Judgment Search Results Home > Cases Phrase: repealing and amending act 1960 section 5 effect of repeal of amending enactment Page 6 of about 3,153 results (0.303 seconds)

Mahesh Housing Co-operative Society Ltd. Vs. State of West Bengal and ...

Court : Kolkata

Reported in : 2004(1)CHN10

..... ge(m)dated, the 18th september, 2003.in exercise of the power conferred by sub-section (2) of section 1 of the west bengal land reforms (amendment) act, 2003 (west bengal act 18 of 2003) (hereinafter referred to as the said act) read with sub-section (3) of section 1 of west bengal land reforms act, 1955 (west bengal act 10 of 1956), the governor is pleased hereby to appoint the 1st day ..... said notification, it appears that the governor was pleased to appoint 19.10.2003 as the date with effect from which each of the provisions of the said amending act except clause (a) of sub-section (2) of section 6 shall come into force. ..... the learned counsel for the petitioner in combating the said argument submitted that under sub-section (2) of section 1 of the said amending act, it has been provided that the said amending act shall come into force on such date as the state government may by notification in ..... the ceiling of the said society was determined as 7 standard hectares corresponding to about 24.22 acres of land, the said 24.22 acres of non-irrigated land in terms of provisions of section 14m(i)(e) of the said act was allowed to be retained and in respect of the remaining land, namely about 102 acres, an order of vesting was passed as it was held that the said area was beyond the ceiling limit of the ..... the observation of lord morris is to the effect that under some repealed enactments, a right has been given but in respect of that right, some investigation ..... , reported in : [1960]3scr578 . .....

Jethabhai Ratanshi Lodaya Vs. Manabai Jethabhai Lodaya

Court : Mumbai

Reported in : AIR1975Bom88; (1974)76BOMLR304

..... . these provisions have however been repealed and instead section 13(1a) has been enacted which gives a right not only to the party in whose favour the decree for judicial separation or restitution of conjugal rights has been passed, but also to the other party against whom such decree has ..... by the same amending act of 1964 which introduced sub-section (1a) in section 13 clauses (viii) and (ix) of section 13(1) of the act were deleted but it is appropriate to set out section 13(1) before the amendment and it reads as follows:-'13 (1) any marriage solemnized, whether before or after the commencement of this act on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party - (i) is living in adultery : or (ii) has ceased to be a hindu by conversion to another religion: or (iii) has been incurably of unsound k mind ..... . it is significant that the learned commendatory of mulla's hindu law 13th edition at page 647 has made the following observation as to the effect of a decree for judicial separation under the hindu marriage act, 1955:-'a legal or judicial separation permits the parties to a marriage to live apart sub-section (2) in terms states that where a decree for judicial separation has been passed it shall no longer be obligatory for either party to cohabit with the other ..... (see section 5 of the said act of 1895 now reenacted in section 2(1) (a) of the matrimonial proceedings (magistrates courts) act 1960. .....

Vijaya Irappa Kattimni Vs. State of Maharashtra, Through Its Secretary ...

Court : Mumbai

Reported in : 2004(4)ALLMR729; 2005(1)BomCR829; 2005(1)MhLj194

..... of tamil nadu, : [1985]2scr398 , a similar provision contained in section 29 of the tamil nadu buildings (lease and rent control) act, 1960 was held to be intravires. ..... a public charitable trust registered under the bombay public trust act, 1960 and is administered by the solapur municipal corporation. ..... bra-2000/cr.729(8) (xii)-in exercise of the powers conferred by clause (ii) and (iii) of sub-section (2) of section 4 of the bombay rents, hotel and lodging house rates control act, 1947 (bom lvii of 1947), the government of maharashtra hereby directs that with effect from the date of publication of this notification in the official gazette, all the provisions of part ii of the said act shall not apply generally to the properties specified in the schedule hereto belongs to bhavaniram dharamshala trust, situated at ..... is, therefore, manifest that if th legislature considered in its wisdom to confer certain rights or facilities on the tenants, it could due to changed circumstances curtail, modify, alter or even take away such rights or the procedure enacted for the purpose of eviction and leave the tenants to seek their remedy under the common law.'8. ..... if the legislature had thought it fit to repeal the entire act, could the tenant have claimed any such ..... claimed is right to be governed by the act prior to its amendment. ..... haryana, : [1986]1scr74 the supreme court observed:'the argument that the tenants have acquired a vested right under the act prior to the amendment is without substance. .....

Rajan Bus Service Pvt. Ltd. Vs. Parhalad Chand Sharma and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ804

..... in the appeal was that the award was contrary to the provisions of sections 140 and 141 of the motor vehicles act, 1988, as section 140 of the motor vehicles act, 1988, stands amended from 14.11.1994 and therefore, the provisions of the amended act should have been given retrospective effect. ..... contention of the learned counsel that the provisions of the 1988 act and also amendment act of 1994 shall be made retrospectively applicable in the instant appeals shall ..... upon the policy of insurance which had been issued in conformity with the liability imposed under section 95(2) of the motor vehicles act which was in force on the date of issue of the policy or whether the liability of the insurance company was according to the amended provisions which had come into force before the date of accident and during the period when the insurance policy issued earlier was in force. ..... view taken is that unless the new act expressly or by necessary implication makes the provision applicable retrospectively, the right to appeal will crystallise in the appellant on the institution of the application in the tribunal of first instance and that vested right of appeal would not be dislodged by the enactment of the new act. ..... (sc), a question before the supreme court was whether right of appeal accrued to a claimant under the motor vehicles act, 1939, on the institution of a claim application in the motor accidents claims tribunal, notwithstanding its repeal by the motor vehicles act, 1988. ..... 1960 sc 980 and .....

Ahmedbhai Abdulkadar and ors. Vs. the Custodian of Evacuee Property an ...

Court : Gujarat

Reported in : AIR1971Guj181

..... even this act was subsequently amended by the administration of evacuee property (amendment) act 1 of 1960 as from 27th february, 1960. ..... 'the effect of section 8(2a) is that what purported to have vested under section 8 (2) of ordinance xxvii of 1949 and which is to be deemed to be vested under section 8 of the act which repealed that ordinance, notwithstanding any invalidity in the original vesting or any decree or order of the court shall be deemed to be evacuee property validly vested in the custodian and any order made by the custodian in relation to the property shall be deemed to be valid. ..... before taking up the discussion on the legal impact of the insertion of sub-section (2a) in section 8 of the act, it would be necessary to state shortly how different enactments as regards the administration of evacuee property were successively repealed by ordinances and acts. ..... law or any judgment decree, order of any court, be deemed for all purposes to have validly vested in that person, as if the provisions of such law had been enacted by parliament and such property shall, on the commencement of this act, be deemed to have been evacuee property declared as such within the meaning of this act and accordingly, any order made or other action taken by the custodian or any other authority in relation to such property shall be deemed to have been validly .....

Shri N.B. Dhargalkar Vs. Suvarna Industries by Its Sole Proprietor

Court : Mumbai

Reported in : 1996(5)BomCR52

..... equator of the provision of section 6 of the general clauses act which, inter alia, provides that whether the said act or any central act or regulation made after the commencement of the act, repeals any enactment made or to be made, then, unless a different intention appears, the repeal shall not affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment and any ..... . the case related to an amendment of section 26 of the civil courts act brought about by the goa, daman and diu civil courts (amendment) act, 1987 ..... . the supreme court observed that the same principle is embodied in section 6 of the general clauses act and then held that the effect of the application of this principle is that pending cases, although instituted under the old law but still pending, are governed by the new procedure under the amended law, but whatever procedure was correctly adopted and concluded under the old law cannot be opened again for the purpose of applying the new procedure ..... . 237 and (in re vernazza), 1960 a.c ..... . janardan ramchandra kulkarni and others, : [1960]3scr85 .....

The Bihar Agriculture Marketing Board Employees Association Through It ...

Court : Patna

..... (a) that the impugned act has been enacted without application of mind and a colourable piece of legislation because the bihar agriculture produce market act, 1960 (hereinafter referred to as 'the act of 1960') had been tested and upheld by the hon'ble supreme court as a reasonable restriction on freedom of marketing agriculture produce but before repealing that act of 1960, no enquiry has been made into the necessity of change in legislative policy in furtherance of which act of 1960 had been enacted indicating that the repeal act has been enacted without application of mind ..... the amendment act failed in its entirety not affecting the existing law.we are not faced with like situation where the repeal is by the methodology of enacting a law substituting the old one. ..... .it was also contended by the learned counsel appearing for the petitioners that the amendment act is unreasonable for the reason that it does not spell out any object for the purpose for which the repeal was being enacted inasmuch as no preamble has been provided to the act and it has also been urged in that connection that with regard to the aims and objects following statement has been made:foi.ku i'kzn~ rfkk cktkj lfefr;ks dk xbu ..... it is implicit in it that until the employees of the board / committees / samitis continue to be governed by existing terms and conditions, the existing rules under act, 1960 will continue and same shall cease to be effective on the coming into force the scheme framed under section 6(1). .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... , the constitution was uncontrolled and could be amended by an act in the manner prescribed for enacting ordinary laws, and therefore, a subsequent law inconsistent with the constitution would pro tanto repeal the constitution;secondly-(2) a constitution largely or generally uncontrolled may contain one or more provisions which prescribe a different procedure for amending them than is prescribed for amending an ordinary law, in which case an ordinary law cannot amend them and the procedure must be strictly followed if the amendment is to be effected;thirdly-(3) implications of limitation of power ..... . the canadian bill of rights assented to in 1960 in section 2 states that every law of canada shall unless it is expressly declared by an act of parliament of canada that it shall operate notwithstanding the canadian bill, of rights be so construed and applied as not to abrogate, or infringe or authorise abrogation abridgement or infringement of any of the rights of freedom recognised and declared ..... ". however, section 6a provides that where any central act repeals any enactment by which, the text of any central act was "amended by express omission, insertion or substitution of any matter" the repeal unless different intention appears, shall not affect the continuance of "any suck amendment made by the enactment so repealed" and in operation at the time of such .....

Mohan Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1979All170

..... government of india act, 1833.the whole act, except section one hundred and twelve.the effect of this repeal was that the government of india act, 1833 was repealed in its entirety except section 112 which ran as under :--'the island of saint helena, and all forts, factories, public edifices, and hereditaments whatsoever in the said island, and all stores and property thereon fit or used for the service of the government thereof, shall be vested in his majesty, and the said island ..... the british statutes (application ot india repeal act, 1960 had repealed only those british statutes which were ..... continued to be tie law in force in india even after the enforcement of the british statutes (application to india) repeal act, 1960 (act no. ..... law enactment under a constitution act does not lose its vitality and would continue even though there may be repeal of parts of the constitution act under which it was enacted so long as the law is not inconsistent with the constitution act as it emerges after the amendment and repeal of ..... shall be governed by such orders as his majesty in council shall from time to time issue in that behalf.the next provision dealing with this statute is contained in the british statutes (application to india) repeal act 1960.'4. .....

Adhunik Alloys and Power Ltd. and ors. Vs. Union of India (Uoi) and or ...

Court : Jharkhand

Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]

..... withdrawing the proposal of the petitioners for approval under section 5(1) of the mines and mineral (regulation and development) act, 1960 (in short 'act of 1960') and also withdrawing the application of the petitioners for grant of mining lease of iron ore in different areas of mouza ghatkuri in west singhbhum district for captive consumption of its integrated steel plant in the state of jharkhand and further for a direction prohibiting the state government from ..... submitted that even if the state had the power to reserve any area for exploitation by public sector undertaking, the said notification became nonest and stood repealed after the rule 58 was omitted by amendment act of 1987 which has no saving clause. ..... has been revoked under sub-rule (1) of rule 15 or sub-rule (1) of rule 31; or (d) in respect of which a notification has been issued under sub-section (2) or sub-section (4) of section 17; or (e) which has been (reserved by state government) under rule 58, [or under section 17a of the act shall be available for grant unless- (i) an entry to be effect that the area is available for grant is made in the register referred to in sub-rule (2) of rule 21 or sub-rule (2) of rule 40, as the ..... a repeal by implication for the reason that the legislature while enacting law or the authority framing the rule has a complete knowledge of the existing laws on the same subject matter and therefore when it does not provide a repealing provision, it gives out an intention not to repeal the .....