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Bhupati Bhusan Dalal Vs. Registrar of the Original Side

Court : Kolkata

Reported in : AIR1971Cal519

..... court, barring the right of an advocate to act in appeals from the original jurisdiction, must have become invalid on the coming into force of section 14 of the bar councils act and the very power of the high court to make such rules by virtue of the letters patent was taken away, by invalidating the letters patent, to that extent, by section 19(2) of the bar councils act, which has not yet been repealed providing-'when sections 8-16 come into force ..... this question is, however, academic, in view of my conclusion that since the bar councils act has not yet been repealed, even though section 34(1) of the advocates act has been brought into force, in the absence of any non obstante clause, section 34(1) cannot be construed so as to override sections 9(4) and 14 of the bar councils act, at least so long as they survive.54. ..... that limitation is that the power of the high court in relation to the right to practise is to be exercised within the limits of the 'original jurisdiction', by reason of sections 14(1)(a) and 9(4) of bar councils act and anything in clause 9 of the letters patent which went beyond that stands repealed since the coming into effect of section 19(2) of the bar councils act, 1926. ..... established by letters patent, this act shall have effect in respect of such court notwithstanding anything contained in such letters patent, and such letters patent shall, in so far as they are inconsistent with this act or any rules made thereunder, be deemed to have been repealed.'43. .....

Stoneware Pipes (Madras) Ltd. Vs. the Union of India

Court : Chennai

Reported in : AIR1971Mad442; [1971]41CompCas580(Mad)

..... to the president the said premium the presidentagrees................that if during the period ofinsurance..................the property insured or any part of such property shall suffer any loss or damage, being loss or damage caused by any act comprised in the expression 'emergency risks' as defined..............................the president will indemnify the insured against diminution in value caused by that loss or damage to the extent provided by or under the ..... state, where a similar view was taken when consideringthe effect of the repeal of the defence of india act, 1939, and the ordinance no. ..... it cannot therefore, be said that the deemed repeal contemplated by section 1(3) of the act saves the impugned proceedings. ..... in that event, section 1(3) provides"......................but its expiry shall not affect anything done or omitted to be done before such expiry and section 6 of the general clauses act, 1897, shall apply upon the expiry of this act as if it had been repealed by a central act. ..... but if the incurring of the liability is contingent upon determination of facts, and no such determination has been made before the act was repealed, no liability has obviously been incurred prior to the repeal. ..... should apply upon the expiry of the act as if it had been repealed by a central act. ..... the act had provided that in certain circumstances a person shall be liable to a sum of money either by way of debt, or to a fine or imprisonment, such liability incurred will survive the repeal. .....

Commissioner of Income-tax (Central) Vs. National Exhibitors

Court : Punjab and Haryana

Reported in : [1973]88ITR210(P& H)

..... , chandigarh bench, has referred the following two questions of law for our opinion : '(1) whether the substantive law of penalties could be held to be retrospective in character even in the absence of a specific statement in the act which renders it retrospective (2) whether the same substantive law as is operative from april i, 1962, onwards is to be applied in respect of the offences committed prior to march 31, 1962?' 2. ..... the repeal of the indian income-tax act, 1922 (hereinafter referred to as the repealed act),......... ..... department being dissatisfied moved the tribunal for a reference under section 256(1) of the 1961 act and that is how the aforesaid two questions of law have been referred for our opinion ..... a notice was issued under section 22(2) of the indian income-tax act, 1922 (hereinafter referred to as ' the 1922 act'), which was served on 26th july, 1961, asking the assessee- ..... therefore, we must proceed on the basis that section 271 of the 1961 act will apply to the present case because the assessment was completed after 1st of ..... 271(1)), its quantum has to be determined under the 1922 act, because the procedural law regarding penalty in the 1961 act would be applicable, but not the substantive law. ..... had not been filed in time, the income-tax officer issued a notice under section 274 of the income-tax act, 1961 (hereinafter referred to as 'the 1961 act'), calling upon the assessee to show cause why penalty under section 271(1)(c) of the 1961 act should not be imposed. .....

Harivansh Lal Mehra Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1971SC1130; 1971CriLJ842; (1971)2SCC54; [1971]SuppSCR113; 1971(III)LC512(SC)

..... that section read:where a customs duty at any rate prescribed by or under this act or any other law for the time being in force leviable on any articles when imported into, or any article when exported from, a port in india the central government may, by notification in the official gazette, direct ..... the notification in question must have been issued under section 5 of the indian tariff act, 1934 as it stood in 1950 (that section has been repealed now). ..... he contended that as the prevention of corruption act was not in force in goa at the relevant time, the appellant could not have been held guilty of an offence under that act. ..... it appears that there was a notification issued in the year 1950 declaring goa to be a foreign territory and thus bringing the exports from that country to india within the purview of land customs act. ..... the appellant was also acquitted of all charges excepting a charge under section 5(2) read with section 5(1)(d) of the prevention of corruption act. .....

K.N. Srinivasachari and anr. Vs. the State of Mysore

Court : Karnataka

Reported in : AIR1972Kant66; AIR1972Mys66; (1971)2MysLJ189

..... goldsmith's license prescribed by rules made under sections 8 and 10 of the mysore mines act, are saved under the second proviso to section 6 of the part b states (laws) act and continue to operate as if they were made under the corresponding provisions of the central act of 1948 and that even after the central act of 1948 was repealed by the central act of 1957, section 29 of the latter act has saved the rules made or deemed to have been made under the ..... central act of 1948- in other words, the contention of the learned government pleader was that ..... rules made under sections 8 and 10 of the mysore mines act, continue to operate as if they were made under the .....

United States Vs. U.S. CoIn and Currency

Court : US Supreme Court

..... 164-4, 164-5 (1964); north dakota: n.d.cent.code 1-02-17 (1959) (saves penalties, fines, liabilities, or forfeitures incurred under a repealed statute and provides that the repealed act remains in force for the purpose of enforcing such fines, penalties, or forfeitures; however, unless the repealing statute expressly provides otherwise, in cases tried both before and after the repeal, the repealing statute has the effect of "extinguishing any jail or prison sentence that may be, or that has been, imposed by reason ..... moreover, in 1871, congress enacted the following general statute which, among other things, saved ongoing criminal prosecutions from abatement following repeal of a penal statute: "[t]he repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the ..... since, as adopted, the amendment gave congress no power to extend the operation of the national prohibition act, which was deprived of its force by the action of the people in repealing the eighteenth amendment, the court concluded that the general saving provision had no application. .....

R.N. Aich Roy Vs. Hanuman Estates (P.) Ltd. and anr.

Court : Kolkata

Reported in : AIR1971Cal468

..... obligations, but it only provides that any proceeding pending on the 31st day of march 1956 may be continued or any proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment under the 1950 act and relating to the period before such repeal may be instituted or enforced as if the said act had been in force and had not been repealed or had not expired. ..... 40 of the west bengal premises tenancy act, 1956 which repeals the west bengal premises rent control (temporary provisions) act, 1950 and saves certain proceedings referred to in sub-section (2). ..... mitter, learned advocate appearing for the petitioner that after the repeal of the 1950 act the rights and obligations under the said act came to an end and cannot be enforced. mr. ..... in this connection we may refer to section 13 (1) of the west bengal premises rent control (temporary provisions) act, 1950, section 13 (1) provides as follows:--'sub-lease not to be binding in certain cases. ..... trade nexus private limited started a proceeding under section 16 (3) of the act in that proceeding the tenant of the first degree, namely, messrs. ..... trade nexus private limited served a notice under section 16 (2) of the act on its immediate landlord, the indian and eastern engineering company limited. .....

Chakradhar Mohanty Vs. Kumuduni Dei

Court : Orissa

Reported in : AIR1972Ori64

..... section 10(1), so far material for the present purpose, runs as follows:--'10 (1) either party to a marriage whether solemnised before or after commencement of this act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party- (a) has deserted the petitioner for a continuous period of not less than 2 years immediately ..... the appellant filed a petition under section 13 of the hindu marriage act, 1955 (hereinafter to be referred to as 'the act') praying for a decree for dissolution of his marriage with the respondent. ..... if in fact, there has been a separation, the essential question always is whether that act could be attributable to an animus deserendi. ..... the inference may be drawn from certain facts which may not in another case be capable of leading to the same inference; that is to say the facts have to be viewed as to the purpose which is revealed by those acts or by conduct and expression of intention, both anterior and subsequent to the actual acts of separation. ..... section 10(1) of the act contains the relevant statutory provision for passing a decree for judicial separation. ..... their evidence is more or less vague and does not refer to any specific act of adultery, p. w. .....

Thakur Dass Vs. Chagan Lal and ors.

Court : Allahabad

Reported in : AIR1971All563

..... , and in view of the provisions of section 132 (1) of the act of 1965, the right of a further appeal to the registrar against the order made by the assistant registrar in appeal conferred by rule 133-a of the co-operative societies rules under the act of 1912 does not survive in the absence of a provision for a similar appeal in the act of 1965.5. the repealing section of the 1965 act, namely, section 134 (1) in addition to repealing the act of 1912, has further provided, inter alia, that ..... however the state legislature passed the uttar pradesh co-operative societies act, 1966, (hereinafter referred to as 'the act of 1965') which came into force on the 5th april 1965, and section 134(1) thereof repealed the act of 1912 in the following words:--'134 (1) the co-operative societies act, 1912 (act 2 of 1912), as amended from time to time in its application to uttar pradesh is hereby repealed and the provisions of sections 6 and 24 of the u. p. ..... . general clauses act provides that legal proceedings commenced before the repeal of an uttar pradesh act may be continued and concluded as if the repealing act had not been passed ..... . general clauses act, the pending legal proceedings have to be continued under the act of 1912 and the rules thereunder as if that act had not been repealed.6 ..... i of 1904), shall apply to the repeal of the co-operative societies act 1912 (act ii of 1912), as if it were an uttar pradesh act. .....

Municipal Corporation of Delhi Vs. Daulat Ram (Died)

Court : Delhi

Reported in : ILR1971Delhi711

..... the commissioner was based in the present case and which was admissible in evidence under section 493 of the act and also under sections 32(2) and 35 of the evidence act was as follows: (1)the report of the municipal engineer dated 14-11-1957 reproduced in exhibit d-5. ..... the scope of judicial review of administrative action taken under section 348(1) of the act is the nature of the problem as to which the opinion has to be formed ..... and (c) the administrative or the quasi-judicial authority may be given the power to act if it is satisfied or is of the opinion that certain circumstances exist or are of such a ..... courts are, thereforee, entitled to know in judicially reviewing the administrative act whether the material, grounds or circumstances actually existed on which the ..... bihar buildings (lease, rent and eviction) control act, 1947 was held by the supreme court in ..... if, however, the administrative authority makes a fundamental misconstruction of the statute or acts in contravention of the fundamental provisions of a statute, then the finding of the administrative authority would be without jurisdiction and ultra virus and could be challenged in a civil court on ..... (1) under section 348(1) of the delhi municipal corporation act, 1957 (hereinafter called the act), 'if it appears to the commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building .....