Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 section 1 short title Court: delhi Page 1 of about 2,160 results (0.130 seconds)

Anis Ur Rehman vs.mohd. Tahir and Ors

Court : Delhi

..... , it is held that there did not exist any vested right that a particular transaction was specified as an exempted transaction as not being a barred benami transaction under the expressions rfa no.855/2018 page 10 of 12 fiduciary capacity and trustee under the repealed provision of section 4(3) of the unamended act, and by section 2(9) of the amended act a benami transaction is defined and the exceptions have been specifically defined which are the exceptions to the prohibited benami transaction. ..... available, if the expressions fiduciary capacity or trustee were specifically defined under the repealed provision of section 4(3) as including certain transactions in these expressions and specifically otherwise barring certain transactions as benami (as not being exempted from being benami), and that now by the altered definition of the benami transaction in the amended act defining and specifically specifying what is included (and thus also excluded) in the expressions fiduciary capacity and trustee , such alleged existing earlier exclusions in the expressions fiduciary capacity .....

Ascot Estates Pvt. Ltd. Vs. Bon Vivant Life Style Pvt. Ltd.

Court : Delhi

..... , it may be observed that the arbitration and conciliation act, 1996, is an act passed by the parliament with the avowed object to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. ..... the arbitration and conciliation act, 1996 was promulgated on august 16, 1996, and as per its preamble it is an act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or ..... that the law makers consciously chose to retain section 37 of the arbitration and conciliation act, 1996 despite affecting numerous amendments in the said act recently goes a long way to negate the hypothesis of its implied repeal. 39. ..... hear the instant petition as also other applications and petitions filed under the arbitration and conciliation act, 1996 after october 23, 2015, with consent of learned counsel for the parties, including the learned additional solicitor general of india, we have heard arguments on the issue : whether section 10 of the ordinance takes away the right of appeal conferred by section 37 of the arbitration and conciliation act, 1996, and which issue would subsume : whether the language ..... decision reported as (1978) 4 scc 16 .....

indrajit Barua Vs. the State of Assam and anr.

Court : Delhi

Reported in : AIR1983Delhi513

..... section 3 of the central act as amended by the central amending act lays down that the governor of the states to which the central act is applicable or the chief commissioner or administrator of the union territories to which the central act is applicable may, if they are of the opinion, that the whole or any part erf their respective state or union territory, as' the case may be, 'is in such a disturbed or dangerous condition that the use ..... and 833 of 1980 are the assam disturbed areas act, xix of 1955 enacted by the assam legislature and the armed forces (assam and manipur) special powers act, 28 of 1958 read with the armed forces (assam and manipur) special powers (amendment) act ..... urge that any law or procedure which leads to inhumane or degrading treatment, as according to him is permitted or contemplated by section 4 of the assam act and section 4 of the central act, cannot stand the test of reasonableness and absence of arbitrariness and as such will not constitute procedure established by law within the meaning of article 21 of the constitution. ..... amend- ing act the words 'in the 'state of assam and the union territory of manipur' have been substituted by the words, 'in the states of assam, manipur, meghalaya, nagaland and tripura and the union territories of arunachal pradesh and mizoram' in the long title of the central act ..... section 7 of the central act repeals the armed forces (assam and manipur) ..... union of india and another : [1978]2scr621 and the full court ..... in short, it .....

Glaxo Smithkline Consumer Healthcare Vs. Anchor Health and Beautycare

Court : Delhi

Reported in : 162(2009)DLT314

..... however, by the code of civil procedure (amendment) act, 1999 (for short, 'the act, 1999'), the said provision stood amended to the effect that the period can be extended by the court not exceeding thirty days in total section 32 of the amendment act, 1999, providing for repeal and saving, does not save anything, so far as section 148 of the code is concerned. ..... the provisions of order 6, rules 17 and 18 of the code were sought to be repealed by the provisions of section 16 of the act, 1999, but by virtue of the provisions of section 7 of the code of civil procedure (amendment) act, 2002 (for short, 'the act, 2002'), they have been substituted and in language, there is not much substantial difference which may have any bearing on the instant case. ..... clause (b) to sub-section (2) of section 16 of the act, 2002, which provides for repeal and savings, provides that the amendment shall not apply in respect of pleadings filed before commencement of the amendment acts, 1999 and 2002, i.e. ..... ' a collective reading of section 148 and order vi rule 18 cpc would show that the court cannot enlarge the time for filing the amended plaint beyond 30 days of the period fixed by the court in the order by which the amendment is allowed and where no such time is fixed within 14 days from the date of such order. .....

Social Jurist, a Civit Rights Group Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

..... the said article was repealed and substituted by the constitution (eighty sixth amendment) act, 2002 to provide the following:45. ..... elementary classes, by permitting categorization in terms of objectives of the school and applying the criterion, such as sibling, transfer case, single ..... the present petition is confined to the admissions made by private unaided schools to pre-elementary (pre-primary and preschool) classes, we need not go into the question as to whether the impugned guidelines issued by government of india under section 35(1) of rte act, 2009 dated 23.11.2010 and 15.12.2010 and the order of government of nct of delhi dated 15.12.2012 contravene the provisions contained in section 13(2)(b) read with section 2(o) of the rte act, 2009, in their applicability to the admissions made by the private unaided schools to the ..... there shall be no overall lottery system to select/short list a child for admission. .....

S. Rau's Indian Administrative Service Study Circle Vs. Sushila Nanda ...

Court : Delhi

Reported in : 19(1981)DLT174; 1981RLR45

..... if section 97(1) of the code of civil procedure (amendment) act 1976 (hereinafter referred to as the amending act) repealed proviso (ccc) of sub section (1) of section 60 of the code of civil procedure (in short code) introduced by way of amendment of the said code by section 35 of the punjab relief of indebtedness act is ..... decree holder that proviso (ccc) aforesaid stands repealed by section 97(1) of the amending act which reads as under :- '97(1)any amendment made, or any provision inserted in the principal act by a state legislature of a high court before the commencement of this act shall, except in so far as such amendment or provision is consistent with the provisions of the principal act as amended by this act, stand repealed. ..... mentioned above whereby it is laid down that delhi high court (original side) rules must prevail over the provisions of the code inasmuch as those rules were protected by section 4(1) of the code and they did not stand repealed by section 97(1) of the amending act. ..... (2) the aforesaid proviso (ccc) to sub-section (1) of section 60 reads as under:- 'provided that the following particulars shall not be liable to such attachment or sale, namely :- (ccc) one main residential house and either buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgment debtor other than an agriculturist and occupied by him ; provided that the protection ..... 1978 .....

Bal Bharati Public School Vs. Union of India and Others

Court : Delhi

..... appellant further contended that even if it is assumed that by notification dated april 09, 1997, educational institutions were by way of non-exclusion in schedule-ii, included within the class of establishments specified under the first proviso to section 6, still once section 6 and the first proviso thereto were amended by the amending act no.10 of 1998, the said notification stands automatically repealed and unless a fresh notification is issued under the amended act, the educational institutions will not be deemed to be the establishment specified under the first proviso ..... whether the notification issued by the central government under the first proviso to section 6 of the employeesprovident funds and miscellaneous provisions act, 1952 ( the actfor short) specifying an establishment or class of establishments to be included therein will survive the subsequent amendment/s made in the first proviso amending the rate at which such establishment or class of establishments will be required to make contribution to the fund, is the question that arise for consideration in this appeal by letters patent. 2. ..... short title, extent and application. ..... supreme court in a recent decision dated august 11, 2015 titled fibre boards pvt. .....

Girdhari Lal Gupta Vs. K. Gian Chand JaIn and Co., Delhi-6

Court : Delhi

Reported in : AIR1978Delhi146; 14(1978)DLT132

..... 55 of the act which was subsequently repealed by the amending act 39 of 197o. ..... , for amending the appellant's writtenstatement in both the cases with a view to take the plea that the high court of delhi has no jurisdiction to entertain the applications of the respondents for the cancellation of the appellant's registration under section 51-a of the act and that the jurisdiction for granting such a relief is only in the high court at calcutta. ..... 34, the high court to which a petition has been presented under the repealed section 26 may stay proceedings or dismiss the petition if in its opinion the petition would be disposed of more justly or conveniently by another high court. ..... 3 to 42 was totally repealed and a new act, called the patents act, 1970 was enacted. ..... 51-a of the designs act (for short, the act). ..... similarly, the word 'patents' was deleted from the title of the act of 1911, which thereafter became the designs act of 1911. ..... the short, though a seemingly difficult question that was posed both before the learned single judge and before the full bench was, if, having regard to the rather unusual provisions contained in that behalf in the act, calcutta high court had exclusive jurisdiction to entertain a petition for cancellation of the registration of a design under s. .....

Trilok Chand JaIn Vs. Dagi Ram Pindi Lall and ors.

Court : Delhi

Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)

..... act, 1961, was not merely a repealing enactment, but it both repealed and re-enacted and also introduced in sub-section(3) of section 137 certain new classes of cases where the confidential naturel and the prohibition against disclosure in section 54 was relaxed, that the provision in clause (xxi) of section 137(3) was one such case and in enacting the said clause (xxi) the legislature did have a different intention to that extent, and ..... section 22 of the act of 1861 was repealed and there was no corresponding provision in the act of 1884, yet the saving proviso to section 2 of the act of 1884 enabled him still to make an additional conditional purchase as if section ..... and the liabilities of the employer under the 1958 act were preserved by section 7(2) (c) of the acts interpretation act, 1958, and thus not affected by the amendment act ..... and privileges accrued under the law repealed by the amending act ..... summoning the relevant record was entirely different from the scope of the power of the commissioner of income-tax under the aforesaid clause; and that the repeal of section 137 of the act of 1961 clearly indicated that the legislature thought that it was no more necessary to keep the records of assessment by the income-tax department relating to an assessed ..... section 54(2) remained unaffected and continued to subsist notwithstanding the repeal of the indian income-tax act, 1922, the enactment of the income-tax act, 1961, and the amendments of sections 137 and 138 on april 1, 1964, and .....

State (Delhi Administration) Vs. Mithlesh and ors.

Court : Delhi

Reported in : 1994IAD(Delhi)1054; 1994(28)DRJ641

..... it also needs to be mentioned that such repealing and amending acts have no positive legislative effect and are in fact, designed to exclude dead wood from the statute book. ..... (2) though the learned magistrate has not referred to the so-called repealing act, obviously he had in his mind the repealing and amendment act of 1988 (act 19 of 1988). ..... it is for this reason that the axe of repealing and amending acts is applied. ..... suffice to say that their combined reading would go to show that some amending acts as shown in the schedule were to stand amended in the manner and to the extent as referred to in the fourth column thereof. ..... once the goal sought to be achieved by the amending acts is accomplished by bringing about the desired amendment in the parent statute, such acts cease to be of any utility. ..... true, the schedule shows that act 46 of 1983 was repealed but then it further provides that the repeal shall not affect other enactments in which the repealing act has been applied, incorporated or referred to. ..... the removal thereby of the dead wood does not, however, affect the amendment brought about by it for, by incorporation it gets transplanted and becomes a part of the parent statute. ..... it appears, though again not specifically spelled out in the impugned order that the learned magistrate thought that act no.46 of 1983 relating to chapter xxa(having only one section namely, 498a) stood repealed by act 19 of 1988. ..... this is the short question. .....