Court : Kolkata
..... on may 2, 1997 the land acquisition (west bengal amendment) act, 1997 was enacted which came into force with effect from june 4, 1997 giving its retrospective effect on and from april 1, 1997 to revive the pending acquisition proceedings under the repeal act of 1948. ..... upon by his lordship did not consider the second proviso to section 11a being a state amendment.iv) the proceedings once initiated under the provisions of section 9(3b) could not be continued beyond two years in view of section 11a second proviso and once such proceedings stood lapsed there could not be any further proceedings under the repeal act in absence of appropriate support of law.v) once there was no valid requisition or acquisition proceeding pending land could not ..... scenario in a narrow campus we would find:i) in 1960 land was requisitioned and possession was taken under section 3 of the said act of 1948.ii) no step was at all taken under the said act of 1948 during its life time.iii) in 1997 the effect of the said act of 1948 spent its force because of repeal.iv) notice under section 9(3b) was issued in 2000 which stood lapsed in 2002 by virtue of amended section 11a.v) in 2007 independent proceeding under section 4 was initiated .....
Tag this Judgment!Court : Kolkata
Reported in : 75Ind.Cas.466
..... genera' on this first point, it is this that the fee is a stamp-duty because it is collected by stamps under the provisions of section 25 of the court-fees act, 1870, and inasmuch as that act is an act of the governor-general in council, it is a duty, of which the amount is fixed by indian legislation and that it cannot, therefore, be altered without the previous sanction of the governor-general, which admittedly has not beer, obtained in this case.8. ..... correct', the sum charged upon a grant of probate or of letters of administration is not a tax or duty levied upon the property upon which the probate or administration operates, and it is not charged thereon as is estate duty in england, but it is merely a fee levied by the court issuing the probate or letters of administration for the work done ..... it is provided (2) that a local legislature may not repeal or alter without the previous sanction of the governor-general (1) any law made by any authority in british india before the commencement of the indian councils act, 1861, (2) any law specified in the schedule to these rules or any law made by the governor-general in council amending a law so specified.5. ..... now it is quite true that duties which are collected by means of stamps are, in a sense, stamp duties, for instances, in england, estate duty, probate duty and succession duty are stamp-duties because they are so collected, but i feel very great doubt whether a court-fee becomes a stamp-duty within the meaning of the scheduled .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP26
..... the act of 1889 was followed by another consolidating and amending act in 1910 (act 15 of 1960), and later by the very elaborate code of 1924, and act of 292 sections and six schedules (act 2 of 1924), which superseded all previous legislation and is, though it has not itself escaped amendment, the principal act relating to the subject which is now in force.'18. ..... the first general cantonment act, a consolidating and amending act was passed in 1889 and it was followed by another consolidating and amending act of 1910 and lastly by the act of 1924.19. ..... the first general cantonment act, a consolidating and amending measure, was passed in 1889 and repealed a large number of existing acts and regulations. ..... hence this regulation under which power is sought to be exercised in resuming the grant and taking possession of the house is not an existing law or law which has the statutory force as it had quite a long time back been superseded and repealed and enacted by the legislature and thereafter the cantonment act. ..... and whereas, notwithstanding the said conditions, rules, regulations and orders, difficulties have frequently been experienced in obtaining house-accommodation in cantonments for military officers and it is expedient to make better provision for that purpose; it is hereby enacted as follows:'this act remained in force till it was repealed by the cantonments (house-accommodation) act. ..... 1902 and which was also subsequently repealed by the cantonments (house-accommodation) act. .....
Tag this Judgment!Court : Mumbai
..... vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999) and by section 7 of this act shall n t apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before the commencement of section 13 of this ..... section 16 of this 2002 act provides for repeal and savings and reads thus : "16. ..... section 32 of this 1999 act provides for repeal and saving. ..... (2) notwithstanding that the provisions of this act have come into force or repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897 (10 of 1897),- (a) the provisions of section 102 of the principal act as substituted by section 5 of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section 5; and every such appeal shall be disposed of as if section 5 had not come into force .....
Tag this Judgment!Court : Andhra Pradesh
..... for the plaintiffs, order vi rule 5 of cpc was repealed by the code of civil procedure (amendment) act, 1999 with effect from 01.07.2002. ..... for short cpc) a better statement of the nature of the claim or defence or further better particulars of any matter stated in any pleading may be called upon in all cases upon such terms as to costs and otherwise as may be just, and (ii) the principles of natural justice also require giving of such opportunity to defendant no.10 to file additional written statement with reference to the pleadings raised by defendant no.11 which appeared to have been adopted by defendant nos.12 ..... the learned counsel for the plaintiffs submitted that as defendant no.10 already filed his written statement and the amendment of the plaint by the plaintiffs was made only to amend the cause title without raising any new plea, the lower court ought not to have permitted defendant no.10 to file additional ..... , the additional written statement filed by defendant no.10 has raised many contentious pleas which were not earlier mentioned in his written statement and that his filing additional written statement was only with a view to recall p.w.1 for his further cross-examination. ..... ordinarily, while allowing such amendments, the parties are not permitted to raise pleadings which will change the nature and complexion of the suit and at times the court may not permit the parties to resile from the admissions made in their pleadings by way of subsequent pleadings which if .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... repeal and replacement of fer act, 1973 new procedure prescribed under fema, 1999 will apply is fallacious because section 49(4) of fema, 1999 clearly save the provisions of repealed fer act ..... and scrutiny of all relevant cases and opinions of learned authors, the conclusion becomes inescapable that whenever there is a repeal of an enactment and simultaneous re-enactment, the re-enactment is to be considered as re-affirmation of the old law and provisions of the repealed act which are thus re-enacted continue in force uninterruptedly unless, the re-enacted enactment manifests an intention incompatible with or contrary to the provisions of the repealed act ..... provisions of sub-sections (3) and (4) of section 49 of fema 1999 which read as under : (3) notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed act and no adjudicating officer shall take notice of any contravention under section 51 of the repealed act after the expiry of a period of two years from the date of the commencement of this act. ..... the instant case adjudication order has been passed under fer act, 1973 and the appeal has been preferred under the repealed act read with provisions of section 49(3) and (4) of fema, 1999. ..... legislative intention of the re-enacted enactment has to be inferred and gathered whether it intended to preserve all the rights and liabilities of a repealed statute intact or modify or to obliterate them altogether. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... counsel that after repeal and replacement of fer act, 1973 new procedure prescribed under fema, 1999 will apply is fallacious because section 49(4) of fema, 1999 clearly save the provisions of repealed fer act, 1973. ..... on critical analysis and scrutiny of all relevant cases and opinions of learned authors, the conclusion becomes inescapable that whenever there is a repeal of an enactment and simultaneous re-enactment, the re-enactment is to be considered as re-affirmation of the old law and provisions of the repealed act which are thus re-enacted continue in force uninterruptedly unless, the re-enacted enactment manifests an intention incompatible with or contrary to the provisions of the repealed act. ..... it is appropriate to refer to provisions of sub-sections (3) and (4) of section 49 of fema, 1999 which read as under : (3) notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed act and no adjudicating officer shall take notice of any contravention under section 51 of the repealed act after the expiry of a period of two years from the date of the commencement of this act. ..... it is admitted position that in the instant case adjudication order has been passed under fer act, 1973 and the appeal has been preferred under the repealed act read with provisions of section 49(3) and (4) of fema, 1999. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... counsel that after repeal and replacement of fer act, 1973 new procedure prescribed under fema, 1999 will apply is fallacious because section 49(4) of fema, 1999 clearly save the provisions of repealed fer act, 1973. ..... on critical analysis and scrutiny of all relevant cases and opinions of learned authors, the conclusion becomes inescapable that whenever there is a repeal of an enactment and simultaneous re-enactment, the re-enactment is to be considered as re-affirmation of the old law and provisions of the repealed act which are thus re-enacted continue in force uninterruptedly unless, the re-enacted enactment manifests an intention incompatible with or contrary to the provisions of the repealed act. ..... it is appropriate to refer to provisions of sub-sections (3) and (4) of section 49 of fema, 1999 which read as under : (3) notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed act and no adjudicating officer shall take notice of any contravention under section 51 of the repealed act after the expiry of a period of two years from the date of the commencement of this act. ..... it is admitted position that in the instant case adjudication order has been passed under fer act, 1973 and the appeal has been preferred under the repealed act read with provisions of section 49(3) and (4) of fema, 1999. .....
Tag this Judgment!Court : Karnataka
..... (amendment) act (104 of 1976) 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 inconsistent with the code as amended by the amending act stood repealed irrespective of the fact whether the corresponding provision in the code has been amended or modified by the amending act and that was subject only to what was found in sub-sec(2) of section 97. ..... 104/76 has been referred to and it is ultimately held that any amendment which is made or provision inserted in the principal act by the state legislature or high court before the commencement of the amending act except insofar as such amendment of the provision is consistent with the provisions of the principal act stand repealed. ..... in view of the (deleted vide court order dated 09.07.2015) section 97 of the amended act, the earlier notification of this court virtually stands repealed. ..... in another decision in the case of madhavan nair (supra), section 97 as amended under amendment act no. ..... was amended vide amendment act no. ..... it is his case that by virtue of the amendment carried out to the code of civil procedure, 1908, in amendment act no. ..... by amendment act no. ..... in this view of the matter, the learned judge has accepted the contention of the defendant therein and ordered for return of the plaint to be presented before the proper court in terms of order vii rule 10, c.p.c. 4. .....
Tag this Judgment!Court : Supreme Court of India
..... 41 [(c) (i) in relation to any premises let for residence, when the tenant dies, whether the death has occurred before or after the commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1978, any member of the tenant s family residing with the tenant at the time of his death or, in the absence of such member, any heir of the deceased tenant, as may be decided in default of agreement by the court; (ii) in relation to any ..... (2) notwithstanding the repeal of the textile undertakings (nationalisation) laws (amendment and validation) ordinance, 2014, anything done or any action taken under the principal acts as amended by the said ordinance shall be deemed to have been done or taken under the principal acts, as amended by this act. ..... interest in premises has been assigned or transferred as permitted, by virtue of, or under the provisions of, any of the repealed acts; (b) a person who is deemed to be a tenant under 42 section 25; (c) a person to whom interest in premises has been assigned or transferred as permitted under section 26; (d) in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of this act, any member of the tenant s family, who, (i) where they are let for residence, is residing, or (ii) where .....
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