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Ferrodous Estates (pvt) Ltd. Vs. P.gopirathnam (dead) And Ors.

Court : Supreme Court of India

..... relief of specific performance or not and the question, whether sub-section 3 of section 5 and proviso to section 5(3) and section 6 are applicable to this case or not, whether after repeal of the tamil nadu urban land (ceiling and regulation) act the claim of the defendants under the repealed act is no longer available or not, whether permission was necessary to effect alienation in pursuance of agreement of sale involved in this case and like matters can be decided only by the division ..... section 6 of the gc act enumerates, inter alia, that where the act repeals any enactment, unless a different intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed, and any such investigation, legal proceeding or remedy may be instituted, ..... 627, it is stated that: [m].oreover, where a repealing clause expressly refers to a portion of a prior act, the remainder of such act will not usually be repealed, as a presumption is raised that no further repeal is necessary, unless there is irreconcilable inconsistency between them. ..... this was only done, almost by way of an afterthought, by an additional written statement filed by the self-same defendants on 16.07.1986, in which it was pleaded: 2. .....

In Re: Agreement Relating to Nylon

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas357NULL

..... this view of the matter, however, would exclude a large number of users of commodities and a large number of commodities from the protective ambit of the monopolies and restrictive trade practices act.in view of this uncertain position and particularly in view of the decision of the supreme court referred to earlier, the term "consumer" in section 2(0)(ii) must be taken to include not only the consumers of the final ..... (1) of the constitution could not be understood in the limited sense of eating but in the wider sense of using and that in the absence of any words to limit the connotation of the word "consumption" to the final act of consumption it will be proper to think that the constitution-makers used the word to connote any kind of user which is ordinarily spoken of as consumption of the particular commodity. ..... saves the previous operation of the repealed regulations as if the repealing regulations had not been made but except that, the repealed regulations stand completely repealed and the procedure is thereafter governed by the repealing regulations. ..... on 13th july, 1974, the, 1970 regulations were repealed and in their place the monopolies and restrictive trade practices commission regulations, 1974 (hereinafter for the sake of brevity referred to as "the 1974 regulations") came ..... we may refer to regulation 87 of the 1974 regulations which provides that the 1970 regulations were repealed but the repeal shall not affect the previous operation of the repealed regulations. .....

Joy Thomas Vs. The Pala Municipality

Court : Kerala

..... present instance, we are, we are however, required to examine whether the draft master plan prepared under the now repealed town planning act survives in the light of section 113, the saving or the transitional provision of the ordinance. ..... in the second round of litigation, the respondent municipality seeks to justify the application of draft master plan on the following grounds: (1) that section 12 or 15 of town planning act has not prescribed any time limit for the sanctioning of the scheme after the draft has been published; (2) that the kerala town and country planning ordinance, 2013 (ordinance no.51 of 2013) ..... was promulgated by the government on 23.09.2013, and that later the government has re-promulgated the same ordinance in 2014 (ordinance no.16 of 2014), and (3) that section 113 of the ordinance dealing with repeals and savings has saved the draft development plan for the respondent municipality. ..... cases 11 of the operation of the master plan under the repealed act in terms of section 113 of the ordinance was eminently ..... (2) of the ordinance, being a saving clause, confers on the respondent municipality is that all the existing schemes under the repealed act will continue to be in force until a further point of time. ..... other matter which the parties might and ought to have litigated and have had it decided as incidental to or essentially connected with the subject-matter of the litigation and every matter coming within the 6 (1986) 1 scc100wpc3369714 & con. .....

Charles River Bridge Vs. Warren Bridge

Court : US Supreme Court

..... i close, it is proper to notice, and i shall do it briefly, another argument strongly pressed at the bar against the plaintiffs, and that is that the extension of the term of the franchise of the plaintiffs for thirty years, by the act of 1792 (erecting the west boston bridge, between boston and cambridge), and the acceptance thereof by the plaintiffs, amounted to a surrender or extinguishment of their exclusive franchise, if they ever had any, to build bridges over charles ..... and the legislature deal with the subject as if it were one exclusively within their own power, and as if the ferry right were not to be transferred to the bridge company, but to be extinguished, and they appear to have acted on the principle that the state, by virtue of its sovereign powers and eminent domain, had a right to take away the franchise of the ferry because, in their judgment, the public interest and convenience would be better ..... and public utility, and another bridge in the place proposed for the west boston bridge might diminish the emoluments of charles river bridge; therefore, for the encouragement of enterprise, the eighth section of the act declared "that the proprietors of the charles river bridge shall continue to be a corporation and body politic for and during the term of seventy years, to be computed from the day the bridge was first ..... the law under which the first grant was issued was attempted to be repealed, and all grants under it were declared to be null and void by the second act. .....

District of Columbia Vs. John R. Thompson Co., Inc.

Court : US Supreme Court

..... the municipal court of appeals held that the 1872 and 1873 acts were valid when enacted, that the former act, insofar as it applies to restaurants, had been repealed, but that the latter act was still in effect. ..... footnote 10 ] congress has had the power to repeal the 1872 and 1873 acts from the dates of their passage by the legislative ..... held: the acts of 1872 and 1873 survived subsequent changes in the government of the district of columbia, and are presently enforceable, except that the court does not reach the question whether the 1872 act was repealed by the 1873 act, and leaves that question open on remand of the cause to the court of ..... remains for consideration only whether the acts of 1872 and 1873 were abandoned or repealed as a result of nonuse and ..... 112 all like acts and parts of acts of congress applying solely to the district of columbia in force in said district on the day of the passage of this act are hereby repealed, except: ..... quashed the information on the ground that the 1872 and 1873 acts had been repealed by implication on the enactment by congress of the organic act of june 11, 1878, 20 stat. ..... said that the licensing authority of the commissioners over restaurants has been employed for 75 years without regard to the equal service requirements of the 1872 and 1873 acts, that no licenses have been forfeited for violations of those acts, and that the licensing authority of the commissioners has been employed in effect to repeal or set aside the provisions of those acts. .....

Adickes Vs. S. H. Kress and Co.

Court : US Supreme Court

..... united states, with and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in such courts, under the provisions of the act of the ninth of april, eighteen hundred and sixty-six, entitled 'an act to protect all persons in the united states in their civil rights, and to furnish the means of their vindication'; and the other remedial laws of the united states ..... for such persons; to prohibit persons traveling in intrastate travel from entering and using the waiting rooms not marked and provided for such persons"); (9) chapter 261 (act "to prohibit the use of profane, vulgar, indecent, offensive, slanderous language over a telephone"); (10) chapter 273 (separate schools to be maintained for white and black children) [ see miss.code ann ..... the provisions of the amended statutes, though apparently never explicitly repealed, appear in the 1880 mississippi code or in subsequent codifications ..... construction necessarily carried over to 1986, whose scope is keyed ..... [ footnote 3/28 ] section 1986 fits into this legislative scheme by providing a remedy against individuals who share responsibility for conspiratorial wrongs under 1985 by failing to make reasonable use of their power to ..... section 6 (now 1986) cast the net of civil liability even more widely by providing a remedy against any person who, having the ability by reasonable diligence to prevent a violation ..... , provided a scheme of three civil remedies, currently codified in 1983, 1985, and 1986. .....

D. Cawasji and Co. Vs. State of Mysore by Its Chief Secretary Bangalor ...

Court : Karnataka

Reported in : AIR1969Kant23; AIR1969Mys23; ILR1968KAR492; (1969)1MysLJ461

..... government pleader further argued that even if shop rent is not a duty of excise, it is one of the items of excise revenue on which the education act levies education cess; that there is material difference between the language of section 3 of, and schedule a to, the health cess act, and the language of section 9 of the amended schedule to, the education act; and hence the observations of the supreme court in shinde brothers' case regarding the nature and scope of health ..... learned special government pleader is right in contending that the scope of the amended schedule to the education act is wider that that of schedule 'a' to the health cess act, and that under the education act the levy of education is not confined to duties of excise only but still comes within excise revenue.66 ..... but after the mysore elementary education (amendment) act, 1955 repealed sections 7 and 8, the proceeds of education cess, which goes to the consolidated funds of the state, will be available for the benefit of the entire new ..... the effect of the repeal of sections 7 and 8 of the education act, is that the proceeds of education cess will go to the consolidated funds of the state and will become part of it, whereas before such repeal such proceeds would go to a separate earmarked fund for each district, and such fund had to be utilised only for meeting the expenses incurred on elementary education in ..... the 1941 act which provides for levy of education cess occurs in chapter iii and has not been repealed.4a. .....

Paleru Venkateswarlu and ors. Vs. Potina Venkateswarulu and anr.

Court : Andhra Pradesh

Reported in : AIR1973AP264

..... 1968 dated 31-12-1971 (andh pra) the learned judges in that case after observing that a contrary intention referred to in section 4 of the general clauses act from the provisions of the repealing act observed that under section 14 of the act the property vests in the charitable institution. ..... we are therefore satisfied that section 110 of the act neither expressly nor by necessary implications is retrospective in operation and consequently the pending suits in civil courts instituted validly under the repealed act 19 of 1951 and the substantive right of the plaintiffs to continue these suits in the same court have not at all been affected by sections 92 ..... since the provisions of the repealed act cease to be operative on commencement of the act, the civil court will frame schemes or give judgments in accord with the provisions of chapter iii of the act.why should it be presumed that nay scheme prepared by the civil court or any judgment given in pending ..... given to certain provisions of the act over corresponding provisions of the repealed act expressly has a specific purpose, after serving which the corresponding provisions of the repealed act ceases to be operative. ..... provisions of chapter iii after declaring that whatever may be the corresponding provisions of the repealed act the provisions of chapter iii shall prevail over them. ..... dealt with proceedings pending before government any officer, or authority under the repealed act and that it had no application to a pending suit in a .....

Andhra Pradesh State Road Transport Corporation Rep. by Its Executive ...

Court : Andhra Pradesh

Reported in : 2008(5)ALD787; 2008(5)ALT87; 2009LC(AP)790

..... effect of repeal: where this act, or any central act or regulation 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-(a) revive anything not in force or existing at the time at which the repeal takes effect; or(b) affect the previous operation of any enactment so repealed or any thing duly done or suffered thereunder; or(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(d) affect ..... the constitution bench, while expressing a similar view as in mohar singh air 1955 sc 84 held as under:when there is a repeal of a statute accompanied by re-enactment of a law on the same subject, the provisions of the new enactment would have to be looked into not for the purpose of ascertaining whether the consequences envisaged by section 6 of the general clauses act ensued or not - section 6 would indeed be attracted unless the new legislation manifests a contrary intention but only for ..... fact that the commission is vested with these powers under part-vii, unlike such powers being vested in the sebs and the licensees which succeeded to the sebs under the repealed acts, shows that the agreements entered into by the erstwhile board/licensees with the petitioners are inconsistent with the provisions of the 2003 act and, hence, sub-sections (2) and (5) of section 185 do not come to the rescue of the petitioners. .....

Rampur Distillery and Chemical Works Ltd. Vs. Commissioner of Income-t ...

Court : Allahabad

Reported in : [1965]55ITR338(All)

..... was no occasion for his being actually allowed depreciation in previous years; this difficulty was sought to be removed by the 1962 removal of difficulties assessment orders and so long as they were kept in force notwithstanding the repeal of the 1922 act and the 1949 act was in force, the central government retained the power to remove difficulties arising in applying the provisions of section 10(2) and (5) to assessee of the merged states. ..... , after giving the general power to remove difficulties under section 298(1) of the act of 1961, was at pains to lay down sub-section (2) of section 298 that the power to remove difficulties will include the power to provide for modification and adaptation subject to which the repealed act shall apply to all assessments pending on the 31st march, 1962, and prior thereto ..... any such order may provide for the adaptations or modifications subject to which the repealed act shall apply in relation to the assessments for the assessment year ending on the 31st day of march, 1962, or any ..... but for section 297(2)(c), the repealed act would have been had no application and, therefore, the difficulty which was to be removed was in the application of section 297(2)(c) of the act of 1961 and, in order to remove that difficulty, the removal of difficulties order, 1949, had to be modified or adapted by introducing the explanation and thus removing the repealed act to cases such as the present where the ruler had exempted the assessee from the application to .....