Judgment Search Results Home > Cases Phrase: repealing and amending act 1960 Page 3 of about 67,574 results (0.347 seconds)

State of Gujarat and anr. Vs. Manoharsinhji Pradyumansinhji JadejA.

Court : Supreme Court of India

..... in other words, according to learned senior counsel, even as per the definition of 'land' under section 2(17) read along with the definition of "agriculture" under section 2(1) of the un-amended act of 1960, 'bid lands' were duly covered within the said expression of 'land' and the amendment act, 1974 only sought to remove any doubt in the mind of anyone as regards the character of the 'bid lands'.9. ..... ."(emphasis added)in the light of the said proposition of law laid down by the constitution bench decision of this court, it will have to be held that once the act, 1976 came to be repealed whatever constitutional embargo that was existing as against the act of 1960 as well as the amendment act of1974 ceased to exist and the act would operate in full force ..... learned senior counsel contended that once the act, 1976 stood repealed, as a corollary, the act of 1960 with all the amendments carried to it would automatically get revived and it will not become a dead letter as contended on behalf of the respondent. ..... 01.04.1976 and the definition of 'bid land' under the said amendment act of 1974 can be applied for the purpose of deciding the issue involved in this litigation ?v) whether the ratio decidendi of this court in nagbhai najbhai khackar (supra) can be applied to the facts of this case ?vi) whether the orders of the authorities under the act of 1960 impugned before the high court were hit by the principles of res judicata ?vii) what is the effect of the repealing of the .....

Kalu Ram and anr. Vs. Madho Ram and anr.

Court : Himachal Pradesh

Reported in : AIR1973HP81

..... , the learned district judge mandi disagreed with him and decreed the suit, holding that the notification of 1917 was no longer good law having been impliedly repealed by the amendments of section 15 by the amendment act of 1960.4. ..... plaintiff contended in reply that the said notification of 1917 no longer held the field because the same has been impliedly repealed by the amendments made in section 15 by the amendment act of 1960. ..... learned counsel for the plaintiff-pre-emptors argued with great insistence, that section 31 of the act of 1913 (section having been introduced by the amendment act of 1960) makes it obligatory that the right of co-sharers for pre-emption is protected and should not be taken away by the notification of 1917. ..... reply, the plaintiffs contended that section 15 of the act of 1913 has been drastically amended by the amendment act of 1960 and as such the said notification of 1917 cannot he reconciled and made to stand together with these amendments. ..... to learned counsel, to say otherwise would be to bring in a situation inconsistent with the provisions made by the amendment act of 1960 for which an embargo has been placed in section 31 as observed by v. ..... my opinion it must be held that the terms of the notification are impliedly cancelled by the amendment of the act in 1960 and that it has become a piece of dead woodwhich must be ignored. ..... to whether the notification of 1917 has in substance and effect been repealed by the amended section 15 of the act of 1913. .....

Hakim and anr. Vs. Santu and ors.

Court : Himachal Pradesh

..... 4662 of 1917 was still alive, operative and was not repealed by the amendments in the sections of punjab pre-emption act, 1960.7. ..... . it appears that for this reason the punjab pre-emption (amendment) act no, 10 of 1960 came into force so as to give a right of pre-emption to the tenants etc ..... 4662, dated 6th march, 1917, issued under section 8 (2) of the punjab pre-emption act, 1913, is still alive and operative or has been impliedly repealed by substituted and amended section 15 of the punjab pre-emption (amendment) act no. ..... . the himachal pradesh division bench in the case of kalu ram (air 1973 him pra 81') (supra) has only considered one aspect, that the numbering of the section 15 and its sub-sections in the original act and the amended act remains the same ..... . where any punjab act is repealed and re-enacted with or without modification, then unless it is otherwise expressly provided any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed act ..... . the notification of 1917 refers to the original section 15 of the punjab preemption act, 1913 and not the substituted and amended section 15 of the punjab pre-emption (amendment) act no ..... before the sub-judge, the vendees-defendants claimed that the plaintiff had no right to pre-empt the sale under the provisions of section 15 of the punjab pre-emption act of 1913 as amended by punjab act no, 10 of 1960. .....

Prem Lata Devi Vs. State of Bihar and ors.

Court : Patna

..... (a) : power of the collector to decide objections under section 5a(2) : the challenge to the collector's power is based on the plea that as a result of the amendments introduced in section 5a(2) of the central act (by act 13 of 1967 and later by act 68 of 1984) a repugnancy had arisen between the provision substituted by the bihar amendment act of 1960 in place of section 5a(2) and the amended section 5a(2) of the central act. ..... the three questions which arise for consideration on the basis of the submissions made on behalf of the petitioner can be formulated thus : (a) whether the amendments introduced in section 5a(2) by the land acquisition (amendment and validation) act (act 13 of 1967) and land acquisition (amendment) act (act 68 of 1984) will have the effect of impliedly repealing the amended section 5a(2) substituted by the bihar amendment of the year. ..... sunil kumar submitted that the land acquisition (amendment and validation) act (act 13 of 1967) introducing some amendments in section 5a(2) must be deemed to have impliedly repealed the amended section 5a(2) substituted in the central act by the bihar amendment of 1960. ..... in that case this court considered the same 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). .....

The Commissioner of Sales Tax Vs. Modern Mercantile Works

Court : Mumbai

Reported in : (1976)5CTR(Bom)372

..... it, however, does not follow that any amendment made by a consolidating and amending act in the state of the law till then prevailing has been made with any ..... on a construction of the relevant provisions of the hyderabad act and of the repealing and saving section of the finance act, 1950, the supreme court held that the word 'assessment' included not merely the assessment to tax but also the ..... before we turn to the provisions of these two sections we may as well note that though section 7 of the bombay general clauses act, 1904, which provides for the affect of a repeal, is made subject to a different intention appearing in the repealing statute, there is no such provision in section 77 of the 1959 act, and the usual clauses namely, unless there is anything repugnant in the subject or context or unless a different intention appears, is not to be found in ..... that in the context of the phrase any earlier law' in section 19(1)(a) the word 'tax' (cannot mean tax under the 1959 act, and, therefore, in clauses (a) and (b) of section 19(1) where the word 'tax' is used with reference to tax due under any earlier law, it must mean the tax due under the sales tax acts repealed by the 1959 act, but does not and cannot mean that the word 'tax' in this context would also mean penalty. ..... 76 of the 1959 act all the sales tax acts in force prior to the date of coming into force of the 1959 act, namely january 1, 1960, which date is referred to in the 1959 act as the 'appointed day', were repealed. .....

Commissioner of Sales Tax Vs. Modern Mercantile Works

Court : Mumbai

Reported in : [1976]384STC372(Bom)

..... it, however, does not follow that any amendment made by a consolidating and amending act in the state of the law till then prevailing has been made with ..... on a construction of the relevant provisions of the hyderabad act and of the repealing and saving section of the finance act, 1950, the supreme court held that the word 'assessment' included not merely the assessment to tax but also the ..... before we turn to the provisions of these two sections, we may as well note that though section 7 of the bombay general clauses act, 1904, which provides for the effect of a repeal, is made subject to a different intention appearing in the repealing statute, there is no such provision in section 77 of the 1959 act, and the usual clause, namely, 'unless there is anything repugnant in the subject or context or unless a different intention appears', is not to be found in ..... that in the context of the phrase 'any earlier law' in section 19(1)(a) the word 'tax' cannot mean tax under the 1959 act and, therefore, in clauses (a) and (b) of section 19(1), where the word 'tax' is used with reference to tax due under any earlier law, it must mean the tax due under the sales tax acts repealed by the 1959 act, but does not and cannot mean that the word 'tax' in this context would also mean penalty. ..... of the 1959 act all the sales tax acts in force prior to the date of coming into force of the 1959 act, namely, 1st january, 1960, which date is referred to in the 1959 act as the 'appointed day', were repealed. .....

Hari Singh Vs. Smt. Sireh Kanwar and ors.

Court : Rajasthan

Reported in : AIR1974Raj197; 1974(7)WLN398

..... the learned counsel urged that the learned additional district judge was in error when he said that the repealing of the indian act of 1937 became ineffective on account of section 31 of the succession act itself having been repealed by the repealing and amending act. ..... the hindu law of inheritance (amendment) act, 1929 and the hindu women's rights to property act, 1937 are hereby repealed. ..... argument which appealed to the learned additional district judge that section 31 became ineffective because it was itself repealed by the repealing act of 1960 is clearly erroneous. ..... -- where this act, or any central act or regulation made after the 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; the repeal by section 31 of the succession act completely wiped out the indian act of 1937 and a subsequent repeal of section 31 had not the effect of reviving the indian act of 1937. ..... remains to be examined is whether the jaipur act of 1947 is otherwise repealed and, if so, to what extent. ..... the learnedadditional district judge has held thatit does for two reasons, namely, thatsection 31 of the succession act did notrepeal the jaipur act of 1947 and even if it had, the repeal became ineffectivebecause section 31 itself stood repealedby the repealing act of 1960. 8. ..... 58 of 1960 and, therefore, the plaintiff .....

Samudrala Nagabhushanam Vs. Venkana Raghavayya

Court : Andhra Pradesh

Reported in : AIR1968AP70

..... sri suryanarayana murthy, the learned counsel for the petitioner, refutes this view on the ground that the act repealed the madras buildings (lease and rent) control act of 1949, and the hyderabad (rent, eviction and lease) control act of 1954, and is a consolidated and amending act and came into force on 21-4-1960. ..... is, whether a revi-sion petition filed under section 22 of the andhra pradesh buildings (lease, rent and eviction) control act, xv of 1960 (hereinafter referred to as 'the act') is barred by limitation if not filed within 90 days from the date of the order as laid down by role 41-a (2) of the appellate side rules of the high court of andhra pradesh (hereinafter called 'the rules'). ..... in ranganayakulu in re, air 1956 andhra 161 (fb), it was laid down that a combined reading of articles 225 and 372 of the constitution indicates that the powers of the high court conferred on it by the charter act, the letters patent and the government of india act, which were repealed or otherwise, can be exercised after the constitution and the rules already made by the high court before the constitution in exercise of those powers are also continued after the constitution. ..... in view of these decisions, it is manifest that rule 41 which by an amendment in 1961 purports to apply to a revision petition filed under section 22 of the act contravenes the existing law passed by a competent legislature in 1960, and is, protanto ultra vires.23. .....

Hazari and ors. Vs. Neki and ors.

Court : Supreme Court of India

Reported in : AIR1968SC1205; (1968)70PLR823; [1968]2SCR833

..... . 31 in the principal which states as follows :- 'no court shall pass a decree in a suit for pre-emption whether instituted before or after the commencement of the punjab pre-emption (amendment) act, 1960, which is inconsistent with the provisions of the said act'. 6 ..... of agricultural land and village immovable property shall vest - (a) where the sale is by a sloe owner : first, in the son or daughter or son's son or daughter's son of the vendor; secondly, in the brother or brother's son of the vendor; thirdly, in the father's brother or father's brother's son of the vendor; fourthly, in the tenant who holds under tenancy of the vendor the land or properly sold or a part thereof.' 5. the punjab pre-emption act, 1913 was amended by punjab act 10 of 1960 and s ..... . the reason is that the amending act came into force on february 4, 1960 and neki instituted the present suits for pre-emption long after this date ..... . neki had the right of pre-emption under the amended act at the time he instituted the suit and neki's right was not extinguished on his death but passed to his legal representatives. 13 ..... . 31 of the punjab act 1 of 1913 as amended by punjab act 10 of 1960 stood as a bar to the granting of a decree in favour of the substituted respondents ..... . 15 of the parent act was repealed and in its place was substituted a new provision which omitted to confer a right of pre-emption in the case of persons 'owning land in the estate' as the original s .....

Independent Schools Federation Of India (regd.) Vs. Union Of India

Court : Supreme Court of India

..... the object of the repealing and amending act of 1952 was only to expurgate the amending act of 1949, along with similar acts, which had served its purpose.7 ..... of delhi35 had examined a similar provision of the repealing and amendment act, 1952, whereby the indian wireless telegraph (amendment) act, 1949 was repealed in its entirety. ..... last contention raised by the private schools and writ petitioners is predicated on the enactment of the repealing and amending act 201634, by virtue of which the amendment act 2009 was repealed. ..... argument, in our opinion, overlooks section 6a of the general clauses act, 1897 and section 4 of the repealing and amendment act, which read thus: section 6a of the general clauses act, 1897 6a. ..... karnail kaur that section 4 of the repealing and amending act of 1952 applies to a case of repeal of an amending act.25. ..... section 4 of the repealing and amendment act states that the repeal shall not affect any of the enactment in which the repealed enactment has been applied, incorporated or referred ..... 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, 34 for short, repealing and amendment act ..... the general object of a repealing and amending act is stated in halsbury's laws of england, 2nd ..... was made to the decision of the judicial committee in secretary of state for india 35 (1960) 1 scr755 civil appeal no.8162 of 2012 and others page 31 of 35 in council v. .....