Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 2 repeal repealed Page 8 of about 45,681 results (0.256 seconds)

Employees' State Insurance Corporation and Anr. Vs. Enkay (India) Rubb ...

Court : Punjab and Haryana

Reported in : (1998)IIILLJ172P& H; (1997)115PLR583

..... section 6 of the general clauses act, 1897 provides for effect of repeal ..... petitioner-respondent's learned counsel supported the findings recorded by the insurance court and argued that its petition filed under section 75 of the act was rightly held to be within limitation as respondent-appellants created the demand by the letter dated june 13, 1975 and the petition was submitted on ..... petitioner-respondent was under the statutory obligation to deposit the contribution under the act for the period from january 28, 1968 to june 30, 1973 as soon as it becomes due under section 77(1)(a) of the act, which prescribes the period of three years from the date on which cause ..... andhra pradesh high court also considered such a rule (rule 42) framed by the state government under section 96(1)(b) of the act and held that section 96(1)(b) does not confer a power on the government to prescribe rules in respect of period of limitation ..... the insurance court has fallen into an error in holding that the demand created for the petitioner-respondent's staff posted at delhi is also not legally tenable, as no notification was issued under section 1(5) of the act to cover the sales staff within the definition of the word 'employee'.8. ..... counsel contended that the insurance court fell into an error in holding that since the aforementioned demand was created vide letter dated june 13, 1975 and the petition under section 75 of the act was filed on july 16, 1979; therefore, the petition was within limitation. .....

Sohana Woollen Mills and Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1993Delhi70

..... taking note of section 6 of the general clauses act, 1897, which provides that a repeal, unless contrary intention appears, does not effect the previous operation of the repeated enactment as if the repealing act had no been passed, the bench observed that the applicability of the said section cannot be ruled out when there is repeal of an enactment ..... case, we are of the view that since there is no change in the legislative intent in bringing into the statute book section 11a in place of eld rule 10 with effect from 17th november, 1980, and when in fact the provisions of section 11a are substantially the same as those of rule 10, as it then existed, on the principles of section 6 of the general clauses act, the rights and obligations of the parties will have to be decided on the basis of continued application of rule 10. ..... that since new rule 10 showed no different intention what the law was prior to its substitution, section 6 of the general clauses act would apply. ..... section 11a of the act, inserted an-.l enf( 'iced with effect from 17th november, 1980 is in pari materia with rule 10 but the amending act does not contain any saving clause to the effect that proceedings pending under rule 10 on the date when the aforesaid provision came into effect would be treated as proceedings under this section. ..... being aggrieved by the said order, the petitioners filed revision applications under section 36 of the act (as it then existed), raising the same pleas which were raised before .....

Chandpaklal Ramanlal Shah Vs. Reliance Industries Ltd.

Court : Supreme Court of India

..... it was also observed that omission of the provision was not at par with repeal and section 6 of the general clauses act, 1897 did not apply to repeal of a rule. ..... opposing the above submissions, learned senior counsel for the respondent submitted that section 6 of the general clauses act did not apply omission and applied only to repeal. ..... alternatively, it was submitted that section 6 of the general clauses act applied to omission which was also repeal. ..... referring to section 38a added to the act by the finance act, 2001, it was observed that explanation to section 132 of the finance act, 2001, laid down that an act or omission, which would not have been 3 punishable but for the said section, will not be punishable. ..... thereby, the high court set aside the order of the trial court dated 22nd march, 2013 and discharged the respondent in criminal case no.441 of 1987 under section 9 of the central excises and salt act, 1944 (the act) read with rules 52a, 56a, 173g, 9(2) and 173(q) of the central excise rules, 1944 (the rules) read with section 11-a of the act. 2 2. ..... the application was rejected and charge was framed by the trial magistrate vide order dated 22nd march, 2013 as follows : a charge is framed against the accused for the offence punishable under section 9 of central excises & salt act, 1944 read with violation of rule 52(a), 56(a), 173(g), 9(2) of central excise rules and rule 173(q) read with section 11(a) of the central excises & salt act, 1944. 3. .....

Raghuraj Singh Vs. Sobhaman

Court : Allahabad

Reported in : AIR1951All485

..... section 6, general clauses act, 1897, the repeal of an enactment does not prima facie affect pending actions which are to be decided as if the repealed ..... rules are subject to one condition and that is that the legislature has not shown a contrary intention either in express words or by necessary implication; and, therefore, the only question that has to be decided is whether section 31, amending act, x [10] of 1947, is retrospective in operation so as to affect the period of limitation which governs suits pending at the time of its enactment, whether they are pending in the trial court or are in the stage ..... revenue court for recovery of possession against the defendant, who was one of the cosharers in the superior proprietary rights and therefore, not a 'landlord' against whom alone a suit under section 108 (10), oudh rent act, could be instituted in the revenue court and that therefore he had a period of 12 years limitation and not of one year for his suit if one were to be filed before the u. p ..... far as such rights or remedies are inconsistent with the provisions of the said act as amended by this act : provided secondly that the proceedings under section 53 between a landholder and his tenant and all proceedings under section 54 shall be quashed :provided thirdly that appeals and revisions arising out of the proceedings under section 53 between a landholder and his tenant or out of those under section 54 shall be so decided as to place the parties in the same position .....

Shri Vinod Lal Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 1995CriLJ2603

..... 2 of 1947 and the criminal (amendment) act, 1952, have been repealed, but section 6 of the general clauses act, 1897, continues to be applicable in the case of the petitioner in the peculiar circumstances of the instant ..... scrutiny of the abovesaid provision provides for previous sanction for prosecution in case of a person employed in connection with the affairs of the union of state government or other authority and, as already observed, it is analogous to section 6 of prevention of corruption act (old) except clause 19(3) which provides that on the ground of irregularity of sanction, no finding of the court can be reversed. ..... be reversed or altered by a court in appeal, confirmation or revision on the ground of the absnece of, or any error, omission or irregularity in, the sanction required under sub-section (1), un less in the opinion of that court, a failure of justice has in fact been occasioned thereby;(b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a ..... om prakash, learned additional advocate general has vehemently contended that sub-section (3) of section 19 of the act of 1988, is applicable during the pendency of the trial at all stages commencing with the issuance of the process against the accused by special judge, who takes cognizance of the offence notwithstanding the grant or refusal .....

Mohideen Imbrahim Vs. Mahomed Mura Levai Through His Agent Mahomed Mir ...

Court : Chennai

Reported in : 17Ind.Cas.437; (1912)23MLJ487

..... by virtue of section 6 of the general clauses act x of 1897 the repeal of the code of 1882 by the new code, act v of of 1908 which came into force on the 1st of january 09 did not affect the right acquired under that enactment and it continued in him though his right to exercise it would ..... entitling the purchaser to apply to the court to set aside the sale on the ground that the person whose property purported to be sold had no saleable interest therein under section 315 which embodies section 258 of the code of 1859 includes among the circumstances under which the purchaser was entitled to receive back his purchase money this new circumstance 'when it is found that ..... purchaser shall be entitled to receive back his purchase mone.3''' are altered into the words 'the purchaser shall be entitled to an order for repayment of his purchase money,' the omitted words in section 315 were the basis of the decisions in the cases above referred to, that a substantive right to receive back the purchase money was conferred upon the purchaser. ..... it has been repaatedly held that under section 315 of that act a suit by a court auction purchaser to recover the sale price from the decree-holder would lie where it was found on a suit brought by a third party that the judgment-debtor ..... the proclamation under section 287 of that act did not state that all that was sold was the right, ..... section 249 of that act provided that the proclamation should declare that the sale extended only to the right title and .....

R.C. Jall Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1962SC1281; [1962]Supp3SCR436

..... . the coal production fund ordinance, 1944, shall be repealed, and for the avoidance of doubts it is hereby declared that the provisions of section 6 of the general clauses act, 1897 (x of 1897) shall apply in respect of such repeal. 10 ..... . 6 of the general clauses act, 1897 (x of 1897) shall apply in respect of the repeal ..... . general clauses act, 1897 (x of 1897) ..... 6 of the general clauses act to the repealed ordinance fell with the expiry of the repealing ordinance on january 1, 1947, with the result that there was no law when the constitution came into force so as to be continued under art. ..... . 6 of 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 ..... . 6 of the general clauses act was expressly made applicable to the repeal ..... . 30, of the general clauses act, might have achieved the said result, but ex abundanti cautela and to place the matter beyond any controversy, s ..... . the decisions relating to the repeal of a temporary ordinance with a saving clause have no bearing in the present context, for in that case the repealed ordinance, in so far as it was kept alive, could not have a larger lease of life than repealed and the repealed and the repealing ordinances possessed .....

B. Bansgopal Vs. Emperor

Court : Allahabad

Reported in : AIR1933All669; 145Ind.Cas.680

..... provision of section 38, english interpretation act, we have section 6, general clauses act, 1897, under which when an act repeals any previous enactment the repeal does not revive anything not in force or existing at the time of the repeal, or affect the previous operation of any enactment so repealed or anything duly done or suffered there under; or effect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed or affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or affect any ..... section 6, general clauses act, 1897, does not apply because the ordinances in question have not been repealed but have expired automatically. ..... section 6, general clauses act, of 1897, does not apply to ordinances which have expired by lapse of time. ..... 281 thought that although the provisions of section 6, general clauses act, do not apply in terms to the case of a temporary statute, the term of which has expired, it may reasonably be contended that they merely give a statutory expression to a rule of construction which was already in existence and which applies with equal force to statutes that had been expressly repealed and to temporary statutes the terms of which had expired. .....

Kanthimathy Plantation Pvt. Ltd. Vs. State of Kerala and Others

Court : Supreme Court of India

Reported in : [1989]Supp1SCR206; 1990(1)LC270(SC)

..... if there was a repeal, the provisions section 6 of the general clauses act of 1897 are directly attracted. ..... part of section 6 of the general clauses act reads: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.the express words used in clause (b) certainly take in the scheme framed under the repealed act. ..... steps taken under the kerala act upto declaration under section 6 which had been upheld by the high court were valid steps and there was no effacing thereof on account of the deemed repeal of the state act by the amending act of 1984. ..... there is no provision made in the amending act to indicate repeal of the state law but application of article 254 is automatic to situations where it is applicable and by the operation of the article the state act stood repealed and the central act became applicable. ..... the high court was again approached for quashing the said notice and the continuance of the proceedings on the footing that in the absence of fresh steps under section 4(1) and the subsequent procedural steps envisaged under act 1 of 1894, the award could not be made. .....

Chandrasekhara Mandian Vs. Income-tax Officer

Court : Kerala

Reported in : [1973]87ITR564(Ker)

..... section 54, it must be noted, has been preserved after its repeal by section 6(c) of the general clauses act of 1897 ..... in the repealing act or in the subsequent enactments indicating any intention to destroy the rights, privileges or obligations created by section 54 which would otherwise be preserved by section 6(c) of the general clauses act after the repeal of section 54. ..... section 137 is not followed by a re-enactment of that section in any form.section 138(2) does not contain any intention so as to eliminate the application of section 6 (general clauses act ..... section 138(2), it is as if the subject-matter of section 137(1) has not been re-enacted for purposes of application of section 6 of the general clauses act.'3 ..... section (1) of section 297 of the new act, the old act was repealed but there were various saving clauses of which clauses (a) and (c) are :' (a) where a return of income has been filed before the commencement of this act by any person for any assessment year, proceedings for the assessment of that person for that year may be taken and continued as if this act ..... the income-tax authorities to treat the same as confidential accrued the moment the statement was recorded and neither the repeal of the income-tax act, 1922, nor the enactment of the income-tax act, 1961, nor the omission of section 137 from the act of 1961 having obliterated the obligation imposed by section 54, the learned munsiff was not right in insisting upon the production of the documents in question. .....