Judgment Search Results Home > Cases Phrase: repealing and amending act 1960 section 5 effect of repeal of amending enactment Court: uttaranchal Page 1 of about 4 results (0.149 seconds)

Prashant Jaiswal and ors. Vs. State of Uttarakhand and ors.

Court : Uttaranchal

..... the repealing and amending act, 2001 does not just repeal the motor vehicles (amendment) act, 1994 but this repealing and amending act, 2001 vide section 2 read with its first schedule has repealed about 300 enactments. ..... 54 of 1994 is protected by the saving clause in the repealing and amending act, 2001 namely section 4, as referred above as it states that 'the repeal by this act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to'. ..... we have seen that the repealing and amending act, 2001 is just not repealing act of the motor vehicles (amendment) act, 1994 but the repealing and amending act, 2001 has repealed about 300 enactments. ..... the repealing and amending act, 2001, therefore, has no effect on the parent act which together with the amendments remain unaffected.10. ..... the state of delhi [now delhi administration] : air 1960 sc 89 [v 47 c 15] has held that the purpose of repealing and amending act is to strike out the unnecessary acts and excise dead matters from the statute book in order to lighten the burden of ever increasing spate of legislation and to remove confusion from the public mind.12. .....

Mapex India (P.) Ltd. Vs. Himalayan Gold Beverages (P.) Ltd. and anr.

Court : Uttaranchal

Reported in : 2003(1)AWC840b(UHC)

..... as has been made effective from 1.7.2002 and the earlier analogous proviso to said section as applicable to the state of uttaranchal and also the abovementioned repeal and savings clause of the amended act, 2002, the contention of the learned counsel for the respondent no ..... section 16 of the amendment act, 2002 pertaining to the repeal and savings reads as under :'(1) any amendment made, or any provision inserted in the principal act by a state legislature or high court before the commencement of this act shall, except in so far as such amendment or provisions are consistent with the principal act as amended by this act stand repealed.'7 ..... as it now stands after amendment with effect from 1.7.2002 reads as under :'revision (1)..................provided that the high court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order ..... case which has been decided includes any order made in the course of a suit or other proceeding and since the impugned order rejecting the application for amendment is an order made in the course of a suit, it falls within the expression 'any case which has been decided' calling for its examination by the court under revisional jurisdiction as contemplated under section 115, c.p.c. ..... learned counsel on behalf of defendant-respondent put in appearance and resisted the admission of the revision on the plea that by virtue of the amended section 115. c.p.c. .....

Baikunth Nath Kaushik Vs. Anand Swaroop Kaushik (Deceased) and ors.

Court : Uttaranchal

Reported in : 2006(3)AWC2547(UHC)

..... -(1) 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 provision of a former enactment, then 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.in ram sanehi v ..... board of revenue 2004(97) rd 119, that the provision to section 100 of code of civil procedure, 1908, as amended by act no. ..... zamindari and land reforms act, 1950, shall be deemed to have been substituted after the amendment made in section 100 of the code of civil procedure and, therefore, section 100 of the code of civil procedure as amended w.e.f. ..... also, on further amendment like repeal of section 100 of code of civil procedure, 1908, section 331(4) of u.p. ..... 1 of 1951 but at the same time the amendments made in section 100 of the code has no effect after the commencement of u.p. ..... chand 1998(3) awc 2347 (sc) : 1998(89) rd 623, are concerned, it is sufficient to mention here that in these cases, the only point interpreted by the supreme court is that where the amended section 100 of the code of civil procedure, 1908 is applicable, what the substantial question of law means and how much necessary is it to'' formulate the same.11. ..... of 1969), the apex court has held that substituted/amended section 100 of code of civil procedure, 1908, does not affect the provisions of section 55 of aforesaid act no. .....

Eveready Industries India Ltd. Vs. State of Uttarakhand and ors.

Court : Uttaranchal

Reported in : (2008)17VST18(NULL)

..... it was stated that the act has been repealed by the vat act with effect from october 1, 2005 and the exemptions stood discontinued in view of the bar created under section 80(13) of the vat act.9. ..... it was further stated that in view of the provisions of section 80(15) read with section 76(6)(b) of the vat act it is absolutely clear that after the enactment of vat act in uttaranchal, exemption under section 4a of the act to the existing units holding eligibility certificate which were granted exemption prior to november 9, 2000 shall be entitled to exemption for the remaining period of eligibility certificate.11. ..... in respect of any sale or purchase of any goods granted under any provisions of the repealed act or, as the case may be, the repealed ordinance or rules made or notifications issued thereunder, shall not be admissible in respect of purchase or sale of any goods on or after the date of commencement of this act unless the state government has already allowed such facility to continue under the relevant provisions of the repealed ordinance, and in such case the facility shall continue until repealed or amended by the state government. .....

Dr. Smt. Pushp Lata Bisht W/O Sri Khimraj Singh Bisht, Assistant Teach ...

Court : Uttaranchal

..... section 5 of uttaranchal non governmental education (amendment and repeal) act, 2005 [uttarakhand act ..... intermediate education act, 1921, was repealed also contains analogous provision in its section 40 and the same need not to be ..... of 2005 (uttaranchal non governmental education (amendment and repeal) act, 2005).2. ..... thus, there is no necessity for quashing of the impugned order as the same could not be given effect to and further that in view of the fact that sri govind singh has already been regularized on the post of lecturer, the order dated 1.1.1993 is ..... approval was also granted by the district inspector of schools to the said appointment therefore, the termination order dated 01.01.1993 could not be given effect to because sri govind singh has challenged the same before the allahabad high court and the allahabad high court has stayed the order passed by the principal, thus the petitioner is entitled to get the benefit of the act. no. ..... grade teacher, hut the reversion order was challenged by sri govind singh before the high court and the high court had stayed the impugned order. ..... the petitioner has confined her prayer to provide her benefit under section 5a of act no. ..... benefit to the petitioner under section 5 of uttarakhand act no. ..... heard learned counsel for the parties and perused the affidavit, counter affidavit, supplementary counter affidavit and rejoinder affidavit filed on their ..... services of govind singh on the post of lecturer were regularized with effect from 07.08.1993. .....

State of Uttarakhand and anr. Vs. Ski and Snow Resorts Pvt. Ltd.

Court : Uttaranchal

..... the provisions of the upza & lr act has been adapted in the kuza act by incorporation and, consequently, only those provisions which were initially incorporated by section 47 and 52 of the kuza act are only made applicable to the kuza act and that any subsequent amendment or insertion of a new provision made in upza & lr act would not automatically apply to the areas governed under the kuza act unless a special provision was made in the amending act indicating that the said provision would also ..... rejected by the supreme court and it was held that it was a case of incorporation and not reference and that the definition in section 2(18) of the motor vehicles act, 1939, as then existing, was incorporated in section 2(c) of the taxation act and neither repeal of the motor vehicles act, 1939 nor any amendment in it would affect the definition of 'motor vehicle' in section 2(c) of the taxation act.20. ..... the former case a modification, repeal or re-enactment of the statute that is referred will also have effect on the statute in which it is referred; but in the latter case any change in the incorporation statute by way of amendment or repeal has no repercussion on the ..... judge, while quashing the proceedings held that section 157b of the upza & lr act was not applicable to the land which was situated in auli in district chamoli, which was governed by the provisions of the kumaun and uttarakhand zamindari abolition and land reforms act, 1960 (hereinafter referred to as kuza act). .....

Shri Mahendra Lal Jaini (Since Deceased Jinendra Lal Jain, Gyanendra K ...

Court : Uttaranchal

..... the present enactment in question is passed only after constitution (4th amendment) act 1955, and constitution (17th amendment) act 1964, were effective from 27.04.1955 and 20.06.1964, ..... even before that article 31(2) was amended by the parliament by the constitution (4th amendment) act of 1955, and new clause 2a was inserted which provided that 'no property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for compensation for the property so acquired or requisitioned and either fixes the amount of compensation or specifies the principles on which and the manner in which, the compensation is to be determined and given; and no such law shall be called in question ..... is needless to mention that article 31 now stands repealed vide constitution (44th amendment) act, 1978 w.e.f. ..... lease and transactions made or registered after the appointed date to be void-ab-initio:notwithstanding anything contained in any law or contract to the contrary- (1) a lease of land by an intermediary either granted or registered on or after appointed date shall be and is hereby declared null and void from the date of execution, and the lessee (irrespective of whether he obtained delivery of possession, before or after the appointed date, either in pursuance or in anticipation of such lease) shall for purpose of section 180 of the ..... 81 of 1960, and the same too was dismissed by the sessions judge, vide his judgment and order dated .....

Pooran Chandra Lohani S/O Sri Jai Dutt Lohani Vs. Kailash Chandra Chil ...

Court : Uttaranchal

Reported in : AIR2010Utr3

..... (amendment) act, 1976 provides that any amendment made, or any provision inserted in the principal act by a state legislature or a high court, before the commencement of this act, shall, except in so far as such amendment or provision is consistent with the provision of principle act as amended by this act, stand repealed. ..... as inserted by allahabad high court amendment and the explanation attached thereto will have no application after the code of civil procedure (amendment) act, 1976, came into force? ..... where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the furtherprogress of the suit, for which time has been allowed, [the court may, notwithstanding such default, - (a) if the parties are present, proceed to decide the suit forthwith; or(b) if the parties are, or any of ..... (amendment) act 1976, came into force ..... the plain reading of allahabad amendment framed and incorporated under section 122 of the code w.e.f. ..... 28.05.1943) (framed under section 122 of the code), reads as under:where the evidence, or a substantial portion of the evidence, of any party has already been recorded and such party fails to appear on such day, the court may in its discretion proceed with the case as if such party were present, and may dispose of it on the merits ..... combined effect of the explanation to rule 2 and rule 3 is that a discretion has been conferred on the court ..... if so, its effect?5. .....

Sardar Abdul Wahid Khan Vs. District Judge Dehradun and Others

Court : Uttaranchal

..... after commencement of waqf act, 1995, uttar pradesh muslim waqf act, 1960 stood repealed and the provisions of waqfs act, 1995 shall be applicable all ..... in question has been registered under the provisions of uttar pradesh muslim waqf act, 1960 as amended by act no. ..... it is asserted that as per the section-29 of the act, every other waqf, subject to this act or not or whether created before or after the commencement of this act, shall be registered at the office of the board and section 29 (8) provides limitation of ninety days for filing the suit before the tribunal and under section 49 (a) of the act, transfer of property by way of sale, mortgage or exchange ..... learned counsel for the respondent no.4 then contended that the undue reliance of the petitioner on section 3 (r) of the act is unwarranted inasmuch, illogical in view of the fact that this act clearly states that waqf means the permanent dedication by a person professing islam of any movable and immovable property for any purpose recognized by the muslim law as pious, religious or charitable and includes a waqf al-al-aulad to the extent to which the property is dedicated for any purpose ..... waqf board also filed its counter affidavit with the averment that present waqf has been registered under the provisions of uttar pradesh muslim waqf act, 1960, as amended by act no. ..... of paragraph-9 of the said judgment is reproduced below :- the parliament has enacted waqf act to provide for better administration and supervision of waqfs. .....

indra Singh Vs. State of U.P. and ors.

Court : Uttaranchal

Reported in : AIR2007Utr24

..... the state of uttar pradesh after the aforesaid full bench decision, brought an ordinance on 23-10-1991 which was made effective from 1-11-1991 under which clause-e was added in sub-section (16) of section 2 of indian stamp act and thereby included the agreement which was to be executed under rule 29 of the minor minerals (concession) rules, 1963 within the meaning of word 'lease'.after the enforcement of this ordinance, the impugned recovery notices ..... the authorities have fell into error not treating the ordinance to be retrospective and in demanding the stamp duty as per amendment made by the ordinance which has been repealed by an act subsequently.thus, the notices suffer from manifest error of law and are liable to be set aside the notices are accordingly set aside. ..... away the produce of the land.the full bench further held that the right under the instrument merely permits the party to dig, excavate, scrape, collect and take away the sand or morum from the river bed or from the banks of the river and there is no right conferred under the deed to the party in respect of the land on which the sand lay. ..... 1st november, 1991 by adding clause (e) in sub-section (16) of section 2 of the indian stamp act, which also included the agreement, which has to be executed under rule 29 within the meaning of the word 'lease' shall not apply in the case of the ..... of the petitioner is that the deed having been executed on 23rd september, 1991 and therefore, the subsequent amendment w.e.f. .....