Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 Page 98 of about 82,822 results (0.366 seconds)

Prigg Vs. Pennsylvania

Court : US Supreme Court

..... 556 entitled 'an act for the gradual abolition of slavery,' except the eleventh section of said act, which is hereby repealed and supplied, nor of any part of an act of assembly passed on the 28th day of march 1788, entitled 'an act to explain and amend an act for the gradual abolition of slavery,' except the 7th section of this last-mentioned act, which is hereby supplied and repealed. ..... 547 following law was passed and enacted, "an act to explain and amend 'an act for the gradual abolition of slavery,'" "sec. i. ..... his or her owner, master or mistress residing in any other state or country, but such owner, master or mistress shall have like right and aid to demand, claim, and take away his slave or servant as he might have had in case this act had not been made, and that all negro and mulatto slaves now owned and heretofore resident in other states who have absconded themselves or been clandestinely carried away, or who may be employed abroad as seamen ..... if the argument, therefore, of a concurrent power in the states to act upon the subject matter, in the absence of legislation by congress, be well founded, then, if congress had never acted at all, or if the act of congress should be repealed without providing a substitute, there would be a resulting authority in each of the states to regulate the whole subject at its pleasure, and to dole out its own remedial justice or withhold it at its pleasure and according to its own views of policy and expediency. .....

Commissioners of Taxing District of Brownsville Vs. Loague

Court : US Supreme Court

..... or authority devolved upon the taxing district, and that the power and authority to issue the bonds and levy a tax to pay interest thereon, upon which plaintiff's suits were founded, "was given to brownsville by the act of february 8, 1870, by the legislature of tennessee, but before the contract was completed or the election under said act of 1870 held by brownsville, or the bonds issued, the said act of 1870 was repealed and abrogated by the constitution of the state of ..... taxes upon all property taxable by law for state purposes and upon all privileges and polls taxable by law for state purposes ..... enacted by the general assembly of the state of tennessee that section 2 of an act entitled 'an act to establish taxing districts of the second class, and to provide the means of local government therefor,' passed march 30, 1885, be so amended as to read as follows: that section 8 of said act, passed april 1, 1881, be so amended as that the board of commissioners, after the debts of the taxing districts shall have first been compromised between said taxing districts and creditors, shall have power by ordinance within the district to levy .....

Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1978Bom119; (1977)79BOMLR499

..... ordinance was repealed and replaced by the maharashtra act 31 of 1974 under which the amendments made in the parent act were made ..... the judgment that constitutional validity of the maharashtra private forests (acquisition) act, 1975 being act 29 of 1975 as amended by act 72 of 1975 (hereinafter referred to as 'the acquisition act') has been challenged principally on three grounds, namely (a) lack of legislative competence, (b) contravention of article 301 of the constitution and (c) trenching done by the enactment upon the field occupied by or under the central act 67 of 1957 -- mines and minerals (regulation and development) act, 1957 -- and we shall deal with each of these grounds separately. ..... occurring in the operative part of section 3 must mean private forest as defined in section 2 (f), in which definition 'forest produce' is not included and as such on a strict construction of section 3 read with section 2 (f) forest produce of the private forests would not vest in the state; the contention is that by the amending act 72 of 1975 clause (vii) which spoke of 'all forest produce there-in, whether standing, felled, found or otherwise' which had been initially added ..... the high court dated 8-3-1976 was set aside by the supreme court on 1-11-1976 and the case was remitted to the high court 'to hear the parties on maharashtra private forests (acquisition) (amendment) act, act 72/75, and after hearing the rival contentions of the parties the high court will pronounce its judgment'. .....

Sri Durga Rice and Baba Oil Mills Co. Nidubrole Represented by Its Par ...

Court : Andhra Pradesh

Reported in : AIR1964AP266; [1964]15STC676(AP)

..... sri lakshmayya has next drawn our attention to a passages at page 256 in the 'legislative methods and forms' by ilbert and argues on the basis of that passage that an amending act throws the whole law into a crucible and, therefore, it should be regarded as not having an independent existence and that, consequently, it should be reserved for the presidential assent. ..... (b) and, consequently, it falls within the protection of the proviso and that since the requirement as to the assent of the president was not satisfied, the legislation is void; (ii) that the present act having been assented to by the president, the amending act could not become law unless and until the president had accorded his assent to it; and (in) that the impugned act was a colourable piece of legislation as in pith and substance this enactment has modified the central sales tax act, 1956 ..... what is stated these is that when amendments of minor importance are sought to be made in a statute, it is not advisable to repeal the old law and re-enact it with the necessary modifications.says the author:'even where there is only one act that need be amended, a proposal to repeal the whole act for the purpose of making a single amendment, or two or three amendments of minor importance, is open to many objections. ..... the principles enunciated in these passages would have been relevant if the amending act has to be reserved for the assent of the president and yet this has not been done by the legislative department. .....

Ch. Krishnaiah S/O. Balaramaiah Vs. Ch. Prasada Rao S/O. Jwala Ramaiah

Court : Andhra Pradesh

Reported in : AIR2010AP19; 2009(6)ALT82

..... to the question referred to us is that view of section 97(1) of the amendment act of 1976 the amendment made in sub-rule (2) of rule 11 of order xx of the civil procedure code 1908 amended by the madhya pradesh high court does not stand repealed and it holds as a valid law even now.19. ..... (supra), division bench of madhya pradesh high court considered question whether in view of section 97 of cpc (amendment) act, 1976, high court amendment in sub-rule (2) of rule 11 of order xx of cpc stood repealed. ..... out that amendment made by high court of andhra pradesh vide andhra pradesh gazette notification dated 30.11.1992 has been rendered unenforceable in view of code of civil procedure (amendment) act, 1999 (hereafter, 1999 act) and code of civil procedure (amendment) act, 2002 (hereafter, 2002 act).7. ..... involves consideration of various legal aspects and incidental principles, which arise in the applicability of the said provisions, vis--vis, the provisions of the amending act of the code of civil procedure and the distinguishing facts and circumstances existing in both the cases, ..... therefore, we hold that notwithstanding the repeal provisions in 1999 and 2002 amendments to cpc, order xxi rule 106(4) of cpc as inserted by the high court in exercise of powers under section 122 of cpc enables a party to proceedings to file application under section 5 of limitation act seeking condonation of delay in filing an application to set aside ex parte order passed under order xxi rule 106(1) .....

Smt. Saroj Vs. Smt. Imarta Saini and Others

Court : Allahabad

Reported in : 2000(4)AWC3152

..... in chapter iii of the amending act of 1994, certain provisions of municipalities act, were drastically amended and by section 163 in chapter iv of the amending act, the town areas act was repealed, the effect of which is that town areas act stands wiped of or say effaced. ..... it would, however, not be out of place to mention that the entire exercise on the point undertaken by sri ajit kumar is otiose for one simple reason that the town areas act, 1914, is no more on the statute book as it stands repealed by the uttar pradesh urban local self government laws (amendment) act. ..... since this provision, as said above, stands repealed and now the provisions of the municipalities act are directly applicable to an election petition with regard to the office of adhyaksh, nagar panchayat, the election petition filed by respondent no ..... munshi and others : [1963]3scr858 , to support his contention that an addition to the former act is not necessarily incorporated in the subsequent act and the repeal of the earlier act does not affect the provisions of the subsequent act bywhich the repealed provisions have been adopted. 7 ..... municipalities act and the repeal of the town areas act, the legal position, as it emerges, is that the election of the adhyaksh of a nagar panchayat is subject to challenge by a petition presented before the district judge under the provisions of section 20 of the u. p ..... after the enforcement of the constitution (74thamendment) act and the consequential amendment made in the u. p. .....

Devendra Kumar Vs. Jaidayal

Court : Madhya Pradesh

Reported in : AIR1981MP160; 1981MPLJ280

..... learned counsel appearing for the petitioner contended that by section 97(1) of the amendment act only that much of the provision which was inserted by the high court would be repealed which is inconsistent with the provisions of the 'principal act' as amended by this act and it was contended that this 'principal act, occurring in the last sentence of section 97(1) refer to the act i.e. ..... thus our answer to the question referred to us is that in view of section 97(1) of the amendment act of 1976 the amendment made in sub-rule (2) of rule 11 of order 20 of the civil procedure code 1908 amended by the madhya pradesh high court does not stand repealed and it holds as a valid law even now.12. ..... rules in the first schedule; but learned counsel frankly conceded that that question is not before this bench at present, he, however, contended that in section 97(1) of the amendment act of 1976 the phrase 'principal act' has occurred at two places and at both the places 'principal act' would mean the act inclusive of the schedules and thus sub-rule (2) of rule 11 as amended by the madhya pradesh high court is apparently inconsistent with sub-rule (2) of rule 11 as enacted in the schedule alter the ..... the learned single judge after hearing the revision petition felt that an important question arose as to whether the amendment act of 1976 amending the civil procedure code repealed sub-rule (2) of rule 11 of order 20 as modified by the madhya pradesh high court. .....

Shrimant Rajmata Vijaya Raje ScIndia, Gwalior Vs. Jyotiraditya ScIndia ...

Court : Madhya Pradesh

Reported in : AIR1993MP184

..... in so far as the effect of the constitution (26th amendment) act, 1971, is concerned, that is obviously a substantial question and that has far-reaching effect on the right agitated in the instant suit ..... merely because there is a subsequent enactment dealing with statutory right earlier accrued, there is no presumption of implied repeal; the law rather is that there is presumption against implied repeal and in any case legal presumption also exists against vested rights being impliedly impaired. 20. ..... other two questions as to whether deletion of article 362 and insertion of article 363a in the constitution resulted in the rule of primogeniture being abolished and section 5(ii) impliedly repealed are also loaded questions and these too are equally substantial questions meriting deferred decision. ..... iii) whether section 5(ii), hindu succession act, was impliedly repealed when the constitution was amended in above manner w.e. ..... taken that view, it is not necessary to deal with the argument of shri shukla of section 5(ii) being impliedly repealed as a result of the constitutional amendment. ..... the contention of shri shukla, however, is also that section 5(ii) is impliedly repealed by article 362 of the constitution which shall be examined in due course but, it is difficult, none-the-less, to hold that in virtue of any statement made in the plaint, it would appear that the suit is barred by article 363 ..... repeal of section 5(ii) of the act, but i have left'apen that question for the reasons .....

Baman Prasad Mishra Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1994(0)MPLJ977

..... - (1) the prevention of corruption act, 1947 (2 of 1947) and the criminal law amendment act, 1952 (46 of 1952) are hereby repealed. ..... covered under section 6 of the general clauses act will have to be continued further under the repealed law; and(ii) matters, which are not inconsistent with the provisions of the new act; further action on them will have to be taken under the new act, even though the cause of action for them may have arisen before the new enactment;the first situation continues the act, which has been repealed and the second situation makes the new ..... matter, the law, as at the present may be summarised, as under : -(i) offences committed under the repealed act are neither wiped out nor obliterated and a person committing offence under the repealed act will have to be punished either under the old act or under the new act, depending on the facts of the particular case;(ii) the sanction granted either under the repealed act or under the new act will be good for prosecution under either of them provided the same is otherwise valid ..... law somewhat retrospective in nature, without there being any specific provision in the act .....

Kanianwali Co-operative Farming Society at Kanianwali Through Its Secr ...

Court : Punjab and Haryana

Reported in : AIR1970P& H157

..... the punjab tenants (security of tenure) act (22 of 1950), as amended by the punjab tenants (security of tenure) amendmentact, 1951 (president's act 5 of 1951) was repealed and replaced by the punjab security of land tenures act (10 of 1953) (hereinafter called the principal act), on and with effect from april 15, 1953. ..... 'the area selected as permissible area under section 19-b, inserted by punjab act 4 of 1959 and amended by act 14 of 1962, has-not been made sacrosanct and is made expressly subject to the provisions of section 10-a, which includes clause (c).23. ..... 'his lordship made it clear beyond any doubt that it is true that ordinarily when a section is incorporated into the principal act by means of an amendment reference in that section to 'this act' means the principal act, and that it was only in view of the particular significance of sub-section (2) of section 1 of the amendment act of 1962 in the pepsu act that the construction placed on the particular expression in arjan singh's case, 1969 cur. l. j. ..... 6 of 1958) which was repealed by the amending act no. .....