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Home Dictionary Name: act Page: 6Shall have regard to the provisions of this Act
Shall have regard to the provisions of this Act, words 'shall have regard to the provisions of this Act' merely mean that 'where the new Act has slightly modified or clarified the previous provisions, these modifications and clarifications should be applied', Karam Singh Sobti v. Pratap Chand, AIR 1964 SC 1305: (1964) 4 SCR 647.The expression 'shall have regard to the provisions of this Act' merely means that where the new Act had slightly modified or classified the previous provisions these modifications and clarifications should be applied. These words did not take away what was provided by sub-s. (2) of s. 57 and ordinarily the old Act would apply to pending proceedings, S. Kartar Singh v. Chamanlal, AIR 1969 SC 1288: (1969) 1 SCC 760: (1970) 1 SCR 9....
Save as otherwise provided by or under the Act
Save as otherwise provided by or under the Act, the expression 'save as otherwise provided by or under the Act' in s. 44(3) of Motor Vehicles Act, 1939 should be construed in a harmonious manner so that sub-clause (b) is not reduced to a nullity. The expression 'save as otherwise provided by or under the Act' would in the context mean, 'save as otherwise expressly barred by or under the Act'. If there is a provision which expressly debars the exercise of the power under sub-clause (b) in any case then only the State Transport Authority will not be able to exercise the powers and discharge the functions given in sub-clause (b). Otherwise there would be no such bar, State of Rajasthan v. Noor Mohammad, AIR 1973 SC 2729 (2732): (1972) 2 SCC 454: (1973) 1 SCR 841. [Motor Vehicles Act, 1939, s. 44(3)(b)]...
Railways Clauses Consolidation Act, 1845
Railways Clauses Consolidation Act, 1845 (English) (8 & 9 Vict. c. 20), and Railways Clauses Act, 1863 (26 & 27 Vict. c. 92). These Acts contain general provisions as to the construction and management of railways, and were passed for the purposes of (1) avoiding the necessity of repeating such provisions in the special Acts by which each railway company is incorporated; and (2) securing uniformity in the provisions themselves. The Act of 1845 applies to all companies incorporated after its passing, except as expressly excepted by any special Act; the Act of 1863 applies only if expressly incorporated in a special Act....
Public Worship Regulation Act, 1874
Public Worship Regulation Act, 1874 (English) (37 & 38 Vict. c. 85). By this Act'which proceeds on the preamble that it is expedient that in certain cases further regulations should be made for the administration of the laws relating to the performance of divine service according to the use of the Church of England'it was provided that whensoever a vacancy should occur in the office of official principal of the Arches Court of Canterbury (see ARCHES COURT), the judge appointed under that Act should become ex officio such official principal, and all proceedings thereafter taken before the judge in relation to mattes arising within the province of Canterbury should be deemed to be taken in the Arches Court of Canterbury. The Court may be set in motion on representation by one archdeacon, or churchwarden, or any three parishioners declaring themselves to be members of the Church of England: (1) that in any church any alteration in or addition to the fabric, ornaments, or furniture thereof...
Paving Acts
Paving Acts. As to Local Government Districts, see the (English) Public Health Act, 1875 (38 & 39 Vict. c. 55); and as to London, see the (English) Metropolitan Paving Act, 1817 (57 Geo. 3, c. 29) [(English) 'Michael Angelo Taylor's Act'], the (English) Metropolis Management Acts Amendment Act, 1862, s. 77, and the amending Act of 1890 (53 & 54 Vict. c. 54)....
Borough Funds Acts
Borough Funds Acts. The (English) Borough Funds Act, 1872 (35 & 36 Vict. c. 91) (commonly called Leeman's Act), authorized borough councils and governing bodies of other urban districts to apply public funds under their control to promoting or opposing bills in Parliament or to prosecute or defend legal proceedings in the interest of their constituents, but will not allow of their indemnifying the chief constable for costs he has incurred in opposing a licensing appeal at Quarter Sessions, Tynemouth Corporation v. A.-G., 1899 AC 293; and the Borough Funds Act, 1903 (3 Edw. 7, c. 14), has materially amended that Act by requiring the resolutions of councils to promote bills to be submitted to public meetings, and dispensing with the consent of owners and rate-payers to incurring expense in opposing bills. See now the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 254 et seq., which consolidates and amends both the 1872 and 1903 Acts, but does not apply to London. See C...
Church Building Acts (English)
Church Building Acts (English). For the purpose of building and promoting the building of additional churches in populous parishes numerous Acts, commencing with the Church Building Act, 1818 (58 Geo. 3, c. 45), have been passed from time to time. for a list of eighteen of these Acts up to 1869, see the schedule to the New Parishes Acts and Church Building Acts Amendment Act, 1884 (47 & 48 Vict. c. 65).In the year 1856 the powers of the Church Building Commissioners were, by 19 & 20 Vict. c. 55, transferred to the Ecclesiastical Commissioners, a body incorporated by 6 & 7 Wm. 4, c. 77. See ECCLESIASTICAL COMMISSIONERS....
Defence of the Realm Acts
Defence of the Realm Acts, 1914 (4 & 5 Geo. 5, cc. 29, 63), Acts passed to confer on His Majesty in Council power to make regulations during the war with Germany for the defence of the realm. The power was of a very extensive nature. They were consolidated and amended by the (English) Defence of the Realm Consolidation Act, 1914 (5 Geo. 5, c. 8), the earlier Acts being repealed, and further amended by the (English) Defence of 'the Realm (Amendment) Acts, 1915 (5 Geo. 5, cc. 34, 37), and (5 & 6 Geo. 5, c. 42). These Acts ceased to be of effect on 31st August, 1921, the date fixed by Order in Council as the termination of the war. The (English) Defence of the Realm (Acquisition of Land) Acts, 1916 and 1920, provided for the occupation of land taken by the Government in connection with the war for two years (extended to five) after the termination of the war. See A.-G. v. De Keyser's Royal Hotel, Ltd., 1920 AC 508....
Gilbert Acts (English)
Gilbert Acts (English) , the Clergy Residences Repair Act, 1776 (17 Geo. 3, c. 53), introduced into Parliament by Mr. Davies Gilbert, providing for the building and repairing of parsonages, with the amending Acts 21 Geo. 3, c. 66, 7 Geo. 4, c. 66, 1 & 2 Vict. c. 23, and 28 & 29 Vict. c. 69, described as the Gilbert Acts in the marginal note of s. 64 of the Ecclesiastical Dilapidations Act, 1871. Mr. Gilbert also introduced 22 Geo. 3, c. 83, first establishing unions of parishes with guardians of the poor, superseded by the Poor Law Amendment Act, 1834, and repealed by the Statute Law Revision Act, 1871....
Judicature Acts
Judicature Acts, 1873, 1875 and 1925 (English) (36 & 37 Vict. c. 66, 38 & 39 Vict. c. 77, and 15 & 16 Geo. 5, c. 49); the 1875 Act came into operation on the 1st of November, 1875, and consolidated the pre-existing superior Courts into one Supreme Court, consist-ing of the High Court and the Court of Appeal. The 1925 Act consolidates the Judicature Acts, 1873-1910, and other enactments relating to the Supreme Court of Judicature in England and the administra-tion of justice therein; this 1925 Act has been amended in some minor particulars by the Admini-stration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), and subsequent Acts. See SUPEREME COURT OF JUDICATURE; Chitty's Statutes, tit. 'Judicature.'...
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