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West Bengal Power Development Corporation Ltd. Vs. Dongfang Electric C ...

Court : Kolkata

Subject : Arbitration

by inserting this provision in the agreement the parties had waived their rights under Section 6 of the General Clauses Act, 1897. Four judgements were cited by learned Counsel on this point, Madhava Hytech-Rani v. IrCo.International Limited reported in 2016 … Very unfortunately, the law on the subject was not properly shown by learned Counsel to the courts. The General Clauses Act, 1897 was not even referred to. The Repeal and Savings Clause was also not shown to the judges. If

Rekha Mahindra Shah Vs. Gautam Umed Parmar and Another

Court : Mumbai

Subject : Land Acquisition

v. Palapetty Muhammed (2007) 6 SCC 555, this Court reiterated a similar view that Section 27 of the General Clauses Act, 1897 and Section 114 Illustration (f) of the Evidence Act, give rise to a presumption that the service of … Post to a correct and given address, then, the Defendants/Opponents own conduct becomes important. Section 27 of the General Clauses Act, 1897 enacts a presumption. The presumption is rebuttable. It is always open for a party like the Applicant before

inox Air Products Ltd. Vs. Rathi Ispat Ltd.

Court : Delhi

Subject : Property

Acts : Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 2, 2(1) and 9; General Clauses Act, 1897 - Sections 3(26); Transfer of Property Act, 1882 - Sections 3; Excise Act; Arbitration Act, 1940 - Sections 2, 14, 17, 31 and 41; Code of Civil Procedure (CPC) - Sections 15 to 20 - Order 7, Rule 10A

Reported in : AIR2007Delhi53; 2006(4)ARBLR40(Delhi); 136(2007)DLT101; 2007(98)DRJ556

instant case constitutes immovable property, the definition of immovable property as set out in Section 3(26) of the General Clauses Act, 1897 is significant and reads as follows:3(26). Immovable property shall include land, benefits to arise out of land, and … earth and falls squarely within the definition of immovable property as set out in Section 3(26) of the General Clauses Act, 1897 read with Section 3(c) of the Transfer of Property Act, 1882.17. The Apex Court in the case of

Mohanlal Vanmalidas and Company and ors. Vs. Collector of Customs, (Pr ...

Court : Mumbai

Subject : Customs

Acts : Gold Control Act, 1968 - Sections 27(7) and 31; General Clauses Act, 1897 - Sections 6; Gold (Control) Repeal Act, 1990

Reported in : 2004(2)BomCR703; 2004(2)MhLj489

of the Repealing Act, 1990 shows the intention of the Legislature otherwise and, therefore, Section 6 of the General Clauses Act, 1897 has no application. The learned counsel also submitted that there is no saving clause in the Act, 1990 … learned counsel for the respondents submitted that upon repeal of Gold (Control) Repeal Act, 1990, Section 6 of General Clauses Act, 1897 comes into play and, therefore, the repeal of the Gold (Control) Act, 1968 shall not, inter alia, affect

Srm University Vs. the Government of India and anr.

Court : Chennai

Subject : Constitution

Acts : University Grants Commission Act, 1956 - Sections 3, 25, 26(1)(f)(g); General Clauses Act, 1897 - Section 6; Constitution of India - Articles 14, 226; Indian Medical Council Act, 1956 - Section 10A; Motor Vehicles Act, 1988; Repeal Act, 1939; Income Tax Act - Section 297

prejudicial to the petitioner monetarily and otherwise.5.8. He would also submit that by applying Section 6 of the General Clauses Act, 1897 regarding the effect of repeal, the right, privilege, obligation or liability under the enactment repealed shall not be … submitted by Dr.Rajeev Dhavan, it is relevant to apply the yardstick and effect of Section 6 of the General Clauses Act, 1897 relating to the effect of repeal. Section 6 of the General Clauses Act, 1897 is as follows:6. Effect

P.N. Balasubramanian Vs. Union of India and anr.

Court : Delhi

Subject : FERA

Acts : General Clauses Act, 1897 - Sections 6; ForeignExchange Regulation Act, 1947; ForeignExchange Regulation Act, 1973

Reported in : AIR1975Delhi258; ILR1976Delhi506

38 of the Interpretation Act, 1889. With regard to the objects and reasons of section 6 of the General Clauses Act, 1897, the Select Committee says that section 6 is modelled as closely as possible to the wording of section … of the enactment of section 6 of the Central Clauses Act, 1868 succeeded by section 6 of the General Clauses Act, 1897 on this state of common law has, thereforee, to be considered. (7) The relationship between statute law and

Trilok Chand JaIn Vs. Dagi Ram Pindi Lall and ors. Overruled

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 54; Income Tax Act, 1961 - Sections 137; General Clauses Act, 1897 - Sections 6

Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)

Act, 1961, came into force. As regards the effect of repeal of an enactment, section 6(c) of the General Clauses Act, 1897, provides as under:'6. Where this Act, Or any Central Act or regulation made after the commencement of this … not be affected by the repeal of the Act of 1922 in view of section 6(c) of the) General Clauses: Act, 1897. The learned Judge further held that although the application for the protection of the documents was made in

Ganesh Morto Naik Vs. Goa State Co-operative Bank Ltd. and anr.

Court : Mumbai

Subject : Service

Acts : Constitution of India - Articles 34, 226, 309 and 311; Multi State Co-operative Societies Act, 1984 - Sections 42(2), 44, 45 and 51; Banking Regulation Act; General Clauses Act, 1897 - Sections 16

Reported in : 1992(1)BomCR610

Act vests in the Board. It is needless to say that as provided under section 16 of the General Clauses Act, 1897, unless a different intention appears, the power to make appointment includes the power to dismiss the employee from … a statutory power upon the Chief Executive to make appointment which, as provided in section 16 of the General Clauses Act, 1897 includes the power 10 dismiss. The further submission is that since the power to dismiss is statutory, it

Poonjabhai Varmalidas Vs. Commissioner of Income Tax, Ahmedabad

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 36(1) and 41(4); Income Tax Act, 1922 - Sections 10(2); General Clauses Act, 1897 - Sections 24

Reported in : AIR1991SC1; [1990]186ITR572(SC); JT1990(4)SC106; 1992Supp(1)SCC182; [1990]Supp2SCR206

there was no inconsistency between the relevant provisions of the two enactments and that Section 24 of the General Clauses Act, 1897 was attracted as a result of which the order in terms of which the amounts had been written … and consequently the amounts recovered on any such debt were chargeable Under Section 41(4).6. Section 25 of the General Clauses Act, 1897, in so far as it is material, reads:24. Continuation of orders, etc., issued under enactments repealed and re-enacted-Where

Mohd. AmeenuddIn Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Subject : ConstitutionService

Acts : Andhra Pradesh Public Employment (Organisation of Local Caders and Regulation of Direct Recruitment) Order, 1975; Constitution of India - Articles 142, 367(1), 371-D and 372; General Clauses Act, 1897 - Sections 14(1) and 21; Andhra Pradesh Public Employment Organisation of Local Caders and Direct Recruitment (Amendment) Order, 2000

Reported in : 2000(5)ALD311; 2000(5)ALT127

Matched in: Advocate Mr. P.V. Subrahmanya Sarma, Adv. Mr. D. Prakash Reddy, Additional Advocate-General