Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 12 duty to be taken pro rata in enactments Page 1 of about 1,180 results (0.250 seconds)

Rabindra Nath Bera Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

..... some penal offences mentioned therein (act 1983) are akin to some offences like under section 406, 409, 420 of ipc, whether a secretary of a co-operative society can be prosecuted for the offences of ipc without taking sanction of the registrar.18) under section 26 of the general clauses act, 1897 if the offences are punishable under two or more enactments, the offender shall be liable to be prosecuted or punished either or any of those enactments but should not be liable to ..... any public duty by the government;(b) in the service or pay of a local authority, a corporation established by or under a central, provincial or state act or a government company an defined in section 617 of the companies act, 1956 (1 of 1956)section 8 of west bengal co-operative societies act, 1983 :- section 8 officers of co-operative societies to be public servants every officer of a co-operative society shall be deemed to be a public servant within the meaning of section 21 of the indian penal code.section 23 of the west bengal co-operative societies act, 1983 :-section 23 co- ..... of a co-operative society under maharastra co-operative societies act are not public servants falling within the ambit of section 21 of ipc.9) i have carefully gone through the order impugned and found that the learned court has taken the view that since west bengal co-operative societies act, 1983 is a special and self contained act and when section 8 of the act clearly envisages that every officer of the co-operative societies .....

Parle Biscuits (P) Ltd. Vs. the State of Bihar and ors.

Court : Supreme Court of India

Reported in : 2003(51)BLJR2064; 2005(192)ELT23(SC); [2005(3)JCR46(SC)]; JT2004(10)SC449; (2005)9SCC669; [2005]139STC204(SC)

..... section 27 of the bihar and orissa general clauses act, 1917 (in short the 'bihar general clauses act') corresponding to section 24 of the general clauses act, 1897 (in short the 'general clauses act') provides for 'continuation ..... sale in bihar or in the course of inter-state trade or commerce;(c) sale of goods to a registered dealer required directly for use in mining, or to a person, company or undertaking holding registration certificate under the bihar electricity duty act, 1948 (bihar act xxxvi of 1948) required directly for use in the generation or distribution of electricity; and (d) sales of machineries, tools, plants and accessories thereof to a person firm, company, corporation or concern intending to establish a business in bihar ..... the provision unless a different intention appears from the amended or re- enacted provision, the notification issued under the earlier enactment, if not inconsistent with the re-enacted provision shall continue in force and be deemed to have been issued under the re-enacted provision, unless and until it is superseded by issuance of fresh ..... the matter, effect of notification dated 28.1.1985 is not taken away by section 13(1)(e) of the act. 27. ..... it was submitted that the stand of the state presently taken that 'cardboard boxes' would also be included in 'carton' has also been dealt with in card board products case (supra) and the same has ..... it was, therefore, held that the view taken by the authorities not to include packing materials made out of .....

The State of Rajasthan Vs. the Mewar Sugar Mills Ltd., Bhopalsagar

Court : Supreme Court of India

Reported in : AIR1969SC880; [1969]1SCR845; [1969]24STC174(SC); 1968()WLN13

..... stage to set out the provisions of section 22 of the general clauses act, 1897 (act x of 1897) which is to the following effect:'making of rules or by-laws and issuing of orders between passing and commencement of enactment. ..... in the argument of the respondent because section 29 of the act makes the provisions of the general clauses act, 1897 (act x of 1897) applicable for the interpretation of the act in the same manner as they apply for the interpretation of a central act. ..... general clauses act, 1897 (x of 1897), shall mutatis mutandis apply, so far as may be, for the interpretation of this act in the same manner as they apply for the interpretation of a central act ..... opinion that section 22 of the general clauses act (corresponding to section 37 of the english act) is a section dealing not merely with construction but with interpretation and it follows that the provisions of that section are applicable for the interpretation of the act in view of the requirement of section 29 thereof ..... it follows therefore in the present case that by reason of section 22 of the general clauses act rules published by the rajasthan government on march 28, 1955 in the rajasthan gazette must be held to be validly made in exercise of the rule-making power of the state government but they would be deemed to ..... we accordingly overrule the view taken by the high court on ..... the view taken by the high court was that the rules framed initially were not valid for the purpose of imposing penalties and the rajasthan .....

Government of Rajasthan and anr. Vs. Sangram Singh and ors.

Court : Rajasthan

Reported in : AIR1962Raj43

..... feel justified in taking the view that the foregoing conclusion to which i have arrived by applying the general principle of interpretation also flows directly from section 13 of the ordinance which has made the general clauses act, 1897 of the central legislature applicable to the ordinance. ..... become barred under the ordinance by applying the provisions of the ordinance to such application and then the court is to relieve this injustice by making adaptation in the said ordinance under section 11, when the language of an enactment does not expressly provide for retrospective operation and the retrospective operation is to be inferred by necessary intendment the court should always lean to the interpretation that the existing rights are not ..... singh's case, ilr (1960) 10 raj 913, it was held that the effect of enactment of sections 9 and 11 was that the rajasthan ordinance was to operate retrospectively to the extent that even suits or applications which were within limitation at the time of the commencement of the ordinance but were barred if the provisions of the rajasthan ordinance applied, should be taken to be governed by the provisions of the ordinance and in suitable cases of injustice and ..... of limitation, it has been said in a number of cases that if there is a gap between the dates of enactment and enforcement of the new law of limitation repealing the old law, it should be taken that all suits and applications must be filed within the period prescribed under the new law. .....

Common Cause Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC4493; (SCSuppl)2004(1)CHN123; [2004(2)JCR8(SC)]; JT2003(Suppl2)SC270; 2003(8)SCALE463; (2003)8SCC250

..... act;as per counsel submission when the enactment delegates its power to the executive to appoint the date of enforcement but does not permit different dates being appointed for different provisions of the act, then the provisions of section 5 of the general clauses act, 1897 govern such enactments ..... central government to consider within 6 weeks whether the time to enforce the act has arrived and in this view of the matter i respectfully disagree with ..... want to bring the act into force in its present ..... section 1(2); the power of the constituent to delegate its power to bring into force the act to the executive; as to whether there was any internal contradiction between the provisions of article 368(2) and those of section 1(2) of the constitution 44th amendment act ..... section 1(2) of the 44th amendment act; the consequences of the failure of the central government to issue a notification under section 1(2) for bringing into force the provisions of 44th amendment act within a reasonable time, and, the question, as to whether despite the provisions contained in section ..... act ..... enacted ..... act ..... section 1(3) of the act to bring the act ..... general ..... act ..... section 1(2) of the 44th amendment act ..... section 1(3) of the act notifying the date on which the said act shall ..... taken to the constituent body itself appointing a specific future date with effect from which the amendment act will come into force; and if that be so, different dates can be appointed by it for bringing into force different provisions of the amendment act .....

State of Kerala and Other Vs. Munnar Woods, a Partnership Firm Rep. by

Court : Kerala

..... section 4 of the kerala interpretation of general clauses act corresponds to section 6 of the general clauses act, 1897. ..... the learned special government pleader relied upon section 6 of the general clauses act which inter alia indicates that even if a central act is repealed, it shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. ..... the position in law thus clearly are (1) that the buildings constructed on this piece of government land did not belong to government, (2) that the petitioners were in possession and occupation of the buildings and (3) that by virtue of enactments binding on the government, the petitioners could be dispossessed, if at all, only in pursuance of a decree of a civil court obtained in proceedings properly initiated. ..... before we part with this case, we feel it our duty to say that the executive action taken in this case by the state and its officers is destructive of the basic principle of the rule of law. ..... if the intention indicated expressly or by necessary implication in the subsequent statute was to abrogate or wipe off the former enactment, wholly or in part, then it would be a case of total or pro tanto repeal. .....

The Oriental Insurance Co. Ltd., Vijayawada Branch Rep. by Its Branch ...

Court : Andhra Pradesh

Reported in : 1994(1)ALT105

..... it is stated under sub-section (4) of section 217 of the new act that the mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897, with regard to the effect of ..... that such a right is an accrued substantive right, it has been taken away by the new act impliedly and is not saved under section 6 of the general clauses act. ..... the tenant held that rent control legislation being beneficial legislation to the tenant, has to be given a liberal interpretation and while ordinarily substantive rights should not be held to be taken away except by express provision, or clear implication in the case of rent control act, it being a beneficial legislation the provision which confers immunity to the tenant against eviction by the land-lord though prospective in form operates to take away the right vested in ..... section 217 of the new act repeals the old act and under sub-section 2(a), anything done, or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of the new act, be deemed to have been done or taken under the corresponding provision of the new act ..... a preliminary objection was taken by the respondents that the appeals are not maintainable under section 173(2) of the motor vehicles act, 1988, hereafter referred to as new act, inasmuch as the amounts in dispute in all the appeals are less .....

Kalyani Amma and ors. Vs. Sankara Raman Namboodiri and ors.

Court : Kerala

Reported in : AIR1988Ker166

..... when once the nair act is repealed and proceedings under the act are pending on the date of such repeal whether they could be continued under that act has to be decided with reference to the provisions of the repealing statute read along with section 4 of the interpretation and general clauses act 1125 corresponding to section 6 of the general clauses (central) act 1897. ..... the repeal is also prospective and section 4 of the interpretation and general clauses act would squarely apply to proceedings instituted prior to the commencement of the act. ..... sub-section (1) of section 7 enacts that save as otherwise expressly provided in the act. ..... under sub-section (2) of section 4 of the act all members of the family holding joint family property shall with effect from the date of commencement of the act hold the property as tenants in common as if a partition of such property per capita had taken place among all the members of the family living on that day. ..... in such cases if the court finds that no contrary intention is indicated in the repealing enactment, the position would be that pending proceedings would survive as if the repealing provision continued to be in force'. ..... the right of each coparcener or other co-owner extends to the whole property jointly xvith the others and the step taken to recover the properly is for the obvious advantage of all the co-owners. ..... the silence in the repealing act cannot be taken to be an indication of a contrary intention. .....

Union Bank of India Etc. Vs. Y.N. Mishra (Sri) and ors. Etc.

Court : Jharkhand

Reported in : [2003(1)JCR218(Jhr)]

..... this position has been made clear by clause (b) and (c) of the proviso to section 4 of the central act xxx of 1965 which substantially correspond to clause (c) and (e) of section 6 of the general clauses act, 1897. ..... amended by the state of bihar it appears that for the first time, while amending section 21 of the act by jharkhand amendment act, 2002, a proviso has been added which empowers the high court to decide or direct that any pending appeal or appeals filed before it at any time shall be transferred to the district judge or additional district judge and on such decision being taken or order being passed by the court, such appeal or group of appeals shall so stand transferred ..... 1887 (in short the act of 1887) in its application to the state of jharkhand the legislature of jharkhand enacted bengal, agra, and assam civil court (jharkhand amendment) act, 2002 (act 11 of 2002) whereby certain provision of 1887 act has been amendment.3. ..... (v) this vested right of appeal can be taken away only by a subsequent enactment, if it so provides expressly or by necessary intendment and not otherwise.' 19. ..... , (1) when by competent enactment such right of appeal is taken away expressly or impliedly with retrospective effect and (2) when the court to which appeal lay at the commencement of the suit stands abolished (see garikapatti veeraya v. n. .....

Mahdukar Vishram Sawant Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1974)76BOMLR328

..... section 26 of the general clauses act, 1897, which is the foundation for these views, runs thus :where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.the language of the section is clear and what is prohibited is the punishment for the same offence if it is covered by or falls under two different enactments ..... section 26 of the general clauses act, the learned judge observes that separate sentences are illegal since there is only one act which constitutes an offence under the two enactments ..... out that both in the case of article 20(2) of the constitution of india as well as section 26 of the general clauses act to operate as a bar the second prosecution and the consequential punishment thereunder must be for 'the ..... the view taken seems to be that offences falling under section 161 of the indian penal code and section 5(1)(a) of the prevention of corruption act are the same and, therefore, section 26 of the general clauses act would be ..... section divides the criminal misconduct into four categories and sub-section (d) says that if a public servant, by corrupt or illegal means or by otherwise abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage he is said to commit the offence of criminal misconduct in discharge of his duty .....