Court : Gujarat
Reported in : AIR1998Guj99; (1997)3GLR2553
..... however section 6 of the general clauses act 1897, provides, inter alia, that where the act repeals any enactment, unless a different intention appears, the repeal shall ..... municipality (air 1974 sc 396), (paras 20 and 21) the supreme court has laid down that where a party to the proceedings had no right or privilege under the repealed act, which imposed a procedural restriction or a procedural disability on the other side, repeal of the old act and simultaneous re-enactment without that disability does not continue the procedural disability, even on application of section 6 of the general clauses act. ..... the case of gajraj singh, (supra), therefore, the supreme court has held that (para 25) :- 'when there is a repeal and simultaneous re-enactment, section 6 of the general clauses act would apply to such a case unless contrary intention can be gathered from the repealing act. ..... an intention inconsistent with the provisions of section 6 of the general clauses act is clearly manifested insofar as the question of applicability of section 34 of the old act to pending judicial proceedings is concerned and, therefore, applications under section 34 of the old act which are pending in a civil court on the date of commencement of the new act are governed by the new act and not by the old act. 11. ..... even other wise, even if one were to apply the provisions of section 6 of the general clauses act, what the said provisions save are rights, privileges, obligations and liabilities but not any .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2487
..... the code of criminal procedure, 1973 being the central act, the general clauses act, 1897 is required to be referred to. ..... articles 114 and 137 of the limitation act, and section 6 of the general clauses act. ..... section 8 of the general clauses act reads as under:8. ..... pathan (supra), considered section 8 of the general clauses act and arrived at a conclusion that the period of limitation to file an application would be three years and on grant of such leave, an appeal is to be filed or if already filed, could be entertained and that may now be read as 90 days from the ..... construction of references to repealed enactments:where this act, or any central act or regulation made after the commencement of this act, repeals and re-enacts, with or without modification any provisions of a former enactment, the references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.35. ..... thus, in view of the code of criminal procedure, 1973, which has repealed the code of criminal procedure, 1898, the reference found in any other enactment or any instrument to the provisions contained in the code of criminal procedure, 1898 is to be construed as reference to the provision re-enacted. .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR746; [1965]56ITR621(Guj)
..... . the pending proceedings under that sub-section would not have been affected because section 6 of the general clauses act, 1897, would have saved them and even if there was any such apprehension, it could have been laid at rest by enacting a saving proviso which is a legislative devise not altogether unfamiliar to the ..... the re-enactment of sub-section (1)(a) in the amended form have the effect of impliedly repealing sub-section (1a) though the learned advocate-general stated that he did not rely on the principle of implied repeal but based his argument only on the principle of harmonious construction, the effect of the argument must be that sub-section (1a) was impliedly repealed by the amendment made in sub-section (1)(a), i.e ..... whether it is said that sub-section (1a) was abrogated by the amended sub-section (1)(a) or that it ceased to be operative after the amendment of sub-section (1)(a) or that it was impliedly repealed by the amendment made in sub-section (1)(a) is one and the same ..... an effective refutation of the present condition of the learned advocate-general : 'if parliament did really intend that even after 31st march, 1956, a notice for the reopening of an assessment should be given under clause (a) of sub-section (1) for any of the years ending on 31st march of the years 1941 to 1946, then they would have expressed their intention clearly by suitably amending section 34(1) for that purpose or by repealing sub-section (1a), and not concealed it with a more than baconian .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR192
..... (2) notwithstanding that the provisions of this act have come into force or repeal under sub-section (1) has taken effect and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897 (x of 1897). ..... it is true that clause (i) to sub-section (2) of section 32 of the amending act, 1999, provides that the applicability will be subject to section 6 of the general clauses act. ..... apply to or affect any person detained in the civil prison in execution of a decree before the commencement of section 5; (d) the provisions of section 60 of the principal act, as amended by section 6 of this act, shall not exempt salary from attachment to the extent mentioned in clause (i) of the first proviso to sub-section (1) of section 60 before the commencement of section 6; (e) section 89 and rules 1a, 1b and 1c of order x of the first schedule, as inserted in the principal act by sections 7 and 20 of this act, shall not affect any suit in which issues have been settled before the commencement .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj66; (2005)2GLR1202
..... (4) xxx xxx (5) save as otherwise provided in sub-section (2), the mention of particular matters in that section, 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. ..... looking to the provisions of section 185(2) read with section (3) of the act of 1910, read with sub-section (5) with schedule read with section 6 of the general clauses act, 1897, the conditions of supply and miscellaneous charges framed under the act of 1910 are binding upon the respondent. ..... made or issued or any appointment, confirmation or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given under the repealed laws shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act; (b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910) and rules made thereunder shall have effect until the rules under ..... the assessment of theft of energy has also been given to the respondent by the petitioner company as per provisions of section 135 of the electricity act, 2003 read with clause 23(b) of the conditions of supply read with condition no. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj40; (2005)1GLR247
..... (4) xxx xxx(5) save as otherwise provided in sub-section (2), the mention of particular matters in that section, 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.schedule enactments1. ..... looking to the provisions of section 185(2) read with section (3) of the act of 1910, read with sub-section (5) with schedule read with section 6 of the general clauses act, 1897, the conditions of supply and miscellaneous charges framed under the act of 1910 are binding upon the petitioners. ..... the aforesaid contention is also fortified by reading section 185(5) of the act of 2003 read with section 6 of general clauses act, 1896. ..... for the respondent no.1 company that as per annexure 'd', to the conditions of supply framed under section 21(2) of the act of 1910, a format of agreement has been given which is to be signed by the consumer and by the officer of the respondent no.1 and as per clause 7 thereof, the condition of supply framed under section 21(2) of the act of 1910 is binding upon the present petitioners and, therefore, the aforesaid two clauses 22(b) (theft of energy) and 23(c) (for malpractice) are binding to the petitioners which empower the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj50; (1986)2GLR1230
..... 6 of the general clauses act, 1897, where any central act repeals any existing enactment, such repeal shall not affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or affect any right, privilege, obligation or liability acquired, accrued or incurred tinder the repeated enactment unless a different intention appears. ..... 6 of the general ,clauses act can have no effect because a different intention clearly appears on a plain reading of sub-section (3) of s. ..... 97 of the amendment act to clarify that the provisions of the amendment act except those set out in sub-section (2) would apply to pending proceedings also. ..... sub-section (3) of section 97 makes the amendments, except those catalogued in sub-sec (2) applicable to every suit, proceeding, appeal or application pending at, the commencement of the said act or instituted or filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such suit or proceeding, appeal or application was instituted or filed, had been acquired or had accrued before such ..... 101 dealt with repeal and savings and it did not contain any provision similar to sub-section (3) of s. 97. ..... it is, therefore, clear that the language of the section itself rules out an objection as to jurisdiction based on the place of suing unless it is raised in the court of first instance at the earliest point of time and in any case before the issues are settled and further unless .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj172; (1967)0GLR686
..... it is, therefore, contended by the consumers that the order issued in 1951 under old section 57(2)(c) continues to have legal effect even after the amendment of the said section 57 and its substitution by the new section 57a in view of section 6 of the general clauses act, 1897. ..... this decision in terms holds that so far as past operation of a repealed statute is concerned, all the things or orders or schemes issued under the repealed enactment would always survive after the repeal of the said enactment by reason of the saving provision embodied in section 6 of the general clauses act, and that there would be no inconsistency, if the new provisions applied to schemes initiated after the new act came into force as the old schemes were governed by the old law which would still ..... (8) the learned advocate general next argued that under section 24 of the general clauses act where any central act was after the commencement of that act, repealed and re-enacted with or without modification then unless it was otherwise provided, any order issued under the repealed act shall so far as it is not inconsistent with the provisions re-enacted continued in force and be deemed to have been made or issued under the provisions so re-enacted unless and until it is superseded by any order made or issued under the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj1; (1978)GLR1047
..... section 8(1) of the general clauses act provides that where the general clauses act or any central act or regulation made after the commencement of the mid act repeals and re-enact, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless ..... of the interpretation act, 1889, which applied to the government of india act, 1935, and then of section 8 of the general clauses act which applied to the ..... light of section 8(1) of the general claus' act read with ..... force on march 11, 1919, it was specifically provided that no appeal lay against an order of a learned single judge made in exercise of revisional jurisdiction and again no appeal lay under clause 15 of the letters patent against a decision of a learned single judge of the high court if the order was passed by him in exercise of the power of superintendence under the provisions of s. ..... court and not being an order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to s. ..... article 367 of the constitution in clause (1) provides:'unless the context otherwise requires, the general clauses act, 1897 shall, subject to, any adaptations and .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR1036
..... in mohar singh's case this court laid down that the provisions of section 6(c), (d) and (e) of the general clauses act, 1897 relating to the consequence of the repeal of a law are applicable not only when an act or regulation is repealed simpliciter but also to a case of repeal and simultaneous enactment renacting all the provisions of the repealed law. ..... he argued that the provisions of the amending act are not retrospective in character nor is there any inconsistency between those provisions and the present provisions as the two operate on different fields; hence in view of section 6 of the general clauses act, 1897, we must hold that the charges fixed by the government in 1952 continue to be in operation. ..... if any of the earlier provisions in the licence either as they stood when the licence was originally granted or as they stood modified as per the provisions of the supply act prior to its amendment in 1956 are inconsistent with the provisions of schedule vi or section 57(a) as they are now they must be held to be void and of no effect. ..... in the course of its judgment this court observed that when the repeal is followed by a fresh legislation on the same subject, the court has undoubtedly to look into the provisions of the new act but that only for the purpose of determining whether they indicate a different intention. .....
Tag this Judgment!