Judgment Search Results Home > Cases Phrase: repealing and amending act 1960 section 5 effect of repeal of amending enactment Page 1 of about 3,153 results (0.320 seconds)

Bishnu Deo Narayan and Ramesh Narayan Both Sons of Late Raghu Nath Nar ...

Court : Patna

..... state law and to the extent of repugnancy or contradiction the bihar amendment of 1960 stood impliedly repealed.6. ..... respondents including the state of bihar is that section 17 of the land acquisition act, 1894, after the bihar amendment act of 1960, was again amended by the parliament through amendment act 68 of 1984 and that amendment in respect of subject of land acquisition which is in concurrent list was within the power of legislation available to the parliament and has superseding effect under article 254(2) of the constitution of india and to the extent of repugnancy between the bihar amendment act of 1960 and amendment act 1 of 1894 by the parliament, the law enacted by the parliament shall prevail over the .....

Prem Lata Devi Vs. State of Bihar and ors.

Court : Patna

..... plea with regard to section 4( 1) of the act and by a majority decision came to hold that the amendment introduced in section 4( 1) of the central act (by act 68 of 1984) did not have the effect of repealing the provision substituted by the bihar amendment of 1960 in place of section 4( 1). ..... of bihar the collector still had the legal authority to lake the decision on the objections filed under section 5a(1) of the act even after the amendments introduced in section 5a(2) by the amending legislations enacted by the parliament in 1967 and 1984? ..... applying the aforesaid tests and the principles it has now to be seen whether the bihar amendment act (act xx of 1961) and the central amendment (act 68 of 1984) are repugnant to each other inasmuch as the two enactments are so irreconcilable that they cannot stand together or whether they operate in the same field and there is possibility of both ..... the later parliamentary enactments, in 1967 and 1984, introduced some marginal amendments in section 5a(2) without in any manner touching upon the authority of the appropriate government ..... later the parliament enacted act 13 of 1967 substituting the following words in sub-section (2) of section 5a : 'either make report in respect of the land which has been notified under section 4, subsection (1) or make different report in respect of different parcels of such land, to the appropriate government, containing his recommendations on the objections, together with the record of the proceedings held by .....

Controller of Estate Duty Vs. N.A. Merchant

Court : Gujarat

Reported in : [1975]101ITR270(Guj)

..... in order to appreciate the legal position, we may point out that section 59 was freshly enacted by the estate duty (amendment) act, 1958 (act 33 of 1958), and came into force with effect from july 1, 1960. ..... in 1958, the government suggested that certain amendments should be made to the estate duty act and bill was introduced in parliament but the passage of the bill through parliament took considerable time and it was only on july 1, 1960, that the amending act, by which section 59 was brought on the statute book for the first time, came into force. 3. ..... it was held by the bombay high court that the amended section 59 was not applicable to the case in as much as amending acts as a rule, have no retrospective effect, m and cannot affect vested rights. ..... authorities cited before us, we would like to point out that an analysis of the provision of section 62 as it stood before the amendment and section 59 which was introduced by the amendment act discloses the following factors : under old section 62, power was vested in the controller, if, after the determination of the estate duty payable in respect of any estate, it appeared to him that, by reason (1) of mistake apparent from the record, or (2) of any mistake in the valuation of inappropriate in any ..... a group of sections, sections 56 to 65 as they stand on the statute book today, was substituted in place of old sections 56 to 65 by this amendment act of 1958, and the originally enacted section 62 was repealed by the amendment act. .....

Rashtriya Mukti Morcha, Through Its President, Ravinder Kumar Vs. Unio ...

Court : Delhi

Reported in : 137(2007)DLT195

..... citizenship amendment act, 1957 was enacted, thereafter came the repealing and amending act, 1960, thereafter the citizenship amendment act, 1985 where in order to give effect to certain provisions in the memorandum of settlement relating to the foreigners issue in assam (assam accord), the citizenship act was amended. ..... parliament consciously as per the amending act 65 of 1985, section 6a(4) laid down that although a person falling in that category shall be a citizen but will not be entitled to have his name included in any electoral roll for any assembly or parliamentary constituency before expiry of the said ..... by the said amending act in 2003 the parliament in its wisdom laid down section 7b in the following terms:7b. ..... after section 6, section 6a was inserted by the amendment act. ..... court;(e) under article 217 of the constitution for appointment as a judge of the high court;(f) under section 16 of the representation of people act, 1950 in regard to registration as a voter;(g) under sections 3 and 4 of the representation of people act, 1951 with regard to the eligibility for being a member of the house of the people or of the council of states, as the case may be;(h) under sections 5, 5a and 6 of the representation of the people act, 1951 with regard to the eligibility for being a member of the legislative assembly or a legislative council .....

Vithalrao Ramchandra Ghorpade Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1972)74BOMLR523; 1972MhLJ841

..... under article 309 of the constitution, rule 161 of the bombay civil services rules was amended with this object by notification dated september 21, 1970, the government proceeded to give effect to the said rule and some of the government servants so affected had challenged the validity of the amended rule, among others, on the ground that it involved change in the conditions of service, without complying with section 115(7) of the states re-organisation act of 1956 and section 81(6) of the bombay re-organisation act, 1960. ..... government then moved the central government for the necessary approval, as required under those enactments, and repealed the notification dated september 21, 1970 and amended rule 161 afresh by a fresh notification dated april 26, 1971. ..... is next contended that the bombay civil services (7th amendment) rules, 1971 covering rule 161(c-1) is invalid inasmuch as the previous approval of the central government is not duly obtained as required under section 115(7) of the states reorganisation act, 1956, and section 81(6) of the bombay reorganisation act, 1960. ..... involving the above change in the conditions of service were conveyed to the central government by the letter dated october 7, 1969 soliciting its approval under section 115(7) of the states reorganisation act, and the central government did convey its approval by its letter dated march 16, 1970, after which rule 161 was amended incorporating the above proposals by a notification dated september 21, 1970. .....

K.C. Javaregowda Vs. State of Karnataka and ors.

Court : Supreme Court of India

..... contained in the preceding rules, in respect to the substitution of rules 41 to 43-m by the new rules 41 to 43-l by rule 2 of these rules and the submission of appendix 'n' by rule 3 of these rules, the provisions of section 6 of the mysore general clauses act, 1899, shall be applicable as if the said rules 41 to 43-m and the said appendix 'n' were an enactment and had been repealed by a mysore act, and accordingly appendix 'n' were an enactment and had been repealed by a mysore act, and accordingly the said rules and appendix shall for the purposes mentioned in section 6 of the said act be deemed to continue in force.'7. ..... learned counsel for the appellant contended that originally under rule 43(g) of the mysore land revenue (amendment) rules, 1960 there was total restraint on alienation and the said rules were amended on 10th may, 1960 and by virtue of the amended rule 43(g), the period of restraint of alienation in respect of any land given as per the mysore land code was fixed at 15 (fifteen) years. ..... if the savings clause in mysore land revenue (amendment) rules, 1960 is read in conjunction with section 6 of the mysore general clauses act 1899, it is clear that the provision contained in clause (4) of rule 43(g) will not have any application in respect of any transaction effected under the earlier mysore land revenue rules.10. .....

Kanianwali Co-operative Farming Society at Kanianwali Through Its Secr ...

Court : Punjab and Haryana

Reported in : AIR1970P& H157

..... i would, therefore, hold:--(i) that the retrospective amendment of section 19-e with effect from july 30, 1958, makes the provisions of that section subject to section 10-a of the act right from the first day when section 19-b was enacted; (ii) that at no time was section 19-b independent of and not subject to the provisions of section 10-a; (iii) that the expression 'this act' in section 19-b (unamended as well as amended) has reference to the principal act of 1953, and not to any subsequent amending legislation; (iv) that the controversy about the deci-sion of this court in bhalle ram's case, 1962-64 pun ..... the punjab tenants (security of tenure) act (22 of 1950), as amended by the punjab tenants (security of tenure) amendmentact, 1951 (president's act 5 of 1951) was repealed and replaced by the punjab security of land tenures act (10 of 1953) (hereinafter called the principal act), on and with effect from april 15, 1953. ..... states of madras & kerala, air 1960 sc 1080, that statement of objects and reasons for passing a law may be referred to for the purpose of ascertaining the conditions prevailing at the time the bill was introduced and the purpose for which the amendment introduced by the bill in the previous act was made. ..... 1051 of 1960 (punj. ..... 1342 of 1960 re: bhalle ram v. .....

G.S. Chooramani and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1969All43

..... amendment) act, 1959 repealed and re-enacted sections 2 and 3 of the government grants act, 1895. ..... was as if the 1959 act had never been enacted.sub-section (3) of section 2 after its amendment in 1960 was as follows:'(3) certain leases made by or on behalf of the government to take effect according to their tenor--all provisions restrictions, conditions and limitations contained in any such creation, conferment or grant referred in section 2, shall be valid and take effect according to their tenor any decree or direction of a court of law or any rule of law, statute or enactment of the legislature to the contrary notwithstanding: provided that nothing in this section shall prevent, or be deemed ..... nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such act, regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force,'the 9th schedule at present has 64 entries. ..... section 3 of the 1960 amendment act repealed the amending act 9 of 1959 with effect from the date of its enforcement. ..... the 1959 act was deemed to have been so repealed as if it has no force or effect at any time whatsoever. .....

P.M. Sajan Vs. The Land Acquisition Officer Special Tahsildar and Othe ...

Court : Kerala

..... in the aforesaid tenancy act by rajasthan tenancy (amendment) act, 1960, section 5 was amended by introducing clause 6a which defines ceiling area. ..... section 6 of the general clauses act 1897 provides that where an act is repealed, then, unless a different intention appears, the repeal shall not affect any right or liability acquired or incurred under the repeal enactment or any legal proceedings in respect of such right or liability and the legal proceedings may be continued as if the repealing act has not been passed. 20. ..... 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; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any .....

Shri Laxmi Cotton Traders Pvt. Ltd. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR1969P& H12; [1968]22STC335(P& H)

..... the objection was then limited to the power of the legislature to give retrospective operation to an enactment when, by so doing, it would prevent a law in existence at the date of the commencement of part iii, constitution act, from having its full effect up to the date of the repealing or amending act. ..... the state legislature then enacted the punjab general sales tax (amendment and validation ) act, 1960 ( punjab act 17 of 1960). ..... but laying special stress on the words 'until altered or repealed or amended' the learned counsel for the plaintiffs desired to read section 292 as containing a direction by parliament that the law then in force must in any event continue up to a specified date, namely, the date of its alteration, repeal or amendment by a later act of the legislatures in india; and, it was sought to be inferred therefrom that no later act of such legislatures can by words of retrospective operation antedate its effect so as to affect rights acquired under a previous law down ..... yet another act, the punjab general sales tax (amendment) act, 1960 (punjab act 18 of 1960) was enacted which changed the definition of the word 'purchase'. .....