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Cases cited for the legal proposition you have searched for.

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1

...Section 276-DD of the Act on 1-4-1989. Since the effect of Section 6 of the General Clauses Act is to prevent obliteration of a statute in spite of its repeal and to keep intact the rights...acquired and liabilities incurred during its operation and permit continuance or institution of any legal proceedings or recourse to any remedy available before the repeal for enforcement of the same..., it is contended that the offences committed during the continuance of a statute can be prosecuted and punished even after its repeal, perhaps we would have agreed with this submission of the learned...


Court: Supreme Court Of India
Date: Sep 4, 2002 Cited By: 262 Coram: 1
2

...A.P GST Act) after its repeal.3. We are not adjudicating the merits of the controversy involved in these appeals but are confining our judgment to the limited question...of the jurisdiction of the Assistant Commissioner in initiating proceedings under the said A.P GST Act after its repeal. The brief facts which are imperative to dispose of these appeals are as...the Assistant Commissioner of Commercial Taxes was entitled to initiate and complete the penalty proceedings under the A.P GST Act subsequent to its repeal and introduction of the A.P VAT...


Court: Supreme Court Of India
Date: Feb 16, 2006 Cited By: 157 Coram: 3
3

...”), there was implied repeal of Section 133 of the Code of Criminal Procedure, 1973 (in short “the Code”), is questioned in these appeals.2. The factual background needs to...the Code.3. The main plank of their arguments before the High Court was that by enactment of the Water Act and the Air Act there was implied repeal of...submission.13. There is presumption against a repeal by implication; and the reason of this rule is based on the theory that the legislature while enacting a law has...


Court: Supreme Court Of India
Date: Aug 19, 2003 Cited By: 1547 Coram: 1
4

.... (1969) 1 SCC 255, (1969) 3 SCR 40, SCR at p. 48.) In other words, the substitution of a provision results in repeal of the earlier provision and its replacement by the new...provision. As regards repeal of a statute the law is thus stated in Sutherland on Statutory Construction:“The effect of the repeal of a statute where neither a saving clause nor a...general saving statute exists to prescribe the governing rule for the effect of the repeal, is to destroy the effectiveness of the repealed act in futuro and to divest the right to proceed under the...


Court: Supreme Court Of India
Date: Jul 8, 1996 Cited By: 1669 Coram: 2
5

...Section 4 of the Punjab General Clauses Act. Section 6 of the General Clauses Act lays down the effect of the repeal of an enactment. The section runs thus:“6. 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...the strength of this provision in the General Clauses Act it was contended on behalf of the State that the repeal of the Ordinance could not in any way affect the liability already incurred by the...


Court: Supreme Court Of India
Date: Oct 20, 1954 Cited By: 671 Coram: 3
6

....2. The Act has since been repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act 15 of 1999). The legislature of the State of U.P has since adopted the provisions of the...Urban Land (Ceiling and Regulation) Repeal Act, 1999 by a resolution as required by Article 252(2) of the Constitution. The repealing Act has since come into force in the State of U.P with...filed any reply to this affidavit.3. Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 provides as under:“4. Abatement of legal...


Court: Supreme Court Of India
Date: Jan 18, 2000 Cited By: 97 Coram: 1
7

...depriving the landholders of the benefit of the saving clause under Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short “the Repeal Act...recourse to the procedure laid down in those provisions.7. Referring to the provisions of the Repeal Act, the learned Senior Counsel submitted that the wide...provided under Section 10(3) of the Act, the requirement of Section 3(1)(a) of the Repeal Act shall stand satisfied and the land so vested and possessed by the State Government shall...


Court: Supreme Court Of India
Date: Mar 11, 2013 Cited By: 486 Coram: 2
8

...(2015) 10 SCC 333 , (2015) 376 ITR 596 has taken the view that an “omission” would amount to a “repeal”, after referring to several authorities of this Court, G.P...“omission” would amount to a “repeal” for the purpose of Section 24 of the General Clauses Act. Since the same expression, namely, “repeal” is used both in Section 6 and Section 24 of the..., however, argued that there is a fundamental distinction between a “repeal” and an “omission” in that in the case of a “repeal” the statute is obliterated from the very beginning whereas in the case of an...


Court: Supreme Court Of India
Date: Nov 24, 2015 Cited By: 529 Coram: 2
9

...Nabibai Tukaram Patil may be declared as abated in view of the repeal of the Act. The appellant asserted that the possession of the subject land was with him and at no point of time, his possession.... The Act came to be repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short “the Repeal Act”) on 22-3-1999. However, the State of Maharashtra did not adopt the Repeal Act...immediately. On resolution having been passed by the Maharashtra Legislative Assembly as well as the Maharashtra Legislative Council that w.e.f 29-11-2007, the Repeal Act came to be adopted and became...


Court: Supreme Court Of India
Date: Feb 29, 2012 Cited By: 99 Coram: 2
10

...appellants received monthly salary in the minimum pay scale with usual allowances.3. In 2006, the State Legislature passed the Bihar Agricultural Produce Market (Repeal) Act..., 2006 (hereinafter referred to as “the Repeal Act, 2006”) with effect from 1-9-2006. As a result whereof, the Bihar Agricultural Produce Markets Act, 1960 and the Rules framed thereunder in the...appeals the appellants are not challenging the validity of the Repeal Act. The claim of the appellants is that they have worked on daily-wage basis for a long period and cannot be relieved from service by...


Court: Supreme Court Of India
Date: Feb 25, 2014 Cited By: 141 Coram: 2
11

...750, the High Court reversed the judgment of the Income Tax Appellate Tribunal and held that as the notification declaring Thane to be an urban area stood repealed with the repeal of the Section...) repeals by implication Section 280-Y(d).15. Repeal by implication has been dealt with by at least two judgments of this Court. In State of Orissa v. M.A Tulloch and Co.... (1964) 4 SCR 461 , AIR 1964 SC 1284, this Court considered the question as to whether the expression “repeal” in Section 6 of the General Clauses...


Court: Supreme Court Of India
Date: Aug 11, 2015 Cited By: 181 Coram: 2
12

...the relief the Court can grant to the plaintiff?(3) If Ex. ‘1’ is a lease wholly of an accommodation, can the plaintiff claim possession based on the repeal of the...* * *”“43. Repeal and savings.— (4) The United Provinces (Temporary) Control of Rent and Eviction Act, 1947 (U.P Act No. III of 1947) is hereby repealed.(2...) Notwithstanding such repeal—* * *”17. We have in this case a temporary Act which would have died a natural death by the...


Court: Supreme Court Of India
Date: Nov 29, 1973 Cited By: 1751 Coram: 3
13

...Section 13(1)(e) of the Saurashtra Act. He further held that the repeal of the Saurashtra Act by the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter referred to as “The...to ejectment under Section 13(1)(e) of the Saurashtra Act on the ground of sub-letting could be enforced by a suit, notwithstanding the repeal of that Act. The District Judge, therefore...(1)(e) of the Saurashtra Act notwithstanding the repeal of that Act as the respondent had an accrued right within the meaning of Section 51, proviso (2) of the Bombay Act and confirmed the...


Court: Supreme Court Of India
Date: Aug 14, 1974 Cited By: 133 Coram: 2
14

...prosecution--Laws inconsistent with fundamental rights declared void-Whether prosecution can be continued--Absence of provision saving pending' proceedings--Effect of--Expiry of temporary laws or repeal of...proceeded with after the expiry of the statute by efflux of time. The effect of Art. 13(1) is quite different from that of the expiry of a temporary statute or the repeal of a statute by a subsequent...adapt and modify existing laws by way of repeal or amendment. There is nothing to prevent the President, in exercise of the powers conferred on him by that article, from repealing, say the whole or any...


Court: Supreme Court Of India
Date: Jan 22, 1951 Cited By: 499 Coram: 12
15

..., nature of penalty and contraventions are concerned. Section 81 of the Act repeals and saves thus:“81. Repeal and saving.— (1) The Foreign Exchange Regulation Act, 1947 (7 of...1947), is hereby repealed.(2) Notwithstanding such repeal—(a) anything done … under the Act hereby repealed shall, insofar as...Clauses Act, 1897 provides the effect of repeal thus:“6. Effect of repeal.— Where this Act or any Central Act or Regulation made after the commencement of this Act repeals any...


Court: Supreme Court Of India
Date: Aug 20, 1992 Cited By: 169 Coram: 1
16

..., Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994 (hereinafter referred to as “the 1994 Order”), after its repeal in the year 2004 by virtue of provisions contained in the Orissa (Non....13. The Government considering the financial constraint has decided to repeal the 1994 Order substituting it by the 2004 Order with effect from 5-2-2004, promulgated in exercise...-section (1) of Section 7-D of the Act.”14. The provision as to repeal and saving contained in Para 4 of the 2004 Order is extracted hereunder...


Court: Supreme Court Of India
Date: Sep 16, 2019 Cited By: 231 Coram: 3
17

...to the repeal or nullification would not be abrogated.17. Pausing here it is necessary to mention that after the judgment was delivered by the High Court in the two...more nor less than a repeal. If it thus was a repeal, then Section 6 of the General Clauses Act, 1897 was attracted. Section 6 reads:“6. 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...


Court: Supreme Court Of India
Date: Aug 16, 1963 Cited By: 406 Coram: 4
18

...thereunder, namely, Section 17 or Section 18 would not apply. The reason is — no doubt, the 1952 Act has been repealed by Section 57 of the 1958 Act, however, notwithstanding such repeal...Act. That says:“57. Repeal and Saving.— (1) The Delhi & Ajmer Rent Control Act, 1952 (38 of 1952), insofar as it is applicable to the Union Territory of Delhi, is...hereby repealed.(2) Notwithstanding such repeal, all suits and other proceedings under the said Act pending, at the commencement of this Act, before any court or other...


Court: Supreme Court Of India
Date: Aug 9, 1994 Cited By: 116 Coram: 2
19

...Urban Land (Ceiling and Regulation) Repeal Act, 1999 (in short “the Repeal Act”). Admittedly the State of Uttar Pradesh has since adopted the provisions of the Repeal Act by a resolution as required under...the Repeal Act reads as follows:“4. Abatement of legal proceedings.—All proceedings relating to any order made or purported to be made under the principal Act pending...filed, undisputed position is that the State has not taken the possession over the surplus land. Therefore, the proceedings have to be treated to have abated under Section 4 of the Repeal Act.7. That being so, the appeal deserves to be allowed which we direct....


Court: Supreme Court Of India
Date: Jul 13, 2007 Cited By: 69 Coram: 1
20

...Authority (GMDA) for construction of an office building for the said Authority. In the meantime on 12-12-2003 the Urban Land (Ceiling and Regulation) Repeal Act was notified which came into...considerable length. The Urban Land (Ceiling and Regulation) Act, 1999 repealed the principal Act w.e.f the date the State adopted the Repeal Act. In terms of a resolution...passed under clause (2) Article 252 of the Constitution, the Repeal Act was adopted by the State of Assam w.e.f 6-8-2003. We may at this stage usefully extract Sections 2 and 3 of the Repeal...


Court: Supreme Court Of India
Date: Nov 27, 2014 Cited By: 210 Coram: 2

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