Court : Gujarat
Reported in : (1979)1GLR666
..... though no such saving clause appears in the general clauses act, i heir lordship think that the principle is as applicable in india as it is in this country. ..... for considering the alleged violation of articles 14 and 16, we have to ask ourselves whether the classification for the purpose of fixation of seniority for the sole purpose of governing promotions from the cadre of assistants to the cadre of section officers, can be said to be unreasonable or arbitrary, and secondly we have to ask ourselves whether the basis of the classification of all promotee assistants of the sachivalaya in one common class for the purpose of fixation of their seniority inter ..... perhaps more cogent objections to this contention of the secretary of state, and their lordships are not prepared to hold that the sub-section in question which was not enacted till 1921, can be regarded as incorporated in the local act of 1911....in this country it is accepted that where a statute is incorporated by reference into a second statute, the repeal of the first statute does not affect the second; see the cases collected in craies on statute t aw, 3rd edn. pp. ..... this doctrine finds expression in a common-form section which regularly appears in the amending and repealing acts which are passed from time to time in india. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1488
..... the principle underlying section 7 of the bombay general clauses act is that every later enactment which supersedes on earlier one or puts an end to an earlier state of law is presumed to intend the continuance of rights accrued and the liabilities incurred under the superseded enactment unless ..... meaning of words 'shall be substituted' is not capable of much debate and the process of substitution comprises of a repeal and a fresh enactment and the two are part and parcel of single individual process (see : state of maharashtra v. ..... the court is in the context of this situation where repeal is followed by fresh legislation on the same subject, obliged to look into the provisions of the new act only for purposes of determining whether they indicate a different intention and the line of inquiry would be not whether the new act keeps alive the old rights and liabilities but whether it manifests any intention to destroy them (see : state of ..... the legal position is well settled in this respect that when an existing statute or regulation is repealed and the same is replaced by a fresh statute or regulation unless the new statute or regulation specifically or by necessary implications affects the rights created under the old law, these rights must be held to continue in ..... 110 in paragraph 78 dealing with 'repealing and amendatory acts' as under:amendatory statutes are sometimes nearly anonymous with curative acts so far as effect is concerned, since they are sometimes enacted to serve the .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR702
..... clearly held there that 'in a case in which the landlord asks possession of premises used entirely for business on the ground falling under section 13(1)(bh) of the act, the undertaking mentioned in clause (a) to sub-section (3a) cannot apply, meaning thereby that there is no restriction to the landlord to recover the possession of such premises'. ..... where a decree for eviction has already been procured by the landlord on the ground specified in clause (hh) of sub-section (1) of section 13 and the work of demolishing the premises and of the erection of a new building has been commenced by the landlord, it is open to the tenant within six months from the date on which ..... acknowledgment of the situation by the legislature in this proviso appended to clause (a) of section 17b of the act that the premises dealt with by section 13(1)(hh) can well be residential premises as well as non-residential ..... the face of the above-quoted proviso appended to clause (a) of section 17b of the bombay rent act and would render the said proviso to some extent ..... , they are being rejected by me because i confirm the view of the courts below that the procurement of a certificate from the tribunal is mandatory for the purpose of instituting suits under section 13(1)(hh) of the bombay rent act, and that having not been done in these cases, the suits were rightly dismissed by the courts below. ..... apart from this general principle, there is a clear indication in the statute itself supporting the ..... be general or special .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR976
..... if there is an accured right then the principles embodied in section 7 of the bombay general clauses act would apply subject to the expression of the legislative intent. ..... ' by the amending act, bombay act 61 of 1953, that sub-section was repealed by a new sub-section (3) which contained clauses (a) and (b) which have been earlier quoted. ..... this vested right, he argued, was saved by section 51 of the bombay act which section was introduced in the bombay act as from 31-12-1963 when the saurashtra act was repealed and the bombay act was extended to the saurashtra area. ..... contain provisions simitar to the said section 22 but contained a saving proviso which said:provided always that notwithstanding such repeal:(b) all rights accrued and obligations incurred or imposed under or by virtue of any of the said repealed enactments shall subject to any express provisions of this act in relation thereto remain unaffected by such repeal.it was contended on behalf of the appellant that this saving proviso enabled him still to make an additional conditional purpose as if section 22 of the repealed act had remained in force. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj38; (1961)2GLR38
..... said act is in the following terms: 'an act to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce in, certain commodities''.sub-sections (1), (2) and (5) of section 3 of the said act provide ..... '' our attention has also been drawn by the learned advocate general to an order dated 29th august 1959 made by the central government which runs as follows : 'in exercise of the powers conferred by clause 10 of the sugar (control) order 1955, the central government hereby directs that the powers conferred on it under clause 7 of the said order in so far as they relate to the sale of sugar released to sugar factories in the state of bombay shall ..... shall sell or purchase or agree to sell or purchase any sugar at a price in excess of that fixed under sub-clause (i): provided that the price at which sugar may be sold for delivery otherwise than at ex-factory price shall not exceed the price or the minimum price, as the case may be, fixed under sub-clause (i) for sale at ex-factory price plus such charges, in respect of transport to or in specified areas and other incidental ..... the government of bombay thereafter in exercise of the powers conferred by clauses (d), (h), (i) and (j) of sub-section (2) of section 3, read with the said notification dated 15-11-1958, and with the prior concurrence of the central government, made an order called the bombay sugar dealers' licensing order, 1959, (hereinafter referred to .....
Tag this Judgment!Court : Gujarat
Reported in : 1953CriLJ665
..... powers of the governor general and states:but the power of making ordinances under this section is subject to the like restrictions as the power of the dominion legislature under this act to make laws; and any ordinance made under this section may be controlled or superseded by any such act.this portion of the section read with clause (2) of section 6 of the act leaves little doubt that the extent of the legislative power of the governor general is subject to the ..... of accepting the arguments advanced by the learned advocate general; but relying upon clause 1, instrument of accession i hold that the power of the governor general to legislate by ordinances under section 42 of the act is not taken away by anything contained in the instrument ..... it is provided by clause (a) of sub-section (1) of section 6, government of india act, 1935, that a dominion authority (the governor-general, the dominion legislature, the federal court or any other) shall exercise such function as may be vested in it by or under the act but subject always to the ..... opinion that clause 1, instrument of accession, delegates to the governor general the legislative power contained in section 42 of the act by issue ..... having force in the stale of madhya bharat.it was urged by the learned public prosecutor that under section 42 government of india act, an ordinance made and promulgated by the governor-general shall have the like force of law as an act passed by the dominion legislature, and therefore the ordinance no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR313
..... considering the provisions contained in article 163(3) of the constitution and section 3(b)(c) of the general clauses act, 1873, the apex court did not agree with the finding of the high court and held as under (at p, 1525): 'we have already pointed that in view of the ..... this part, any provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution (seventy-second amendment) act, 1992 which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:provided that all the ..... this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, which ever is earlier:provided that all the ..... however, proviso to articles 243-n & 243-zf provides that the panchayat/municipality which is existing before the commencement of the act, which may be amended or repealed to make the provisions consistent with the provisions contained in parts ix and ix-a in the manner prescribed therein, can be dissolved by a resolution that may be .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
..... their lordships then observed that though there was no golden thread in the lebyrinth of those cases, two general propositions might be accepted:(1) that regulation of trade, commerce and intercourse among the states was compatible with its absolute freedom, and (2) that section 92 was violated only when a legislative or executive act operated to restrict such trade, commerce and intercourse directly and immediately as distinct from creating some indirect or consequential impediment which might fairly ..... sorabji was that chapter iv-b, the definition clause in section 2(10a) and the rules framed by the state government, especially rules 22, 32, 36 and 37 ran counter to and were violative of the freedom of trade, commerce and intercourse, guaranteed by article 301 and were not reasonable restrictions ..... provides for the conduct of business by a wholesaler ob a retailer and besides demanding from the licence-holder' certain accounts, registers in prescribed forms and furnishing facilities for inspection of such accounts and registers, provides in sub-clause (9) that the licensee shall not admit any person as his partner for the purpose a! ..... it must be remembered that article 304 talks about a bill or an amendment for the purposes of clause (b) of article 304 and the sanction is necessary for moving or introducing such a bill or amendment. .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]41CompCas1098(Guj); (1972)0GLR33
..... (2) a notification under sub-section (1) shall have effect from such date, not being earlier than the date referred to in sub-section (1) of section 3, as may be specified therein, and the provisions of section 21 of the bombay general clauses act, 1904, shall apply to the power ..... may be notification in the official gazette, direct that - (a) in relation to any relief undertaking and in respect of the period for which the relief undertaking continues as such under sub-section (2) of section 3 - (i) all or any of the laws in the schedule to this act or any provisions thereof shall not apply and such relief undertaking shall be exempt therefrom, or shall, if so directed by the state government, be applied with such modifications which do ..... shall be suspended in operation, or shall, if so directed by the state government, be applied with such modifications as may be specified in the notification; (iii) rights, privileges, obligations or liabilities shall be determined and be enforceable in accordance with clauses (i) and (ii) of the notification; (iv) any right, privilege, obligation or liability accrued or incurred before the undertaking was declared a relief undertaking and any remedy for the enforcement thereof shall be suspended and all proceedings relative ..... to do anything which involves a change in the essential policy or the standard laid down by the legislature; and (3) there can be no delegation of power to repeal a law because this power is legislative in character. 41. .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]23STC489(Guj)
..... at page 572 that they were not called upon to express any opinion as to whether the incorporation of the provisions of article 286 of the constitution in the charging section, as it was done in the assam sales tax act, 1947, or in the definition of 'sale' as it was done in the hyderabad general salts tax act, 1950, or even in the rules in regard to the calculation of taxable turnover as it was done in the bombay sales tax rules, 1952, had the effect of taking the ..... in the travancore-cochin general sales tax act, 1125, the non obstinate clause in section 26 as amended by the amendment in 1951 was as under : 'notwithstanding anything contained in this act, - (a) a tax on the sale or purchase of goods shall not be imposed under this act, (i) where such sale or purchase takes place outside the state of travancore-cochin; or (ii) where such sale or purchase takes place in the course of import of the goods into, or export of the goods out of, the territory of india ......' 11. ..... the learned advocate-general, therefore, argued that the non obstante clause in section 75 of the act would be immediately attracted and it must be given an overriding effect by modifying the definition of 'sale' or 'turnover of sales' in section 2(28) and section 2(56) of the act. .....
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