Court : Andhra Pradesh
Reported in : AIR1971AP145; [1971]41CompCas1030(AP)
..... 'in that case the prosecution had been started case the prosecution had been started before the defence of india act ceased to be in force, and secondly the language introduced in the amended sub-section (4) of section 1 of the act had the effect of making applicable the principles laid down in section of the general clauses act, so that a legal proceeding could be instituted even after the repeal of the act in respect of an offence committed during the time when the ..... it will immediately be noticed that although section 6 may not have applied in its terms to an expiry of a temporary act, but the said provision by a legal equates the expiry of the act with that of its repeal by a central act and then applies the section 6 of the expiry of the act.32. ..... the difference between the effect of the expiration of a temporary act and the repeal of a permanent act is pointed out by parke. b. ..... it not merely saves 'anything done or omitted to be done before such expiry' but also applies the provisions of section 6 of the general clauses act 'upon the expiry of this act as if it had been repealed by a central act.'31. ..... section 6 of the general clauses act which in terms is limited in its application only to repeals has no application to an expiry of a temporary ..... of the general clauses act, 1897, shall apply upon the expiry of this act as if it had been repealed by a central act.' 9. ..... is true that there is a difference between the expiry of the temporary act and the repeal of an act by another. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal513,[1971]41CompCas603(Cal)
..... that subsection is repealed by the law of property act 1925 and re-enacted by section 136 of the act, the phrase 'legal thing in ..... pramila bala dasi 0065/1928 : air1928cal518 , a case decided before the insurance act came into force, the insurer was to pay to the wife of the insured, as his nominee, a certain sum payable ..... of his argument contended that the nominee who is a son of the deceased policy-holder is a beneficiary within the meaning of section 6 of the married women's property act 1874 and as such he has an absolute and indefeasible title to the money. ..... held that a nominee who is nominated under section 39 of the insurance act does not become the owner of the money payable to him under the policy and the nomination only indicates the person who should receive the money ..... indicates that the nominee does not acquire any title to the money by virtue of the nomination because if he did, he could not have been divested of his right, title or interest by any unilateral act on the part of the holder of the policy who nominated him. ..... trust created by section 39 in favour of the nominee, nor is he conferred as the nominee under section 5 of the provident funds act 1925, with the right to receive the moneys absolutely. ..... on a plain reading of sub-sections (5) and (6) of section 39 of the act it is clear to me that the only right which a nominee of an insurance policy has is the right to collect and receive the money, if he is alive at the date of maturity and if the policy-holder is .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj188
..... we, therefore, find that the plaintiff's right to revoke this adoption was absolute and if that is so, the provisions of hindu adoptions and maintenance act, cannot be construed so as to affect any right retrospectively unless we find anything either expressly or by necessary implications going to suggest that the legislature had intended to restrict such vested ..... therefore, even though the desertion might have taken place for a period of 4 years, no right to obtain divorce under the bombay act was acquired by the party deserted until he filed a suit because he had to know that the desertion continued right up to the date he filed the ..... it would, therefore, be a mistake to construe the provisions of the repealing act without simultaneously considering the impact of the saving clause on those provisions. ..... it is generally employed to restrict the repealing acts, and to protect the existing vested rights, and therefore, the rights and actions which are saved by it remain totally untouched by the operation of the repealing act. ..... sections 1 to 17 relate to adoptions, sections 18 to 28 relate to maintenance, section 29 repeals hindu married women's rights to separate residence and maintenance act of 1946 and sub-section (2) of section 30 of hindu succession act of 1956, while section 30 saves the adoptions which are made before the commencement of the act. ..... the saving clause of a repealing statute normally acts as an exception to the general operation of the statute in which it is found .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP211
..... its career, unless the legislature has either abolished the court to which an appeal then lay or has expressly or by necessary intendment given the act a retrospective effect.'21. as pointed out earlier, the construction that should be placed upon section 109 of the present act providing for repeals and savings must be a harmonious and equitable one consistent with the view to protect vested rights accrued to the parties but not to destroy ..... rights accrued to the parties and not saved by clauses (a) to the (d) of sub-section (2), for all these reasons, we must hold that the vested substantive right of appeal to the commissioner under the repealed act is preserved intact and the same has not been taken away expressly or by necessary intendment by section 109 of the ..... may enact a general saving statute which will save rights and remedies except where a subsequent repealing act indicate that it was not the legislative intention that the rights and remedies should be saved ..... such rights as are vested in or accrued to the petitioner under the repealed act by the application of the provisions of sections 8 and 18 of the andhra pradesh general clauses act, 1891, notwithstanding the repeal of the old act and mention of the specific maters sin section 109. ..... of statutes (12th edition), reads:'the effect of repealing acts passed after august 30, 1889, is now dealt with by section 38 (2) of the interpretation act, such repealing acts are unless the contrary intention appears, not to' .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H471
..... it is provided that moneys out of the consolidated funds of all union territories can be appropriated only in accordance with and for the purposes and also in the manner provided in this act and further that the custody of the consolidated fund of the union territory shall be regulated by rules made by the administrator of the said union territory with the approval of the president. ..... day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered ..... riot apply to the union territory of chandigarh, because no change has been made by the adaptation order in the preamble; and the act only applies to the territories of the punjab; (2) that the act has become ultra vires the constitution with effect from the date of formation of the union territory of chandigarh, in view of art, 276 of the constitution of india; and, therefore, no ..... two questions to the learned counsel for the respondents, namely, whether after the tax levied under the act has been credited to the consolidated fund of india does the union territory of chandigarh have any control ..... the state of punjab is concerned, it has repealed this act; and now in the territories of punjab, no ..... as the parent act was concerned, it stands repealed in the adjoining state .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj181
..... 'the effect of section 8(2a) is that what purported to have vested under section 8 (2) of ordinance xxvii of 1949 and which is to be deemed to be vested under section 8 of the act which repealed that ordinance, notwithstanding any invalidity in the original vesting or any decree or order of the court shall be deemed to be evacuee property validly vested in the custodian and any order made by the custodian in relation to the ..... it was pointed out that ordinance xxvii of 1949 was one of the enactments repealed by the act of 1950 and since the appellant's property purported to have vested as evacuee property in the custodian, the said vesting shall be deemed to be valid and the action taken by the custodian for vesting the said property ..... 8 (2) of ordinance xxvii of 1949 or section 8(2) of the act which repealed the ordinance; (3) makes the decrees and judgments to the contrary of any court in regard to the vesting ineffective: (4) makes the property evacuee property by its deeming effect; (5) validates all orders passed by the custodian in regard ..... of the validation of the vesting of the evacuee property made under the repealed law would act equally with regard to all persons whose property rights are similarly affected under the repealed laws. ..... , contended that even this latter decision shows that the legal impact of the addition of sub-section (2a) in section 8 of the act is confined only to those enactments which were defective or invalid before they were repealed by the act of 1950. .....
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT60
..... other technical difficulties, and the marriage could not be registered under the special marriage act and the order based on the said mutual consent of the parties had to be ..... (3) on october 26, 196 the respondent filed a petition under section 10 of the act the judicial separation as according to him, the appellant had abandoned him without any reasonable cause and with no intention to return the appellant in reply contested the respondent's claim ..... 28 of the hindu marriage act is directed against the judgment dated june 10, 1968 of the sub-judge, 1st class, delhi, exercising the powers of a district court under the hindu marriage act, 1953 (herein called 'the act') passing a decree for judicial sepiration in favor of the hasband, krishan lal khanna, the respondent herein, against the appellant-wife smt, raj khanna, under siction 10 of the act. ..... been a separation, 'the essential question always is whether that act could be attributable to an animus deserendi. ..... from certain facts which may not in another case be capable of leading to the same interence: that is to say, the facts have to be viewed as to the purpose which is revealed by these acts or by conduct and expression of intention both anterior and subsequent to the actual acts of separation. ..... proceedings whereas a result of a mutual settlement between the parties, she had agreed to gat the mairiage registered under section 15 of the special marriage act in order to apply for divorce by mutel cosent under section 28 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All544
..... the learned single judge, however, allowed the writ petition relying on the division bench case of air 1968 all 312 (supra) where it was held that:--'amendment brought in section 42 by the amendment act of 1954 apparently relates to change in the power of the executing court, but it does hit the substantive right of the decree-holder inasmuch as it places a bar against him to proceed against the immoveable property of the judgment ..... madhava kurup, air 1949 mad 809 in which it was held that where the executing court was not aware of the amendment of the rent restriction act by which the execution of a decree was prohibited and passed an ejectment decree against a tenant, the executing court could not execute the decree and any possession given under an ex parte order passed in execution of such a ..... it is accepted that a right had accrued to ram naresh on the passing of the decree to seek the execution thereof by attachment and sale of immovable property, that right was clearly saved to him by virtue of section 3 of the 1954 act it cannot, therefore, be accepted that the sale of the plots ordered in execution of the decree obtained by ram naresh was without jurisdiction or that it was a nullity.60. ..... points to the conclusion that if any person had obtained a money decree from a court of small causes before the commencement of 1954 act, he could get his decree transferred for execution to another court and could seek its execution by attachment and sale of immoveable property.56. .....
Tag this Judgment!Court : Allahabad
Reported in : [1971]79ITR248(All)
..... there was considerable argument on behalf of the petitioner that the assessment order, having been made by the income-tax officer under the act of 1961 when he had no jurisdiction to do so, must be held to be a nullity, and, consequently, so the argument goes, the appeal against that order must also be treated as a null and void proceedings and on that ground the remand ..... that the rectification order was null and void on that ground was repelled by the gujarat high court which, after holding that the proceedings would be governed by section 35 of the act of 1922, observed:'but that does not necessarily lead to the conclusion that the order of rectification made by the respondent was without jurisdiction. ..... the income-tax officer, in the first instance, issued a notice under section 23(2) of the indian income-tax act, 1922, asking the petitioner to produce evidence in support of the loss claimed by it and the income-tax officer gave two hearings to the petitioner ..... while the assessment proceeding was yet pending he issued a notice under section 143(2) of the income-tax act, 1961, and after affording the petitioner a hearing he completed the assessment by an order dated march ..... taking the case further from that point, namely, that it is an assessment order under the act of 1922, the appeal entertained and decided by the appellate assistant commissioner must be considered as a valid proceeding and the remand order as an order within the jurisdiction of the appellate assistant .....
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT49
..... when the government issued a notification on 19th july, 1965 under section 4 of the act it amounted to repeal of the notification issued under section 4 of the act dated 13.11.1959. ..... 1986 issued under section 6 of the act which includes the land of the petitioners can be traced to the notification dated 13th november, 1959 issued inder section 4 of the act ..... (iii) on 29th october, 1986 the main ground on which this notification was challenged related to the power of the successive notifications issued under section 6 of the act. ..... '(a)x x x (b) in relation to anything done or to be done after the cumnuencement of the constitution, mean the president, and shall include :- (i) xxx (ii) in relation to the administration of a part c state before the commencement of the constitution (seventh amendment act, 1956) the chief commissioner or the lieutenant-governor or the government of a neighbouring state or other authority action within the scope of the authority given to him or it under article 239 or article 243 of the constitution as the case ..... over the lieutenant governor, or as the case may be, the chief commissioner referred to in clause (a), (b) or (19) it will thus be seen that the powers which had been given to the chief commissioner to act under the land acquisition act en behalf of the president were now to be exercised by the lieutenant governor under the second notification the lieutenant governor thereforee, has the same powers as the central governmei..t for the purpose of the .....
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