Court : Gujarat
Reported in : (2005)2GLR993
..... (2) the mention of particular maters in that 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 repeals.section 6 of general clauses act, 1897 reads as under:'6.effect of appeal: -- 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 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 of any enactment so repealed or anything duly done or suffered thereunder ..... barring applicability of subsection (2) of section 185, the mention of any particular matter under the provisions of this act shall not be held to prejudice or affect the applicability of section 6 of the general clauses act in respect of repealed act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3502
..... (b) thereof of the general clauses act, 1897, he has ..... of the repeal, he has relied upon section 6 of the general clauses act, 1897 which provides that 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 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or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or any thing duly done or suffered thereunder.relying upon the aforesaid provisions of section 6 clause (a) and .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR935
..... (2) notwithstanding the repeal made by sub-section (1), but without prejudice to the application of section 6 of the general clauses act, 1897, any notification, order, direction, appointment or declaration made or any notice, licence or certificate issued or permission, authorization or exemption granted or any confiscation adjudged or penalty or fine imposed or any forfeiture ordered or any other thing done or any ..... (1) as from the commencement of this ordinance, the provisions of part xiia of the defence of india rules, 1962, shall stand repealed and upon such repeal, section 6 of the general clauses act, 1897, shall apply as if the said part were a central act. ..... gold control rules but, contended the petitioner, the gold control ordinance, including section 117 sub-section (1), was repealed by section 116 sub-section (1) of the gold control act and according to the common law doctrine the effect of the repeal was to obliterate section 117 sub-section (1) of the ordinance as completely as if it had been never enacted so that the applicability of section 6 of the general clauses act to the repeal of the gold control rules was' completely wiped out and set at naught and the collector of central .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR683; (2009)23VST298(Guj)
..... sub-section (2) of section 30 of the act of 1988,notwithstanding such appeal, but without prejudice to the application of section 6 of the general clauses act, 1897, anything done or any action taken or purported to have been done or taken under or in pursuance of the acts so repealed shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under or in pursuance of the corresponding provision of this act.therefore, ..... act and emphasized that though it has been submitted that the repeal and saving clause provided by this section saves the benefit or exemption granted by a notification to the petitioners, it is required to be considered in light of the submissions made and section 6 of the general clauses act, 1897 ..... he submitted, referring to section 6 of the general clauses act, that the interpretation with regard to the effect of how the right could be affected on repeal of the act which has been discussed, it was emphasized that the existence of the provisions of the act consistent with the repealed act is a precondition and as it was a matter regarding renewal of a permit in this judgment, it has been observed that there may not be ..... he further, submitted that while interpreting such repeal and saving provision, the hon'ble apex court in this judgment has also referred to section 6 of the general clauses act and has clearly observed that if the legislature has used different words, 'unless a different intention appears' cannot .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]105ITR388(Guj)
..... in the alternative, he contended that the case is covered by the provisions of section 24 of the general clauses act, 1897, and the order must be deemed to have been made under section 36(1)(vii) of the act which is the provision of law corresponding to section 10(2)(xi) and, therefore, since the act of 1922 is repealed and re-enacted by the act of 1961 the provision of section 24 would apply. ..... its sub-section (2) provides that notwithstanding such repeal and without prejudice to sections 6 and 24 of the general clauses act, x of 1897, a licence granted under the repealed act and in force immediately before the commencement of the new act shall continue, unless sooner revoked, for the unexpired period for which it has been granted or renewed. ..... janardan ramchandra kulkarni 468 (sc), the effect of section 24 of the general clauses act, 1897, on a notification issued under a repealed act came up for consideration. ..... efb the question then arises whether it is section 6 of the general clauses act, 1897, that will apply or section 24 of the general clauses act which will apply. ..... our conclusions are, therefore, that the case is covered by section 24 of the general clauses act, 1897, and, therefore, the deductions allowed and the decisions taken under the act of 1922 regarding the bad debts must be deemed to have been made under the corresponding provisions of section 36(1)(vii) of the act of 1961 and, therefore, the whole of the provisions of section 41(4) would apply. .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]41CompCas1078(Guj)
..... that is why section 6 of the general clause act, 1897, would be applicable ..... , therefore, this is totally a new right and remedy created to which section 6 of the general clauses act could hardly apply. ..... guilty of any misfeasance or breach of trust in relation to the company; the court may, on the application of the official liquidator, of the liquidator, or of any creditor or contributory, made within the time specified in that behalf in sub-section (2), examine into the conduct of the person, director, managing agent, secretaries and treasurers, manager, liquidator or officer aforesaid, and compel him to repay or restore the money or property or any part thereof respectively, with interest ..... winslow, and pointed out the settled legal position that : 'it is said that this a retrospective construction, because the cause of action arose before the statute came into operation; but the section does not say anything about cause of action; it deals with bringing the action, and there is nothing in it to limit its provisions to cause of action arising after thee statute came into ..... the new act of 1956 has repealed in schedule xii the earlier companies act of 1913 by section 644. ..... it was vehemently argued on the basis of that section that the repeal would not affect any right or obligation which was incurred under the earlier act of 1913 and that any such investigation or legal proceeding in respect of that right or obligation had to be enforced as if the repealing act had not been passed. .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR597
..... he submits that in order that reference to the ordinance in the presidential order may be construed as a reference to the act, one condition precedent has got to be satisfied and that condition precedent is that the ordinance, that is, the repealed ordinance, must be a former enactment within the meaning of the first part of section 8, sub-section (1) of the general clauses act, 1897. mr. ..... now the term 'enactment' has been defined in section 3, clause (19) of the general clauses act, 1897, as including a regulation and a 'regulation' has been defined in section 3, clause (50) of the same act as meaning a regulation.made by the president under article 240 of the constitution and shall include a regulation made by the president under article 243 thereof and a regulation made by the central government under the government 6t india act, 1870, of the government of india act, 1915, or the government of india act, 1935. mr. ..... shah, however, challenges the efficacy of the presidential order on a different ground by contending that the ordinance is not an enactment within the meaning of section 8, sub-section (1) of the general clauses act, 1897. ..... he concedes that in mohan chowdhury's case (supra), their lordships of the supreme court decided that the order was so saved by section 8, sub-section (1) of the general clauses act, 1897. ..... shah contends that the ordinance is not saved by sub-section (1) of section 8 of the general clauses act, 1897. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR48
..... gulam mohamad, reported in 1974 (2) scc 484 was referred to by the learned senior counsel in context of the provisions of section 6 of the general clauses act, 1897 and for its proposition that, if the law required something to be done before the right could accrue then on failure to do that there would be no right to survive the repeal. ..... search for statutory interpretation does not begin and end with the provisions of section 6 of the general clauses act, 1897. ..... it was argued that the provisions of section 6 of the general clauses act were not applicable to this case, because the control order of 1987 was not an act or regulation within the meaning of that ..... a right accrued to the landlord to recover possession under section 13(1) of the saurashtra act when the tenant sub-let the premises during the currency of that act and the right survived the repeal of that act under proviso (2) to section 51 of the bombay act, and therefore, the suit for recovery of possession of the premises under section 13(1) read with clause (e) of the saurashtra act after the repeal of that act on the basis of the sub-letting during the currency of the saurashtra act was maintainable. ..... held that permit would lapse after expiry of the period for which it was initially granted unless an application for renewal was pending under section 58 of the repealed act as on the date of commencement of the new act and in absence of such application, fresh application for grant of permit must be made under the new act. .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]98ITR85(Guj)
..... view of this effect, the indian legislature enacted the general clauses act, 1897, which has been more or less modelled on the provision of the english interpretation act, section 6 of the indian act, which corresponds to section 38 of the interpretation act, defines the effect of the repeal....' 45. ..... submitted that these provisions contained in section 6(e) of the general clauses act, 1897, cannot have any application, as the present case could not be said to be a case where any right, privilege, obligation or liability was acquired, accrued or incurred under the repealing provisions, i.e. ..... he also refers to section 6(c) of the general clauses act, 1897, and observes : 'whether section 54 created any right or privilege or not, it certainly did create an obligation of an absolute nature which could not be waived even by an assessee (see charu chandra ..... was accepted relying upon the provisions of section 6(c) of the general clauses act, 1897 (10 of 1897). ..... our opinion, section 6(c) of the general clauses act, 1897, is applicable ..... also submitted that it could not be said that there was any obligation incurred by the income-tax authority or a public servant which could be saved in view of the aforesaid provisions contained in section 6(c) of the general clauses act, 1897. 23. ..... court has observed : '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. .....
Tag this Judgment!Court : Gujarat
Reported in : 1991(55)ELT467(Guj)
..... it provided in express terms that provisions of section 6 of the general clauses act, 1897 shall apply in respect of the repeal. ..... 6 of the general clauses act, 1897 (x of 1897) shall apply in respect of the repeal. ..... the court dealt with the effect of the repeal and held that without the said express provision, section 6 read with section 30 of the general clauses act might have achieved the said result, but ex-abundanti cautala and to place the matter beyond any controversy, section 6 of the general clauses act was expressly made applicable to the repeal. ..... in that case the court has held that when there is a repeal of a statute accompanied by re-enactment of a law on the same subject, the provision of the new enactment would have to be looked into not for the purpose of ascertaining whether the consequences envisaged by section 6 of the general clauses act ensued or not - section 6 would indeed be attracted unless the new legislation manifests a contrary intention - but only for the purpose of determining whether the provisions in the new statute indicate a different ..... the court further held that under section 6 of the general clauses act, so far it is material to the present case, the repeal did not affect the right of the railway to recover the freight or the liability of the defendants to pay the same, and the remedy in respect of the said right and liability. .....
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