Court : Mumbai
Reported in : AIR1983Bom378; 1983(2)BomCR283; (1983)85BOMLR211; 1983MhLJ467
..... as under:'97 (1) repeal and savings:-- (1) any amendment made, or any provision inserted in the principal act by a state legislation or 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far as such amendment or provision is consistent with the provisions of the principal act as amended by this act, stand repealed. '97. ..... our opinion the view taken by the full bench of the allahabad high court is the correct view of the matter and section 97 (2) (a) only preserves a right of appeal against the order passed under section 47 of the code in respect of the appeals already pending on the date of the enforcement of the amendment act as well as in respect of the appeals where orders on objections filed under section 47 had already been passed before ..... amending act were to stand repealed in so far as the amendments were inconsistent with the provisions of the amending act ..... the obstructionist proceedings arose commenced prior to the coming into force of the amending act and, therefore the remedy by way of a suit provided by the earlier provision in rule 103 must be treated as saved by virtue of clause (e) of section 6, of general clauses act, this argument however must be rejected in view of the express provisions of sub-section (3) of section 97 of the amending act, which is a complete answer to the contentions are not regulated by the new provisions ..... air1979delhi40 ; syndicate bank new delhi, decision of orrisa high court in air 1978 orrisa 129; nanda kishore moharana v. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1970Kant171; AIR1970Mys171
..... of these petitions whose services were terminated, preferred an appeal under section 39 of the mysore shops and commercial establishments act, 1961, (hereinafter referred to as the shops & establishments act), before the commissioner of labour in mysore (hereinafter referred to as the commissioner), who is the appellant authority under the said act after section 2-a was inserted in the act by the industrial disputes (amendment) act, 1965, (central act xxxv of 1965), the commissioner issued a circular (marked exhibit iii in such of these petitions) in which ..... what applies to a legislative enactment, applies to every part of it including every section of it; section 2-a being inserted by the industrial disputes (amendment) act 1965, which is a parliamentary enactment, the only two tests to be satisfied for that section being valid, are:(i) whether that section is with respect to a topic assigned to parliament; and (ii) whether it offends any of the provisions in part iii of the constitution or restriction placed in any other part of the constitution. 26. ..... there, the question that arose was whether in a suit for eviction filed when the west bengal premises rent control (temporary provisions) act, 1950, was in force, the provisions of section 24 of the west bengal premises tenancy act, 1956, which repealed the former act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT304
..... , the supreme court considered the effect of amendment of calcutta thika tenancy (amendment) act, 1953, omitting section 28 thereof and held that section 28 cannot, after the amendment act came into force, be applied to any proceeding pending on the date of commencement of calcutta thika tenancy ordinance, 1952. ..... title to the suit land and hence article 65 of the limitation act is applicable and in that case it is for the defendant to establish adverse possession. ..... to government lands as provided for in section 102(a) of the act and admittedly it is a government land and assigned in favour of baliah and the character of the land does not change even subsequent to its assignment; (3) that in view of repeal of section 47 retrospectively, ex.a1 under which entire consideration was passed and possession also delivered, the same is not affected; (4) that the proviso to section 34 of the specific relief act has no application to this case and (5) that the plaintiffs have succeeded in establishing their subsisting .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H243; 1957CriLJ1172
..... if, however, the statute is repealed and re-enacted in somewhat different terms the amendments and modifications operate as a repeal of the provisions of the repealed act which are changed by and are repugnant to the repealing act. ..... this section accords statutory recognition to the general principle that if a statute is repealed and re-enacted in the same or substantially the same terms, the re-enactment neutralises the previous repeal and the provisions of the repealed act which are so re-enacted continue in force without interruption. ..... is, after the commencement of this act, repealed and re-enacted with or without modification, then,' unless it is otherwise expressly provided, any ... ..... bishambar dayal, who appears for the state, contends that there is an irreconcilable conflict between section 9 of the act of 1918 and section 17 of the act of 1952, for whereas the earlier act vests the power of granting exemptions in the provincial government the later act vests such power in the central government. ..... the act of 1918 was repealed by the cinematograph act, 1952, which re-enacted most of the provisions of the earlier act. ..... issued under the repealed act ..... ..... section 9 of the cinematograph act, 1918, was in the following terms:--'the provincial government may, by order in writing, exempt, subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class of cinematograph exhibition from any of the provisions of this act or of any rule made thereunder.'4 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC474; 1969(17)BLJR385; [1969]2SCR232
..... ' the section embodies the rule of construction that where the provision of an act is repealed and re-enacted with or without modification, a reference to the repealed provision in any other enactment should be regarded as a reference to the provision re-enacted in the new form unless it appears that the legislature had a different intention.7. ..... 158 and 178 the legislature acted upon the view that the references to the code of civil procedure, 1908 in the second schedule to the limitation act could not in the absence of the amendment be construed as references to the arbitration act, 1940. ..... before their amendment by the indian arbitration act, 1940, article 158 of the limitation act applied to applications 'under the code of civil procedure, 1908 to set aside an award' and article 178 applied to applications 'under the same code for the filing in court of an award ....'. ..... the arbitration act, 1940 was passed with a view to consolidate and amend the law relating to arbitration. ..... the amended article 158 applies to applications 'under the arbitration act, 1940 to set aside an award or to get an award remitted for consideration', that is to say, to application under sections 16 and 30 of the act. ..... at the same time the legislature refrained from amending article 181 and providing that the article will apply to other applications under the arbitration act, 1940. ..... the arbitration act, 1940 amended articles. ..... the amended ait. ..... ' the court held that the amendment of arts. ..... in amending articles. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1636; 1970(0)BLJR619; 1970CriLJ1396; [1969]2SCR411
..... invoking the presumption under section 5(3) of the act even though it was repealed on december 18, 1964 by the amending act. ..... application of this principle is that pending cases although instituted under the old act 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 ..... or for a consideration which you know to be inadequate from persons having connection with your official function, habitually, dishonestly and fraudulently, misappropriated or otherwise converted for your own use properties entrusted to you or put under your control as a guard of trains or otherwise, and habitually by corrupt and illegal means, or by otherwise abusing your position as a public servant obtained for yourself valuable things or pecuniary advantage, ..... of the appellant that section 5(3) of the act was repealed by parliament while the appeal was pending in the high court and the presumption enacted in section 5(3) of the act was not available to the prosecuting authorities after the repeal of the sub-section on december 18, 1964. ..... commits criminal misconduct in the discharge of his duty shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine : provided that the court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year. . .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC549; 1969MPLJ493(SC); [1969]1SCR880; [1969]23STC380(SC)
..... section 2 of that act authorised the central government to extend any enactment to part c states, which was in force in part a states by a notification in the official gazette with power to repeal and amend any corresponding law. ..... the common question on which the disposal of these two appeals by special leave depends relates to the applicability of article 286 of the constitution of india read with article 264 before the amendments made by the constitution (viith amendment) act, 1956 to the erstwhile state of vindhya pradesh during the relevant assessment period for the purpose of imposition of sales tax.2. ..... the newly added section 29 provided for the repeal and saving and the vindhya pradesh sales tax ordinance no. ..... article 264 of the constitution, as it stood before its amendment by the constitution (viith amendment) act 1956 which appeared in part xii, chapter i provided:'in this part, unless the context otherwise requires:-(a).................... ..... in view of the decision of this court in delhi laws act case, : [1951]2scr747 the part c states (miscellaneous law repealing) act, (act lxvi of 1951) was enacted by parliament on october 31, 1951. ..... in exercise of that power, the central government by a notification dated december 29, 1950 extended to the state of vindhya pradesh the central provinces and berar sales tax act, 1947 as was in force in the old state of madhya pradesh subject to certain modifications. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker55; 1958CriLJ381; [1957]8STC738(Ker)
..... we cannot agree.there is nothing in the wording of the amending act to show that the repeal of the old section 15 and the substitution thereof by the new section is to be retrospective; on the contrary section 1 of the amending act would indicate that except for sections 3 and 5 thereof the remaining sections are only prospective. ..... but this 'repeal of section 15(b) of the principal act cannot avail the accused since the amending act came into force only on the 1st october 1958, long after the offences with which he is charged were committed and, except in the case of criminal appeal 39 of 1957, after the conclusion of the trial.therefore, under section 8 of the madras general clauses act, the repeal cannot in any way affect the offence already committed by him or his liability to punishment for such ..... in the terms of the latter part of section 15(h) of the act (which again, being a remedy given by the principal act is not retrospectively affected by reason of the repeal by the amending act) we specify that the arrears of tax due from the accused in the three cases are the amounts mentioned in para. ..... it is nevertheless argued that the very fact that the original section 15 was repealed and re-enacted with clause (b) thereof deliberately loft out, proclaims a contrary intention within the meaning of section 4 of madras general clauses act and makes the repeal retrospective. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker277
..... provided that upon the expiry of the temporary act, the provisions of section 4 of the interpretation and general clauses act, 1125 (vii of 1125) would apply as if the temporary act had then been repealed by an act of the kerala legislature; and the amending act contained no intention to the contrary to the continuance of the petitions filed under section 6 of the temporary act, pending at the commencement of the amending act, in accordance with the provisions of that act (the temporary act), and therefore such proceedings had to be disposed of in accordance with the ..... provisions of the temporary act itself, not in accordance with the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker226
..... but it is urged that by the repeal of the ordinance by the kerala education (amendment) act. ..... the case could have easily been disposed of by setting aside these orders in view of the pronouncement of the full bench in the above said decision but for the intervention of the kerala education (amendment and validation) ordinance, 1969 (hereinafter referred to as the ordinance) and the pass-ing of the kerala education (amendment) act. ..... which provides for repeal of ordinance 3 of 1969 and for regarding action taken in exercise of the powers conferred under the principal act as amended in 1969 save situation. ..... (2) notwithstanding such repeal any-thing done or any action taken under the principal act as amended by the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred under the principal act as amended by this act' 5. ..... on a reading of sub-section (2) of section 3 alone of the act it may appear so because section 3 (2) says that the repeal will not affect 'anything done or any action taken under the principal act as amended by the said ordinance'. ..... in this view, the meaning that has to be given to 'anything done or any action taken under the principal act as amended by the said ordinance' must take in not only orders passed after the date on which the ordinance came into force but also orders passed before the ordinance, which too had been validated and which too are deemed to have been passed under the act as amended by the ordinance. .....
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