Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 section 1 short title Page 1 of about 24,246 results (0.598 seconds)

Ram Puri, Chandigarh Vs. Chief Commissioner, Chandigarh and ors.

Court : Punjab and Haryana

Reported in : AIR1982P& H301

..... now apart from the above the subsequent amendments introduced in sections 3 and 8 as also the deletion of section 9 altogether and its substitution by section 8-a of the act was designed to and has undoubtedly cured the infirmities which their lordships had discerned in the previous provisions in jagdish chand radhey shyam's case (air 1972 sc ..... to take back whatever has been given.resume : to take up again, take back, to take back to oneself (on default, the grantor does not automatically resume title); go back to using; to take possession again.resumption : the taking again by the crown or other authority of lands or tenements previously granted (as on the ground of false suggestions or other ..... 19, 1952, the president's act was repealed and its provisions were re-enacted with some modification in the present capital of punjab (regulation and development) act, 1952. ..... these matters one has to take into account the fact--a fact of which judicial notice has to be taken--that there has been as unprecedented influx of population into the capital, and in such a short interval, that there has not been time for natural process of expansion of the city to adjust itself to the increased needs.'58. ..... were in the constitution till 20th june, 1979, from which date they were deleted under the constitution (forty-fourth amendment) act, 1978. ..... too was rejected on 2-9-1978 by the chief commissioner. ..... barnet council, (1978) 1 wlr 220, advantageously :--'the literal method is now completely out .....

Shushila Kesarbhai and ors. Vs. Bai Lilavati and ors.

Court : Gujarat

Reported in : AIR1975Guj39

..... that is made clear by the statement of objects and reasons of the repealing and amending act 18 of 1928 where it is stated that the object of introduction of sub-section (3) in section 98 is to enact more clearly the provision which was previously implied in section 4 of the code. ..... the settled legal position was that all dealings with rights of entry, except by release to the person in possession, were earning with 'pretenced rights and titles' ' and were, therefore within the inhibition of section 2 of 32 hen. 8, c. 9. ..... section 98 merel embodies a rule of procedure in case of difference of opinion in an appeal and no titles, transactions or rights are founded on it which would be disturbed or shaken by reversal of the decision in 21born lr 157 =(air 1919 bom i (fb)). ..... for forty-four years said:'this is not one of those cases in which inveterate error is left undisturbed because titles and transactions have been founded on it which it would be unjust to disturb .... ..... but the supreme appellate court will not shrink from overruling a decision, or series of decisions, which establish a doctrine plainly outside the statute and outside the common law, when no title and no contract will be shaken, no persons can complain and no general course of' dealing be altered by the remedy of a mistake. ..... 9, prohibited sale of 'any pretenced, rights or titles'. .....

Babulal Vadilal Vs. Ambica Iron and Steel Works Re. Rolling

Court : Gujarat

Reported in : (1974)15GLR474

..... 1933 patna 67 that 'it is now well-settled that with the addition of sub-section (3) section 98, civil procedure code, made by the repealing and amending act, 18 of 1928, that section has no application to cases heard by a division bench of a chartered high court, whether in appeals from decrees of subordinate courts, or from decrees passed by a judge of the high court 011 the original side, and that all cases of difference of opinion among the judges composing the division bench are governed by clause 26, letters patent ..... . but the supreme appellate court will not shrink from overruling a decision, or series of decisions, which establish a doctrine plainly outside the statute and outside the common law, when no title and no contract will be shaken, no persons can complain, and no general course of dealing be altered by the remedy of a mistake.the same doctrine is thus explained in corpus juris secundum, volume 21, page 302 para ..... . the settled legal position was that all dealings with rights of entry, except by release to the person in possession, were dealings with 'pretensed rights and titles', and were, therefore, within the inhibition of section 2 of 32 hen ..... . 1100, lord summer in declining to follow earlier cases on the construction of a ceylon ordinance which had stood for forty-four years said: 'this is not one of those cases in which inveterate error is left undisturbed because titles and transactions have been founded on it which it would be unjust to disturb.. .....

K.K. Vasudeva Kurup Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : AIR2003Bom64; II(2003)BC481; 2002(6)BomCR39; 2002BomCR(Cri)876; 2002(4)MhLj838

..... thus, even considering section 6a of the general clauses act read with section 4 of the repealing and amending act, we are satisfied that the amendment in the original act remains in operation and does not get abrogated.18. ..... section 4 of the repealing and amending act saves the operation of the amendments inserted in the original act by the repealed act. ..... it was contended before the apex court that in view of repeal of section 6 (1-a) by the repealing and amending act, 1952, conviction of the accused was illegal and unlawful. ..... it was also clarified by section 4 of the repealing and amending act of 2001 (saving clause).19. ..... there is an additional reason for holding that the repealing and amending act, 2001 will not affect the amendment already made by the amending act of 1988 in the original act of 1881. ..... according to the court, the object of the repealing and amending act of 1952 was only to expurgate the amendment of 1949, along with similar acts which had served the purpose. ..... the amendment act of 1949 was repealed by the repealing and amending act of 1952 (as has been done in the present case by the act of 2001). ..... it was, therefore, held by the court that section 6(1-a) of the act continued to remain in the statute book even after amending act of 1949 was repealed in 1952 and the order of conviction could not be held to be illegal or unsustainable.14. .....

Mohamed Ali Mulla Vs. State of Goa and anr.

Court : Mumbai

Reported in : III(2006)BC60

..... the savings clause in section 4 of the repealing and amending act, 2001, the division bench noted that section 4 of the repealing and amending act saves the operation of the amendments inserted in the original act by the repealed act, the amendments, therefore, are clearly covered by the savings clause of section 6-a of the general clauses act read with section 4 of the repealing and amending act, 2001. ..... is that the offence alleged to have been committed by the accused under section 138 of the act took place at a time when sections 138 to 142 were not found on the statute book as the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 by which they were introduced into the negotiable instruments act, 1881 was repealed by the repealing and amending act, 2001. ..... as the first submission is concerned, the same has been answered by a division bench of this court, referring to section 6-a of the general clauses act, 1897 and section 4 of the repealing and amending act, 2001.6. ..... to several decided cases, the learned division bench observed that the amendment made in the original act of 1881 by the amending act, 1988 remains in force and repeal by amending act in 2001 has not affected the amendment. ..... herein is accused who has been convicted and sentenced and whose sentence has been confirmed by the learned additional sessions judge, margao by judgment/order dated 6.5.2005, under section 138 of the negotiable instruments act, 1881 (act for short).2. .....

S.K.S. Rajamani Nadar and anr. Vs. TuticorIn Small Scale Salt Manufact ...

Court : Chennai

Reported in : (1999)2MLJ343

..... as observed earlier, the effect of section 97(1) is that all local amendments made to any of the provisions of the code either by a state legislature or by a high court which were inconstant with the code as amended by the amending act stood repealed irrespective of the fact whether the corresponding provision in the code had been amended or modified by the amending act and that was subject only to what was found in sub-section (2) of section 97. ..... ramasway gounder : (1995)2mlj413 , which requires no reconsideration.32.accordingly we hold that the proviso introduced by way of amendment by the madras high court to order 21, rule 90, civil procedure code is not inconsistent with the main rule and as such the same cannot be deemed to have been repealed view of section 97(1) of the amending act 104 of 1976. ..... 502, it has been held as follows:it is not disputed that section 97(3) has the effect of a general repeal of all high court amendments to the civil procedure code excepting those which are consistent with the civil procedure code as amended by amending act 104 of 1976. ..... that is inconsistent with the provisions of the amending act and as such held the same is invalid which is clear from the following passage of the said judgment is paragraph 13:now reverting to section 97(1) of the amending act, the high court was in error in holding that because no amendment has been made to rule 72 by the amending act. ..... the central act is an amending act as its title itself unmistakably indicates .....

Solapur Social Urban Co-operative Bank Ltd. Vs. Nigam A. Mannan Beskar ...

Court : Mumbai

Reported in : 2006(4)BomCR217

..... the question however that arises is whether section 9-a of the code of civil procedure, 1908 as applicable in the state of maharashtra stands repealed by section 32 of the code of civil procedure (amendment) act, 1999 and section 16 of the code of civil procedure (amendment) act, 2002; because if section 9-a stands repealed then obviously application under section 9-a could not have been entertained by the cooperative court.legislative power of parliament and the state legislatures to enact laws governing civil procedure5. ..... dani submitted that section 9-a introduced into the code in this application to the state of maharashtra is inconsistent with the code as amended by the central amendment acts of 1999 and 2002 and therefore stands repealed by section 32 of the central amendment act of 1999 and section 16 of the central amendment act of 2002. ..... (for short central amendment act of 1976). ..... in ganpat giri (supra) the supreme court was called upon to consider the effect of section 97(1) of the code of civil procedure (amendment) act of 1976 (for short the central amendment act of 1976) on order 21, rule 72 of the code as amended by the allahabad high court and prevailing the state of allahabad. ..... the code of civil procedure, 1908 (for short the code) is a pre-constitutional law and an existing law within the meaning of article 254 of the constitution of india. .....

Employees State Insurance Corporation Vs. Welford Transport (Eastern I ...

Court : Guwahati

..... the provision of section 85-b which had been inserted by the employees' state insurance (amendment) act, 1975 had become part of the 'act' and was therefore not affected by the repealing and amending act 1978 which had repealed the amendment act of 1975. ..... chetia, learned counsel appearing on its behalf has submitted that the view taken by the court below that the provision of section 85-b was hot available in view of the repealing and amending act of 1978, was not correct and further that the regional director had been delegated the powers of the director general of the corporation who was the principal officer under section 16 of the act and accordingly had the necessary competence to impose damages.4. ..... the court also held that the insertion of section 85-b by the amending act of 1975 also was not available after the repealing and amending act of 1978 whereby the employees' state insurance (amendment) act 1975 had been repealed. ..... in so far as the finding by the court below that the provision of section 85-b was not available because of the repealing and amending act of 1978, is concerned, the learned court below was clearly in error. ..... it is settled law that immediately on coming into force of an amending act, the provision amended (in the main act) becomes part of the main act so that when the repealing and amending act repeals the 'amending act' for the purpose of scavenging the 'statute book' of acts not required any more. .....

Smt. Geeta Devi Mishra and ors. Vs. Anil Kumar Tiwari and ors.

Court : Madhya Pradesh

Reported in : 2005ACJ424; 2004(1)MPHT82; 2004(1)MPLJ373

..... motor vehicles (amendment) act, 1994 incorporated the amendment in section 140 of the original act and thereafter the amending act lost its utility and, therefore, it was repealed by repealing and amending act, 2001. ..... amendment incorporated in section 140 of the act has become a part of the original act or parent act and, therefore, the repealing and amending act, 2001 does not obliterate the amendment which has become a part of that act. ..... tribunal has again under a wrong notion held that the repealing and amending act, 2001 has deleted that provision in section 140 of the act which enhanced the compensation from rs. ..... section 4 of the repealing and amending act, 2001 clearly saves the enactment in which the repealed enactment has been ..... the repealing and amending act, 2001 has only reduced the bulk of the statute ..... /- was awarded in view of the repealing and amending act, 2001.4. ..... it has been further held that no fault liability is a statutory liability and defence under section 149(2) of the act is not available to the insurance company at the stage of interim compensation provided that the vehicle is insured with the insurance ..... 000/- as compensation under section 140 of the act against the owner and the driver and not against the insurance company ..... is an appeal by the claimants against the order by which their application under section 140 of the motor vehicles act, 1988 (hereinafter to be referred to as 'the act') for compensation on the principle of 'no fault' has been rejected.2. .....

M. Kali Mudaliar, Prop. M.K.M. Bus Service Vs. the State of Tamil Nadu ...

Court : Chennai

Reported in : (1979)2MLJ259

..... was held ultimately in that case that so long as the state legislature could adopt and incorporate an act passed by the central legislature by making suitable amendments thereto, it can adopt the central act and amend the same provided the requisite assent has been obtained from the president under section 254 (2) of the constitution. ..... contentions have been urged by the petitioner in this writ petition:(1) section 68-hh which has been introduced in the motor vehicles act by tamil nadu amendment act xviii of 1968 is invalid for the reason that the state legislature cannot directly amend the motor vehicles act enacted by the parliament notwithstanding article 254 (2) of the constitution. ..... such a case, the full bench felt that the state legislature could adopt and incorporate a legislation made by the parliament and amend the same as if it were an act passed by it within its legislative sphere. ..... 348 where it was held that though a law enacted by the parliament of canada and within its competence would override provincial legislation covering the same field,, the dominion parliament had no authority conferred upon it under the constitution to enact a statute repealing directly any provincial statute.the observations of the supreme court in zaverbhai's case : [1955]1scr799 relied on by the bench are these:discussing the nature of the power of the dominion ..... state road transport corporation by its general manager, hyderabad and 3 ors (1978) 1 a.p.l.j. ..... : (1978) 2 ..... (1978) ..... : (1978) 2 .....