Court : Mumbai
Reported in : 2009(1)BomCR462; 2008(4)MhLj824
..... repeals- the indian independence act, 1947, and the government of india act, 1935, together with all enactments amending or supplementing the latter act, but not including the abolition of privy council jurisdiction act, 1949, are hereby repealed.thus, the government of india act, 1935, and all enactments either amending or supplementing the same are repealed by the force of article 395. ..... of this constitution, all the laws in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.from the non obstante clause with which article 372(1) begins and by specific reference to article 395, it is not possible to accede to the submission of learned government pleader that because the government of india act, 1935, is repealed, the rules framed thereunder can be said to have become ..... according to him, by article 395 of the constitution of india, the government of india act, 1935, is repealed and, therefore, rules framed thereunder stand repealed as soon as new rules (1986) are framed by invoking powers under article 309 of the constitution. ..... learned government pleader has not placed reliance upon any other provisions of the constitution indicating that subordinate legislations enacted either under the government of india act, 1935, or the indian independence act, 1947, which are repealed by article 395, have stood repealed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP106
..... 107 of the government of india, act, 1935 (at p. ..... (2) any act so passed by parliament may be amended or repealed by an act of parliament passed or adopted in like manner but shall not, as respects any state to which it applies, be amended or repealed by an act of the legislature of that state.' 18. ..... the article further provides that any act so passed shall apply to such states and that while it may be amended or repealed by an act of parliament passed or adopted in like manner it shall not be amended or repealed as respects any state by an act of the legislature of that state. ..... 254(1) whether an act of parliament prevails against a law of the state, no question of repeal arises; but the principle on which the rule of implied repeal rests, namely, that if the subject-matter of the later legislation is identical with that of the earlier, so that they cannot both stand together then the earlier is repealed by the later enactment, will be equally applicable to a question under art. ..... 859):'in other words, the fact that the said acts have been included in the ninth schedule with a view to make them valid, does not mean that the legislatures in question which passed the said acts have lost their competence to repeal them or to amend them. ..... even parliament is not empowered to amend or repeal the act except after following, again, the procedure prescribed by art. ..... 252 which bars the amendment or repeal of the act by any act of a state legislature. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All62
..... be caused if these parallel legislatures were constantly repealing each others law is avoided by the provisions of section 108, government of india act, 1935, which preclude the indian legislature from considering, without the previous sanction of the governor-general, any bill which repeals, amends or is repugnant to any ordinance. ..... that any conclusion about the power of the governor general to repeal an act of the indian legislature can be drawn from the provisions of sections 92 and 95, government of india act, 1935, which give the governor an express power to repeal. ..... parliament would have excluded the provincial legislature because the latter could not make a law repugnant to one made by the former but that fact is in no way relevant, as there is nothing in the government of india act, 1935, to suggest that the governor-general cannot make a law repugnant to one made by the indian legislature. ..... under section 205, government of india act, 1935. ..... are derived from the provisions of section 72 set out in schedule 9, government of india act, 1935. ..... these provisions as amended are as follows:the governor-general may in oases of emergency make and promulgate ordinances for the peace and good government of british india or any part thereof and any ordinance so made shall have the like force of law as an act passed by the indian legislature; but the power of making ordinances under this section is subject to the like restrictions as the power of the indian legislature to make laws; .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All561
..... .' of course power to make a law in respect of any matter was conferred upon one legislature or the other by the government of india act; if it was not conferred through the lists referred to in section 100, it was conferred through section 104 ..... . xxvii, had been repealed, the rules made in exercise of the powers conferred by it upon the central government continued to be in force, by virtue of the provisions of section 58(3), till 28-10-1950 when they would be deemed to have been impliedly repealed by the rules of 1950 ..... . xii amounts to operation of the ordinance and had; it been saved by section 55 (3) the vesting would have continued in spite of the repeal, but as pointed out earlier it saved only the effect of anything done or any action taken ..... . section 58 (3) contains a provision similar to that of section 55 (3) of the repealed ordinance but with the important difference that it saves not only the effect of anything done or any action taken under the repealed ordinance but also its previous operation ..... . under section 7 of the act property of an evacuee became an evacuee property regardless of whether he became an evacuee under the act or under the repealed ordinance ..... . 1, which came into force on 24-6-1949 and was repealed impliedly on 23-8-1949, on which date the administration of evacuee property (chief commissioners provinces) ordinance no .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP207; 1969MPLJ104; [1969]24STC155(MP)
..... empowered to assess, collect and enforce payment of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india and subject to any rules made under this act, assess, collect and enforce payment of any tax, including any penalty, payable by a dealer under this act in the same manner as the tax on the sale or purchase of goods under the general sales tax law of the state is assessed, paid ..... pradesh general clauses act, 1957 (which corresponds to section 6 of the central general clauses act and section 7 of the bombay general clauses act) had applied to the repeal of the madhya bharat sales tax act by the madhya pradesh sales tax act, the provision of revision contained in section 12 of the repealed act would have continued to apply in respect of an assessment made for the period when that act was in force and the revision would not have been governed by section 39 of the madhya ..... , as extended to vindhya pradesh and bhopal regions and as in force in those regions immediately before the commencement of this act, and the rajas-than sales tax act, 1954, as in force in sironj region, are hereby repealed:provided that such repeal shall not affect the previous operation of the said acts or any right, title, obligation or liability already acquired, accrued or incurred thereunder, and subject thereto, anything done or any action taken (including any appointment, notification .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR313; [2005]141STC119(P& H)
..... merits, it was pleaded that while filing the aforesaid return, it had claimed deductions on account of duty draw, back received from the government of india, as per export import policy. ..... the basis of the aforesaid pronouncement in khazan chand nathi ram's case (supra) as well as provisions of general clauses act, it has been claimed by the respondents that on the repeal of the 1973 act any right, privilege, liability or obligation under the old law is continued to be governed under the old law and, therefore, respondent no. ..... supra) by contending that the apex court in the aforesaid case was dealing with the scope of the revisional powers of the high court under section 115 of the code and under section 40 of the 1973 act, the powers of revision are very wide and therefore, according to the learned counsel no reliance could be placed upon shiv shakti coop, housing society's case (supra) but we express our inability to agree with ..... the rule that the high court will not entertain writ petition under article 226 of the constitution of india if an effective alternative remedy is available to the petitioner is not a statutory rule, but is a rule of self-imposed restraint evolved by the courts and there are well recognised exceptions to this course, some of which have been noticed ..... may now advert to the judgment of bombay high court in siemens india ltd. v. ..... of india and ..... support of this argument, shri jaswant singh relied on the judgment of siemens india ltd. v. ..... & roof company (india) lid. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC740; JT1987(4)SC476; 1987(2)SCALE1097; 1988Supp(1)SCC30; [1988]1SCR1034
..... case, the whole legislative process termed 'substitution'proved to be abortive in as much as the amending act did not receive the assent of the governor general under section 107 of the government of india act, 1935 and was thus void and ..... 1969]3scr40 the court observed that the mere use of the word 'substituted does not ipso facto or automatically repeal a provision until the provision which is to take its place is constitutionally permissible and legally ..... p. 474:where an act passed after 1850 repeals wholly or partially any former enactment and substitutes provision for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into operation.and observed:we do not think that the word substitution necessarily or always connotes two severable steps, that is to say, one of repeal and another of a fresh enactment even if ..... in the case of a legislative enactment, there would be no repeal of an existing law unless the substituting act or provision has been validly enacted with all the required ..... they have recognised that frequently an act purporting to be an amendment has the same qualitative effect as a repeal - the abrogation of an existing statutory provision -and have therefore applied the term 'implied repeal' and the rules of construction applicable to repeals to such amendments ..... the learned author makes the following statement of law:the distinction between repeal and amendment as these terms are used by the courts .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; [1986]1SCR479; 1986(2)LC301(SC)
..... the assent of the governor-general under section 107 of the government of india act, 1915, it was void ..... the assessees contended that as the original explanation ii was validly repealed by the amending act of 1949 and as no valid substitution of the repealed provision had taken place, only the repeal survived with the result that neither the old explanation ii nor ..... . under section 8(1) of the general clauses act, 1897, where the said act or any central act or regulation made after the commencement of the said act, repeals and re-enacts, 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 are, unless a different intention appears, to be construed ..... . it could not be inferred that, what was intended was that, in case the substitution failed or proved ineffective, some repeal, not mentioned at all, was brought about and remained effective so as to create what may be described as a vacuum in ..... us in support of the contention that when an act or a statutory provision is struck down by the court, the act or the statutory provision which had been repealed by such act or the statutory provision does not revive ..... the ground that schedule i as substituted by the 1975 notification having been substituted by a new schedule 1 by the 1979 notification, such substitutions amounted to a repeal of schedule i as notified by the 1975 notification and a re-enactment of schedule i by the 1979 notification .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1997)ACC586; AIR1997SC2013; JT1997(4)SC561; 1997(3)SCALE484; (1997)9SCC450; [1997]3SCR813
..... 2 scr 63, where the validity of levy of entertainment tax under entry 50 in schedule vii of the government of india act, 1935 was under consideration. ..... that the general law does not derogate from a special one and applying the said principle the motor vehicles taxation act being a special act dealing with levy of tax on motor vehicles the later law, namely, the municipalities act cannot be said to have repealed the earlier provisions of the taxation act and on the other hand, it must be presumed that the situation was intended to continue to be dealt with by the specific provision contained in the ..... taxation act rather than the later general provisions contained in the municipalities act and, therefore, the high court was fully justified in coming to the conclusion that ..... in this connection it was held by this court:there is a manifest repugnancy between the provisions of the ordinance and of section 23a of the act and it must be taken that there is a implied repeal of section 23 of the act to the extent of that repugnancy created by section 3 of the ordinance and so long as the ordinance remain in force.13. .....
Tag this Judgment!Court : Delhi
Reported in : 1992LC328(Delhi); 1993(64)ELT23(Del)
..... be useful to reproduce an abstract from the object of the repealing act, 1938 :- 'the acts now contained in the nine published volumes entitled 'unrepealed general acts of the india legislature' have recently been subjected to considerable textual modification by the government of india (adaptation of indian laws) order, 1937, made in pursuance of section 293 of the government of india act, 1935. ..... then, section 3 of the government of india (adaptation of indian laws) order, 1937, issue under section 293 of the government of india act, 1935, provided as under ..... section 293 of the government of india act, 1935, provided as under :- ..... acts which have, by virtue of the government of india (adaptation of indian laws) order, 1937 ceased to have effect are now formally repealed ..... what is the use of the official gazette which is lying in the printing press of the government of india or any government department and is not made known to the public who are to be affected by such ..... - authoritative texts in hindi (other then such texts, published in section 3 or section 4 of the gazette of india) of general statutory rules & statutory orders (including bye-laws of a general character) issued by the ministries of the government of india (including the ministry of defense) and by general authorities (other than administration of union territories). ..... other enactments are included which are either themselves repeals or are enactments the effect of which is spent, such as excess profits duty act, 1919. .....
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