Abrogate - Law Dictionary Search Results
Home Dictionary Name: abrogateLeges posteriores priores contrarias abrogant
Leges posteriores priores contrarias abrogant, [Lat.], subsequent lasws repeal prior conflicting ones. See Madan Lal Gupta v. Ravinder Kumar, (2001) 1 SCC 252.--2 Rol. Rep. 410.--(Later laws abrogate prior contrary laws.) See REPEAL....
abrogate
abrogate -gat·ed -gat·ing [Latin abrogare, from ab- off + rogare ask, ask for approval of (a law)] : to abolish by authoritative, official, or formal action : annul repeal [a recent addition to [section] 51B s statutory and common-law privileges "J. S. J. Elder and A. G. Rodgers"] ab·ro·ga·tion [a-brə-gā-shən] n ...
Abrogation
Abrogation [abrogatio, Lat.], the act of annulling; the repeal of a law. It stands opposed to rogation: it is distinguished from derogation, which implies the taking away only some part of a law; from subrogation, which denotes the adding a clause to it; from obrogation, which implies the limiting or restraining it; from dispensation, which only sets it aside in a particular instance; and from antiquation, which is the refusing to pass a law, Encyc. Londin....
Repeal
Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores priores contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment previously repealed. And by s. 38 of the same Act, where any Act passed after January 1st, 1890, repeals and re-enacts any provisions of a former Act, references in any other Act to the provisions so repealed are to be construed as references to the provisions so re-enacted, as had been already specially provided in the consolidating Public Health Act, 1875, by s. 313, and Factory and Workshop Act, 1878, by s. 102, and see R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29.Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p...
Abolition
Abolition [fr. abolir, Fr.; aboleo, Lat.], a destroying; also the leave given by the sovereign or judges to a criminal accuser to desist from further prosecution, 25 Hen. 8, c. 21.Abolition means, 'to destroy, extinguish, abrogate or annihilate', Gurdit Singh Aulakh v. State of Punjab, (1974) 2 SCC 592: AIR 1974 SC 2058. [Rules of Business of the Govt. of. Punjab, (1953) R. 28(1)(XXII)]Means the act of abolishing, the state of being annulled or abrogate; the legal termination of slavery in the United States; in civil law a sovereign's remission of punishment for a crime, Black Law Dictionary, 7th Edn., p. 5....
Inconsistent
Inconsistent, 'inconsistent', according to Black's Legal Dictionary, means mutually repugnant or contradictory; contrary, the one to the other so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other'. So we have to see whether mutual co-existence between s. 34 of the Bonus Act and s. 3(b) of the U.P. Act is impossible. If they relate to the same subject-matter, to the same situation, and both substantially overlap and are co-extensive and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all - then, only then, are they inconsistent, Basti Sugar Mills Co. Ltd. v. State of U.P., AIR 1979 SC 262 (269): (1979) 2 SCC 88: (1979) 1 SCR 590. [U.P. Industrial Disposes Act, 1947, s. 3(b)(c); Payment of Bonus Act, 1965, s. 34]According to Black's Legal Dictionary means 'mutually repugnant or contradictory, contrary, the one to the other so that both c...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Jura eodem modo destituuntur quo constituuntur
Jura eodem modo destituuntur quo constituuntur [Lat.], Laws are abrogated by the same means by which they were made.Laws are abrogated or repealed by the same means (authority) by which they are made. See Aphali Pharmaceuticals v. State of Maharashtra, (1989) 4 SCC 378: AIR 1989 SC 2227....
derogation
derogation [Latin derogatio partial abrogation of a law, from derogare to detract from the force of (a law)] : a taking away or detraction from something (as the force of a law) [the executive was without power to act in of international law "Jules Lobel"] ...
desuetude
desuetude [Latin desuetudo disuse, from desuescere to lose the habit of] : a doctrine holding that a statute may be abrogated because of its long disuse ...
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