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

Court : Mumbai

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

..... the 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act, 1968 shall not, inter alia, affect the investigation and the legal proceedings already commenced under the repealed act.5. ..... to obviate the necessity of inserting saving clause in each and very repealing statute, a general provision has been made in section 6 of the general clauses act, 1897. ..... the learned counsel submitted that the statement of objects and reasons 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. ..... relying on the statement of objects and reasons, the learned counsel for the petitioners contends that the said statement of objects and reasons clearly show that legislature never intended applicability of section 6 of the general clauses act, 1897.8. ..... director of enforcement, new delhi : 1970crilj588 wherein it was held that section 6 of the general clauses act was only applicable to only repeals and not to omissions and when the repeal is of central act and not of a rule. ..... the gold (control) repeal act, 1990, we have no hesitation in holding that section 6 of the general clauses act is clearly attracted and, therefore, the proceedings pursuant to the impugned show cause notice may be continued. .....

Mahomad Mehdi Faya Tharia Topan Vs. Sakinabai

Court : Mumbai

Reported in : (1912)14BOMLR908; 17Ind.Cas.629

..... section 6 of the general clauses act of 1897 provides that the repeal of an enactment shall not revive anything not in force or existing at the time when the repeal takes effect, or affect the previous operation of any enactment so repealed ..... general terms have reference to all repealing acts and produce the result effected specially for the purpose of limitation by section 2 of the limitation act of 1877, which provided that nothing in that act contained should be deemed to revive any right to sue barred under the act of 1871 or any enactment thereby repealed. ..... taruck nath moitra say with reference to section 2 of the act of 1877: 'it is clear that on the 1st of april 1873 the plaintiff's suit was barred by limitation under the act of 1871 and the act of 1877 could not revive the plaintiff's right so barred-a point which was indeed decided in regard to the limitation acts of 1859 and 1871 in the case ..... in all the cases before the court of king's bench ' the defendants were at the time the act came into operation liable to prosecution and an alteration of the time within which they might be prosecuted whether by extension or diminution was ..... consequently under the provisions of section 4 and article 35 of the limitation act of 1877 any suit for ..... 1909,' however, the limitation act of 1877 was repealed and superseded by the limitation act of 1908. ..... before us the right of suit was barred long before the new limitation act came into force; it is not revived by the repeal of article 35.5. .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... they read as under:- (1) does section 3(1)(b) of the urban land (ceiling and regulation) repeal act, 1999 read with section 6 of the general clauses act, 1897 r/w section 7 of the bombay general clauses act, 1904 save the orders of exemption including all terms and conditions thereof passed under section 20(1) of the principal act, namely, the urban land (ceiling and regulation) act, 1976 and all actions taken there-under? ..... (2) whether, section 6 of the general clauses act, 1897 r/w section 7 of the bombay general clauses act, 1904 apply to the repeal of the principal act by the repealing act, 1999? ..... . in other words, though section 3(1)(b) of the repeal act read with section 6 of the general clauses act, 1897 states that repeal of the principal act shall not affect the validity of the exemption order passed under section 20(1) of the principal act or any action taken there-under notwithstanding any judgment of any court to the contrary, still the obligations and liabilities incurred voluntarily under the exemption order by the person holding the vacant land in excess of ..... . section 6 of the general clauses act, 1897 read with or without section 7 of the bombay general clauses act, 1904 does not apply to the repeal of the urban land (ceiling and regulation) act, 1976 by the repealing act, 1999 .....

L. Venkatesh Naik and anr., Etc. Etc. Vs. Assistant Collector, Special ...

Court : Kerala

Reported in : AIR1992Ker383

..... section repealing the rules specifically provided that on such repeal, section 6 of the general clauses act, 1897, shall apply as if the same were a central act. ..... is also a prayer for a declaration that the objects and reasons preceding the gold (control) repeal act, 1990 is the contrary intention appearing in the statute excluding the applicability of section 6 of the general clauses act, 1897 for the continuance of the provisions of the gold (control) act, 1968. ..... prayer in all these cases is for a writ to quash the direction-contained in the circular to the effect that all infractions of law prior to the repeal of the gold (control) act, 1968 should be taken cognisance of and decided as per the law prevailing at the relevant time by virtue of section 6 of the general clauses act, 1897. ..... not consider all the other decisions referred to above.they all lay down that whether it has been specifically mentioned in the repealing act or not, section 6 will be deemed to form part of the repealing act and it will be read along with the repealing act and so far as there is no re-enactment, the result envisaged in section 6 of the general clauses act will apply. ..... case ( : [1969]72itr787(sc) ) (supra) the supreme court interpreted section 6 of the general clauses act and held :'whenever there is a repeal of an enactment the consequences laid down in section 6 of the general clauses act will follow unless, as the section itself says, a different intention appears in the repealing statute. .....

Mohamed Ali Mulla Vs. State of Goa and anr.

Court : Mumbai

Reported in : III(2006)BC60

..... as far as the first submission is concerned, the same has been answered by a division bench of this court, referring to section 6-a of the general clauses act, 1897 and section 4 of the repealing and amending act, 2001.6. ..... has stated that the legal notice of demand was having correct and proper address of the accused and was despatched at the address of the accused by registered post with acknowledgement due and therefore in terms of section 27 of the general clauses act, 1897, there was a presumption that the notice was duly received by the addressee and it was not necessary for the complainant to prove that the signature on the a.d. ..... this court noted that if the presumption available under section 27 of the general clauses act, 1897 can be imported in a case where notice is returned as unclaimed it can with equal force if not more, in a case where the postal article is received at the address of the accused whether it was received by the accused or any other ..... card was that of the accused and it was for the accused to rebut the presumption available under section 27 the general clauses act, 1897 which the accused had failed to rebut. .....

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

Court : Delhi

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

..... in that context, the supreme court observed that section 297 was meant to provide as far as possible for all contingencies which may arise out of the repeal of the 1922 act, and section 6 of the general clauses act, 1897, would not apply because section 279(2)(a) specifically evidenced in intention to the contrary. ..... held that the effect of section 54 of the indian income-tax act, 1922, has been preserved, after its repeal, by section 6(c) of the general clauses act, 1897. ..... force, and that -the same could not be affected by the repeal of the act of 1922 in view of section 6(c) of the) general clauses: act, 1897. ..... as regards the effect of repeal of an enactment, section 6(c) of the general clauses act, 1897, provides as under:'6. ..... , referring to section 38 of the interpretation act, 1889, which corresponds to section 6(c) of the indian general clauses act, expressed the view : 'it is obvious that that provision was not intended to preserve the abstract rights conferred by the repealed act, such for instance as the right of compensation for disturbance conferred upon tenants generally under the act of 1908, for. ..... as under : 'as a privilege existed in respect of the production of the documents in question at the time they were filed before the income-tax authorities in the present case, the aforesaid privilege could not be affected because of the repeal of section 54 of the act of 1922, in view of the plain language of clause (c) of section 6 of the general clauses act. .....

State of U.P. Thru Secy. Lucknow Vs. Jagdish Chandra

Court : Allahabad

..... to section 6 of the general clauses act, 1897, (hereinafter called the "act,1897") it is submitted that section 6 of the act, 1897 saves the right to appeal unless a different intention appears from the repeal act, ..... itr)=(at p.162 of air): "nor can section 6 of the general clauses act, 1897, serve to keep alive the liability to pay tax on the income of the year 1949-50 assuming it to have accrued under the repealed state law, for a "different intention" clearly appears in sections 2 and 13 of the finance act read together 'as indicated above. ..... right of appeal under section 33 of the act, 1976 is not saved under section 6 of the general clauses act, 1897 after the repeal act, 1999. ..... the right of filing an appeal after the repeal act, 1999 is saved under section 6 of the general clauses act, 1897? ..... was altered by an omnibus provision in the general clauses act, 1897, relating to the effect of repeal of statutes by any central act or regulation. by s. ..... section 6 of the general clauses act applies generally in the absence of a special saving provision in the repealing statute, for when there is one then a different ..... general clauses act (act 1 of 1904) provides for the consequences of a repeal under section ..... of the foregoing discussions, we come to the conclusion that the consequence and effect of the repeal act, 1999 shall not be controlled by section 6 of the act, 1897 rather the consequences have to be spelled out in accordance with the saving clause as contained in the repeal act, 1999. .....

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... . section 6 of the general clauses act, 1897 reads as follows: section 6 - effect of repeal where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under ..... . as per proviso to section 24(2), where possession has been taken, but compensation has not been paid or deposited with respect to majority of land holdings, all the beneficiaries would be entitled for higher compensation only to that extent, the provisions of section 114 of the act of 2013, would be superseded but it would not obliterate the general application of section 6 of the general clauses act, 1897, which deals with effect of repeal except as provided in section 24(2) and its proviso.288 ..... . 79 (2) save as otherwise provided in this act the repeal under sub- section (1) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897) with regard to the effect of repeals .....

Emperor Vs. J.K. Gas Plant Manufacturing Co. Ltd.

Court : Mumbai

Reported in : AIR1947Bom361; (1947)49BOMLR352

..... all these amendments had to be made since sub-section (2) of section 38 of the interpretation act, 1889, and section 6 of the general clauses act, 1897, relate to repealed acts and not to temporary acts which have expired or ceased to have force by efflux ..... recent unreported madras case cited above, this ordinance was not promulgated as an independent ordinance, but only as an amendment of sub-section (4) of section 1 of the defence of india act, 1939, and its intention was, substantially, to apply to that act, on its expiration, the like provisions under section 6 of the general clauses act, 1897, which automatically apply to an act on its repeal, in the absence of provisions to the contrary. ..... repealed enactments of the indian central legislature similar provisions are contained in section 6 of the general clauses act, 1897.40 ..... to be done after the commencement of part iii of the government of india act, 1935, is defined in sub-section (sab) of section 3 of the general clauses act, 1897, to mean the federal government, which before the establishment of the federation is defined in sub-section (18a) to meanas respects matters with respect to which the governor-general is by and under the provisions of the government of india act, 1935, for the time being in force required to act in his discretion, the governor general, and as respects other matters, the governor ..... sub-rule (1) of rule 3 says that the general clauses act, 1897, shall apply to the interpretation of the defence of .....

M/S. Ambalal Sarabhai Enterprises Ltd. Vs. M/S. Amrit Lal and Co. and ...

Court : Supreme Court of India

Reported in : AIR2001SC3580; 93(2001)DLT164(SC); JT2001(7)SC477; 2001(5)SCALE509; (2001)8SCC397

..... we may quote here section 6 of the general clauses act, 1897:'section 6: effect of repeal where this act, or any (central act) or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not-(a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under ..... any enactment so repealed; or (d) affect .....