Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 5a coming into operation of governor general s act repealed Page 1 of about 575 results (0.267 seconds)

Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and ors.

Court : Kolkata

Reported in : AIR1928Cal464

..... there is nothing said in act 15 of 1908 about the continuance of the notifications issued under the earlier acts, it is to be remembered that meanwhile the general clauses act (act 10 of 1897) had come into operation. ..... under section 24, general clauses act it is provided thatwhere any act of the governor-general in council or regulation is after the commencement of this act repealed and re-enacted with or without modification, then unless it is otherwise expressly provided any appointment, notification, order, scheme, rule, form or by-law made or issued 'under the repealed act or regulation, shall so far as it is not inconsistent with provisions re-enacted continue in force and be deemed to have been issued under the provisions so re-enacted unless and until it is superseded by any appointment, notification, ..... it is true that act 12 of 1875 was repealed by the indian ports act of 1889, (act 10 of 1889), but by virtue of section 2 of the last-mentioned act the notifications referred to above were deemed to have been made and issued under the last mentioned act and were therefore, ..... 841 of the calcutta gazette of the 20th august 1879, the lieutenant-governor is pleased, with the sanction of the government of india, to declare in accordance with the provisions of sections 5 and 6, indian ports act 12 of 1875, that high-water mark shall extend to 1509 feet above the sill of the kidderpore dock, that being the highest point reached by ordinary spring tides in any season of the year.on .....

Atmaram Vs. Madanlal Rathi and ors.

Court : Rajasthan

Reported in : AIR1953Raj123

..... however, we are of opinion that that makes no difference, because the material words of section 5a, general clauses act are exactly the same as in section 5(1) which reads as follows :'where any central act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent -- (a) in the case of a central act made before the commencement of the constitution, of the governor-general, and(b) in the case of an act of parliament, of the president. ..... the view, therefore, that we have taken in surajmal's case mentioned above is correct, even though we have mentioned section 5a of the general clauses act 1897 there, for we have arrived at the same conclusion using section 5(1) instead.8. ..... in that case, we relied on section 5a, general clauses act of 1897. ..... premises (rent control) ordinance, 1948, the jaipur rent control order, 1947, the marwar house rent control act, 1949, the sirohi state rent restriction act, 3944, and other corresponding laws of the covenanting states dealing with the control of rents and evictions shall be repealed with effect from the date on which this section comes into force:'there is a proviso which makes the usual provision that anything done or action taken before such ..... the mistake took place because the copy of the general clauses act 1897 then before us did not mention the repeal. .....

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 ..... section 30, general clauses act, as subsequently amended, now makes the act applicable not only to the acts of the governor-general, but also to the ordinances made and promulgated by the governor-general under the government of india act ..... also the act: of parliament expiration act, 1808, which to some extent meets the difficulty caused by an offence being committed between the expiration of a previous act and the coming into force of the new act, which professedly continues the operation of the first act.6. ..... 2 of 1932, called the emergency powers ordinance, by the governor-general, the same was extended to the united provinces, and the local government extended its provisions to the districts of these provinces, including fatehpur, on 9th january 1932, and the power under section 4 of the ordinance, was delegated by the local government to the district magistrate of fatehpur sometime .....

Gaurav vs.union of India & Ors.

Court : Delhi

..... sub-section (2) of section 114, however, makes section 6 of the general clauses act, 1897 applicable with regard to the effect of repeal but this is subject to the provisions in the 2013 act. ..... the legal fiction under section 24(2) comes into operation as soon as conditions stated therein are satisfied. ..... the applicability of section 6 of the general clauses act being subject to section 24(2), there is no merit in the contention of the corporation. 7. ..... if a literal construction were to be given, then it would amount to ignoring procedure, mode and manner of deposit provided in section 31(2) of the 1894 act in the event of happening of any of the contingencies contemplated therein which may prevent the collector from making actual payment of compensation. ..... section 114(1) of the 2013 act repeals 1894 act. ..... the argument on behalf of the corporation that the subject land acquisition proceedings have been concluded in all respects under the 1894 act and that they are not affected at all in view of section 114(2) of the 2013 act, has no merit at all, and is noted to be rejected. ..... it further mandates the collector to make payment of compensation the contingencies the contingencies contemplated in section 31(2) are: (i) the persons interested entitled to compensation do not consent to receive it (ii) there is no person competent to alienate the land and (iii) there is dispute as to the title to receive compensation or as to the apportionment of it. ..... governor of delhi and ors; w.p. .....

Sudesh Bansal vs.union of India & Ors

Court : Delhi

..... section (2) of section 114, however, makes section 6 of the general clauses act, 1897 applicable with regard to the effect of repeal but this is subject to the provisions in the 2013 act ..... the legal fiction under section 24(2) comes into operation as soon as conditions stated therein five years ..... the applicability of section 6 of the general clauses act being subject to section 24(2), there is no merit in the contention ..... paid if the compensation has been offered to the person interested and such compensation has been deposited in the court where reference under section 18 can be made on happening of any of the contingencies contemplated under section 31(2) of the compensation may be said to have been paid within the meaning of section 24(2) when the collector (or for that matter land acquisition officer) has discharged his obligation and deposited the amount of compensation in court ..... the locus of the petitioner to file the present petition inasmuch as the documents on which the petitioner is relying upon to show his interest in the subject land is after issuance of notification under section 4 of the act of 1894 and the documents are inadmissible for the purpose of conferring any right, title or interest to the petitioner. ..... to be given, then it would amount to ignoring procedure, mode and manner of deposit provided in section 31(2) of the 1894 act in the event of happening of any of the contingencies contemplated the collector from making actual payment of compensation ..... governor of .....

Maya Devi vs.union of India & Ors.

Court : Delhi

..... sub-section (2) of section 114, however, makes section 6 of the general clauses act, 1897 applicable with regard to the effect of repeal but this is subject to the provisions in the 2013 act. ..... the legal fiction under section 24(2) comes into operation as soon w.p. ..... the applicability of section 6 of the general clauses act being subject to section 24(2), there is no merit in the contention of the corporation. 10. ..... if a literal construction were to be given, then it would amount to ignoring procedure, mode and manner of deposit provided in section 31(2) of the 1894 act in the event of happening of any of the contingencies contemplated therein which may prevent the collector from making actual payment of compensation. ..... section 114(1) of the 2013 act repeals 1894 act. ..... having regard to the fact that possession of the land has not been taken and compensation has not been paid and taking into consideration the observations made by the supreme court in paras 14 to 21 in the case reported as (2014) 3 scc183 pune municipal corporation & anr. v. ..... it further mandates the collector to make payment of the compensation contingencies the contingencies contemplated in section 31(2) are: (i) the persons interested entitled to compensation do not consent to receive it (ii) there is no person competent to alienate the land and (iii) there is dispute as to the title to receive compensation or as to the apportionment of it. ..... governor of delhi and ors; w.p. .....

Karbalai Gulam Vs. Haji Ebrahim Busheri and Co.

Court : Mumbai

Reported in : AIR1939Bom342; (1939)41BOMLR518

..... the provision aforesaid no longer appears in the limitation act, but there is a general provision now appearing in the general clauses act of 1897, section 6 of which 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.10. ..... in that case it was held that section 48 of the code of civil procedure, 1908, has a retrospective effect but this decision proceeded on the ground that section 154 of the code clearly contemplated a retrospective effect of the code and an interference with rights acquired under the old code, and that therefore there was a different intention within the meaning of section 6 of the general clauses act.13. ..... thus in both the acts of 1859 and 1871 express provision was made for cases where suits were filed after the coming into operation of the respective acts up to a certain period.6. ..... in the limitation act of 1871 which received the assent of the governor general on march 24, 1871, and which came into force on july 1, 1871, it was expressly provided that nothing contained in sections 2 and 3 or in parts ii and iii applied to suits instituted before april 1, 1873. .....

Sayed Mohammed Koya Thangal P Vs. The Administrator, Union Territory o ...

Court : Kerala

..... coming into operation of enactments:- (1) where any central act is not expressed to come into operation on particular day, then it shall come into operation on the day on which it receives the assent,- (a) in the case of a central act made before the commencement of the constitution, of the governor-general, and (b) in the case of an act of parliament, of the president. ..... section 5 of the general clauses act, 1897 ['the act' for short] is eloquent and is extracted hereunder:- "5. ..... it is trite law that any central act shall come into operation on the day on which it receives the presidential assent if it is not otherwise expressed that it would come into operation on a particular day only. ..... the repeal of the old act under section 114 of the new act is of course subject to the saving clause found in section 24 of the new act which specifies the cases wherein only the land acquisition process under the old act shall be deemed to have lapsed. ..... :- (1) notwithstanding anything contained in this act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), - (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. .....

Penugonda Venkataratnam and anr. Vs. the Secretary of State for India ...

Court : Chennai

Reported in : AIR1930Mad896; (1931)60MLJ25

..... .84. section 31 of the general clauses act is as follows:in any enactment made by any authority in british india before the date on which section 3 of the government of india act, 1919, comes into operation, and in any rule, order, notification, scheme, by-law or other document made under or with reference to, any such enactment, any reference by whatever form of words to an authority authorised by law, at the time ..... relies upon section 31 of the general clauses act (x of 1897) for construing the expression 'the governor and council' as including 'the governor acting with ministers. ..... . 104 are all repealed either in part or in whole, and that having regard to the following paragraph of section 130 the exemption claimed by the governor and council no longer exists and that the only exemption which they can claim is under section 110 of the government of india act which, it is argued, according to its terms cannot be availed of by them..any reference in any enactment, whether an act of parliament or made by any authority in british india, or in any rules, ..... attempted to offer some explanation for including in the same act two sections dealing-with the same subject; but i do not think it is necessary to embark on this inquiry, however interesting it is; we are familiar with legislation 'by way of abundant caution'; probably, section 110 was enacted to make sure that the wholesale repeals and amendments effected by the government of india act did not interfere with this safeguard which is .....

Emperor Vs. Raghunath Ramchandra Karlekar

Court : Mumbai

Reported in : AIR1941Bom100; (1941)43BOMLR99

..... section 24 only comes into operation where a central act or regulation has been repealed ..... over this difficulty by relying on section 24 of the general clauses act, x of 1897. ..... general clauses act, neither central act nor regulation would include a rule made under an act, unless by some straining of language it is possible to say that the rule can be regarded as part of the act, because it is provided that it is to have the same effect as though it were part of the act ..... of a person holding a certificate of competency issued by the provincial government: provided that, the provincial government may by notification in the official gazette exempt on such conditions as it may impose any such description of work either generally or in the case of any specified class of consumers or owners from so much of this sub-rule as requires such work to be carried out by an electrical contractor licensed by the provincial government in this behalf: ..... introduced by a notification dated march 27, 1937, which was as follows:--in exercise of the powers conferred by section 37 of the indian electricity act, 1910 (ix of 1910), and in supersession of the indian electricity rules, 1922, the governor-general in council is pleased after previous publication to make the following rules applicable to the whole of british ..... electricity rules, 1922, the governor in council is pleased to direct that the following administrations, institutions and bodies shall be exempted from the operation of the said sub-rule. .....