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Bhag Chand S/O Buta Ram Sindhi Vs. Addl. Distt. Judge No. 5 and ors.

Court : Rajasthan

Reported in : RLW2008(3)Raj1857

..... 6 and 7 of the rajasthan premises (control of rent & eviction) act, 1950, which have been saved by section 32(3) (a) of the rajasthan rent control act, 2001, will be governed by the provisions of the old act of 1950, after coming into force of the new act of 2001 or will be governed by the provisions of the new act of 2001 as sections 6 and 7 of the act of 1950, having been impliedly repealed, by virtue of section 29 of the new act of 2001 as held by the division bench in kamal kishore's case ( ..... however, we also hold that the non obstante clause contained in section 32(3)(a) of the new act saving pending proceedings, shall not be applicable in case of fixation of standard rent or provisional rent under sections 6 and 7 of the act as having been impliedly repealed and shall be governed by the provisions of the new act without declaring section 6 of the old act and section 32 (3) (a) of the new act to be ultravires to the constitution of india or referring the decision of khem chand's case (supra) to a larger ..... however, the plaintiff within a period of one hundred and eighty days of coming into force of this act shall be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed act with liberty to file fresh petition in respect of the subject matter of such suit or appeal or any other proceeding under and in accordance with the provisions of this act and for the purposes of limitation such petition shall, if it is filed within a period of two .....

Babu Dhirendra Nath Roy Vs. Ijjetali Miah and ors.

Court : Kolkata

Reported in : AIR1940Cal423

..... of landlord's fees, when the holding was sold under a false description, as well as the procedure for enforcing the rights were dealt with together in the old act and as they have both been repealed and as the right is saved in respect of antecedent transactions under clause (c) of section 8, general clauses act, the remedy in my opinion is also saved under clause (e); and as the landlord had the right of presenting the application under section 26-j of the old ..... : air1940cal86 section 8, general clauses act (bengal) runs as follows:where this act, or any bengal act, made after the commencement of this act repeals any enactment hitherto made or hereafter to be made, then unless a different intention appears, the repeal shall not-(c) affect any right, privilege, obligation or liability acquired accrued, or incurred under any enactment so repealed: or(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed or(e) affect any investigation, legal proceeding ..... sen argues that as the right which arose under section 26(j) of the old bengal tenancy act is not affected by the repealing act, any legal proceeding or any remedy in respect of such right is also not affected, and under the provision of the last clause in the section any such legal proceeding : may be instituted, as if the old law was .....

Munna Lal Tewary Vs. Harold R. Scott and ors.

Court : Kolkata

Reported in : AIR1955Cal451,59CWN260,(1956)IILLJ474Cal

..... each house of the legislature of the state, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both houses of parliament or the house or both houses of the legislature of the state may make during the session in which they are so laid'.the learned advocate- ..... law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and ..... 19 owes its parentage to section 24, general clauses act which provides that where any central aet or regulation is, after the commencement of the general clauses act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any order, scheme, rule - i am leaving out the portions not material - issued under the repealed act or regulation shall,'so far as it is not ..... that the rules of 1889, though duly framed, having been repealed, they could not be re-enacted by a mere reference in the rules of 1891 and that for a valid re-enactment they would be' required to be repaid before the houses of parliament, as enjoined by sub-section (4) of section 101 of the act there was no evidence before the court whether the rules of .....

Bireswar Sirkar Vs. Collector of Central Excise and ors.

Court : Kolkata

Reported in : (2003)2CALLT523(HC),2003(162)ELT1170(Cal)

..... it was observed:'the effect of the repealed act of 1947 by operation of clause (e) of section 6 of the general clauses act read with sub-section (2) of section 81 of act is that, though the act obliterates the operation of act 7 of 1947, despite its repeal the penalty, liability, forfeiture or prosecution for acts done while the repealed act was in force were kept alive, though no action there under was taken when the repealed act was in force. ..... the provisions therein are not inconsistent with the provisions of gold control act and the provisions of section 6 of the general clauses act can be attracted in view of the repeal of gold control ordinance, 1968 as the gold control act does not exhibit a different or contrary intention, proceedings initiated under the repealed law must be held to continue.therefore, their lordships, dismissed the appeal filed by the petitioner before the apex court and upheld the show ..... state of rajasthan reported in : [1989]2scr152 the apex court has observed:'the scheme of the 1973 act does not manifest an intention contrary to, and inconsistent with, the saving of the repealed provisions of section 5 (6a) and chapter iii-b of 1955 act so far as pending cases are concerned and that the rights accrued and liabilities incurred under the old law are not affected. .....

T.Sivakumar Vs. Inspector of Police

Court : Chennai

..... in this totally changed scenario since we are called upon to interpret the law , we have no hesitation to hold that section 6(c) of the hindu minority and guardianship act, impliedly stands repealed by the provisions of the prohibition of child marriage act and so, it cannot be held any more that the bridegroom of a marriage with a female child is the natural guardian of such minor female child. 34. ..... with effect from 01.10.1978, since section 5(vi) and section 6 of the hindu marriage act were repealed , there was no other express provision declaring the child marriages as valid. ..... responding to the same, at last, with effect from 10.01.2007, "the prohibition of child marriage act, 2006" was brought into force thereby repealing the child marriage restraint act, 1929. ..... in view of these discussions, we hold that section 6(c) of the hindu minority and guardianship act stands impliedly repealed by the prohibition of child marriage act. ..... the adult male contracting party to a child marriage with a female child shall not be the natural guardian of the female child in view of the implied repealing of section 6(c) of the hindu minority and guardianship act, 1956. ..... state governments and union territory administrations on the recommendations of the national commission for women and the national human rights commission, had decided to accept almost all the recommendations and give effect to them by repealing and re-enacting the child marriage restraint act, 1929. 18. .....

Bal Bharati Public School Vs. Union of India and Others

Court : Delhi

..... and re-enacted with or without modification, then, unless it is otherwise expressly provided any appointment notification, order, scheme, rule, form or bye-law, made or issued under the repealed act or regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment notification, order, scheme ..... notifications issued by the state government in exercise of powers conferred upon it under section 5-a(1) of the 1947 act (since repealed) empowering and authorizing the inspector of police to investigate the cases registered under the said act, are not saved under the saving provisions of the re-enacted act; and (b) whether the aforesaid notification being not inconsistent with the provisions of the re-enacted act, continues to be in force and be deemed to have been issued under the prevention of ..... dated march 13, 2000, this demand was refuted by the appellant on the premise that notification dated april 09, 1997 stands repealed after amending act no.10 of 1998 and since no fresh notification has been issued by the central government specifying the educational institutions to be included in the establishment or class of establishments covered in the first proviso to section 6 of the act the appellant cannot be treated to be included within such class of establishments requiring to pay contribution at the enhanced .....

Kalpana Mehta and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

..... amritpal singh 100 , while dealing with a trade mark case under various sections of the trade and merchandise marks act, 1958 [repealed by the trade marks act, 1999 (47 of 1999), this court referred to the eighth report on the trade marks bill, 1993 submitted by the parliamentary standing committee which was of the opinion that 99 (2017) 7 scc243100 (2015) 16 scc795109 any symbol relating ..... is an august body of coordinate constitutional position does not mean that judicially manageable standards to review exercise of its power; (g) while the area of powers, privileges and immunities of the legislature being exceptional and extraordinary its acts, particularly relating to exercise thereof, ought not to be tested on the traditional parameters of judicial review in the same manner as an ordinary administrative action would be tested, and the court would confine itself to the acknowledged parameters ..... , in the present action, there cannot be any objection to it being proved what the plaintiff or the prime minister said in the house (particulars 8.2.10 and 8.2.14) or that the state owned enterprises act 1986 was passed (particulars 8.4.1). ..... . murphy, 1986 (5) nswlr 18, hunt ..... murphy, (1986) 5 nswlr 18 is another judgment where article 9 of bill of rights was considered in the context of parliamentary ..... privy council held that the australian view in murphy was not correct, so far as the rest of the commonwealth is concerned, because it was in conflict with a long line of 17(1986) 64 a.l.r. .....

Managing Director, Kerala State Beverages Corporation Vs. P.B.Gopi

Court : Kerala

..... the nigam treating the same to be a matter of policy nor was it permissible for the nigam on the basis of such a direction of the state government in the policy matter of the nigam to take an administrative decision acting under section 15(1) of the act as the same would be inconsistent with regulation 31 which was framed by the nigam in the exercise of powers conferred upon it under section 97(2)(c) of the ..... out that the terms and conditions of the service of the employees of the banks which were taken over under the act had been protected by the act and it was not possible to hold that there had been any hostile discrimination against the petitioner in that case. ..... which they were registered is the statutory scheme which permitted them to continue till 60 years of age whereas the corporation employees were governed by 1986 rules which prescribes the age of superannuation as 55 years and subsequently enhanced to 58 years. ..... be inferred that the regulation 31 stands repealed in view of subsequent regulations, 2005.36. ..... engineers (public health branch) regulations, 1978' special regulation; it will not be affected by later regulation 4 of the uttar pradesh jal nigam (retirement on attaining age of superannuation) regulations, 2005, in absence of express repeal of special regulation. ..... the nigam shall not be guided by the state government's order dated 29th june, 2009 but will continue in the services up to the age of 60 years, in view of regulation 31, having not yet amended or repealed. .....

Willing Vs. U S

Court : US Supreme Court

..... is in these words: 'and be it further enacted, that when any ship or vessel, which shall have been registered, pursuant to this act, or the act hereby, in part, repealed, shall, in whole, or in part, be sold, or transferred to a citizen or citizens of the united states, or shall be altered in form, or burthen, by being lengthened, or built upon, or from one denomination to another, ..... 'when any ship or vessel, which shall have been registered pursuant to this act, or the act hereby, in part repealed, shall, in whole, or in part, be sold or transferred to a citizen or ..... according to british authorities, though they relate only to the validity of the transfer as between the parties, it is said 2 east, 404 that 'if the act of parliament (dictating this measure) were to be considered as giving an indefinite time (or even a reasonable time, after the execution) for the compliance with its requisites; it would ..... consequence more injurious, would not proceed from a sale to an alien, and yet, in the case of a sale to an alien, the act of congress declares the forfeiture of the american privilege in express words; as being incurred, eo instanti, on the sale; but no such declaration ..... defence was suggested, upon a principle, which would equally apply to a charge of foreign duties, made in consequence of any other description of forfeiture, and disability, under the acts of congress; though the secretary of the treasury was vested with a special power of remission and mitigation in such cases. .....

Kendall Vs. Stokes

Court : US Supreme Court

..... conferred on the circuit courts by the eleventh section of the repealed act of 13 february, 1801, is much broader than that given to them by the eleventh section of the act of 1789; that the act of 1801 covers the whole ground of the constitution. ..... the legislature was imposed the duty to give it effect; it was wide as the land, and extended to every portion of it, and by the judiciary act of 1789, section 13, congress attempted to invest the supreme court of the united states with the power to issue writs of mandamus to persons holding office ..... in march, 1802, still, as the district act of 27 february was not repealed, the act adopted by it became a part thereof so far ..... suppose we imply parts of the act of 13 february, 1801, not to have been repealed within this district, can we found on this implication the additional one that the act conferred on the circuit court of the district the high prerogative power to issue writs of mandamus, coercing the secretaries and other officers of ..... is derived from the judiciary act of 13 february, 1801, to which the act of 27 february establishing the circuit court of the district must also have had reference, and although the act of 13 february was repealed on the coming in of ..... repealed act of 13 february, 1801, declares "that the circuit courts [then established] shall have and are hereby invested with all the powers heretofore granted by law to the circuit courts of the united states unless otherwise provided by this act ..... repealing clause to the act .....