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...either of the judgments any argument to the effect that “omission” would not amount to “repeal” has been raised and hence there was no occasion for this Court to consider the difference between “...textbooks; that no reason or rationale could be found to discern a distinction between “repeal” and “omission”; that the reason for this approach is obvious; that when this Court held that a rule is not an...different from a “repeal” and Section 6 of the General Clauses Act applies to a repealed law and not to omission. However, Shri Ganesh submitted that those observations made by this Court in Rayala...
... submitted that there is no difference between the expression "repeal" and "Omission". The decision of the Apex Court in Fibre Board case rendered the earli... Corporation case while discussing the difference between repeal and omission, the Apex Court observed as follows:
"17. Reference was next ma...above mentioned judgments of the Apex Court came to the conclusion that really there is no difference between the word 'repeal' and 'omission' by taking into consideration the effect of Section 6 (A) of...
...Section 6 of the General Clauses Act."
The Court then went ahead and nullified the effect of the above five- Judge Bench judgment with respect to difference between repeal ...,.
3.2 It is to submit that, one of the earliest authorities which brought up the question of 'at odds interpretation' between 'repeal' and 'omission' is the five- Judge Bench judg..., 1897 (the GC Act) for the purpose of distinguishing between the terms 'repeal' and 'omission', since Section 6 saves the power of prosecution and punishment for acts committed in a repealed legislation...
....
20. However, learned counsel for the petitioner contends that the legislature was conscious of the fact that there was appreciable difference between 'repeal' and 'omission' of a rule, ...the scope and object as stated. We have already traversed the background leading to the pronouncement in Kolhapur Sugarcane case. Thereafter, several cases of repeal and omission of rules pending before...considering the distinction between 'repeal' and 'amendment', speaking through Sen J, it held in para 18 thus ''Amendment is, in fact a wider term and it includes abrogation or deletion of a provision in...
...difference between repeal and omission. The Court held that
10 "31.once it is found that Section 6... brought up the question of at odds interpretation' between 'repeal' and 'omission' is the five- Judge Bench judgment of the Supreme Court in Rayala Corporation (P) Ltd. v...brought to the fore Section 6 of the General Clauses Act. 1897 (the GC Act) for the purpose of distinguishing between the terms 'repeal' and 'omission', since Section 6 saves the power...
...difference between repeal and omission. The Court held that
10 "31.once it is found that Section 6... brought up the question of at odds interpretation' between 'repeal' and 'omission' is the five- Judge Bench judgment of the Supreme Court in Rayala Corporation (P) Ltd. v...brought to the fore Section 6 of the General Clauses Act. 1897 (the GC Act) for the purpose of distinguishing between the terms 'repeal' and 'omission', since Section 6 saves the power...
...effect of the above five-Judge Bench judgment with respect to difference between repeal and omission. The Apex Court held that:
"31… once it is found that Section 6 itself...that practically there exist no difference between the two terms. A plain reading of these words repeal, omission and substitute will
31...authorities which brought up the question of interpretation between 'repeal' and 'omission' is the five-Judge Bench judgment of the Supreme Court in Rayala Corporation (P...
..., the Apex Court held that there is difference between an ‘omission’ and ‘repeal’. section 6 of the General Clauses Act...‘omission’ and not ‘repeal’. He submits that section 6 of the General Clauses Act is applicable to repeal and not to...applied only to repeal and not to omission. Whenever any provision/rule is omitted, all actions under the omitted rule/provision must stop where the omission finds them.14...
...w.e.f. 1stOctober 2009, and such a substitution amounts to omission only. For the difference between "repeal" and
"omission", he referred ...aforesaid proposition. He submitted that "repeal" of an Act is different from "omission" of a provision and only in "repeal" of an Act, notifications issued there under are saved by section 297(2)(k) and...or expression used in the earlier sections and new section. It is not a case of repeal or omission but a substitution. In support of his contention, he filed relevant extracts from the book "Principle...
...w.e.f. 1stOctober 2009, and such a substitution amounts to omission only. For the difference between "repeal" and
"omission", he referred ...aforesaid proposition. He submitted that "repeal" of an Act is different from "omission" of a provision and only in "repeal" of an Act, notifications issued there under are saved by section 297(2)(k) and...or expression used in the earlier sections and new section. It is not a case of repeal or omission but a substitution. In support of his contention, he filed relevant extracts from the book "Principle...
...new section was brought in the statute w.e.f. 1st October 2009, and such a substitution amounts to omission only. For the difference between "repeal" and "omission", he referred ...affect the aforesaid proposition. He submitted that "repeal" of an Act is different from "omission" of a provision and only in "repeal" of an Act, notifications issued there under are saved by..., but it has been substituted. There is no change of any language or expression used in the earlier sections and new section. It is not a case of repeal or omission but a substitution. In support of...
..., there is no difference between the amendment and repeal since both the term connotes substitution or omission or addition.
7. It is a settled proposition of law that...Dispute Act, 1947 had been amended and Section 2-A(2) had been expressly repealed. Due to such repeal of the provision, the findings and awards passed by the Labour Court cannot have any force in the...(Amendment) Act, 2010, Section 10 statutorily obligated a workman who approached the appropriate Government for his opinion in case of any dispute between the employer and the workman and if the...
..., there is no difference between the amendment and repeal since both the term connotes substitution or omission or addition.
7. It is a settled proposition of law that...Dispute Act, 1947 had been amended and Section 2-A(2) had been expressly repealed. Due to such repeal of the provision, the findings and awards passed by the Labour Court cannot have any force in the...(Amendment) Act, 2010, Section 10 statutorily obligated a workman who approached the appropriate Government for his opinion in case of any dispute between the employer and the workman and if the...
..., there is no difference between the amendment and repeal since both the term connotes substitution or omission or addition.
7. It is a settled proposition of law that...Dispute Act, 1947 had been amended and Section 2-A(2) had been expressly repealed. Due to such repeal of the provision, the findings and awards passed by the Labour Court cannot have any force in the...(Amendment) Act, 2010, Section 10 statutorily obligated a workman who approached the appropriate Government for his opinion in case of any dispute between the employer and the workman and if the...
..., there is no difference between the amendment and repeal since both the term connotes substitution or omission or addition.
7. It is a settled proposition of law that...Industrial Dispute Act, 1947 had been amended and Section 2-A(2) had been expressly repealed. Due to such repeal of the provision, the findings and awards passed by the Labour Court cannot have any force in...(Amendment) Act, 2010, Section 10 statutorily obligated a workman who approached the appropriate Government for his opinion in case of any dispute between the employer and the workman and if the...
..., learned standing counsel for the department, contends that Section 6 has no application to the omission of a provision. It has been specifically omitted. There is a vital difference between omission and ...not repealed; it was only omitted. So the embargo on courts is omitted. Omission is different from repeal and does not have the same effects of repeal. Consequently...Section 54 of the 1922 Act and Section 137 of the 1961 Act against disclosure of any material relating to assessments and so the omission, which is tantamount to. repeal, cannot be...
..., Bangalore (supra), answers the question in favour of the petitioner association and referred to certain paragraphs to bring out the difference between a “repeal” and “omission”. It is further su...) 2 SCC 116]. Explaining the effect of “omission”, “deletion” and “repeal”, reliance was placed on the decision of the Hon'ble Supreme Court in the case of...what is the effect of repeal or omission or deletion becomes entirely academic in the facts and circumstances of this case.38. At this juncture, it would be beneficial to refer to...
...the decision in Fibre Boards Private Limited, Bangalore (supra), answers the question in favour of the petitioner association and referred to certain paragraphs to bring out the difference between a “repeal” ...SCC 116]. Explaining the effect of omission”, deletion” and repeal”, reliance was placed on the decision of the Hon’ble Supreme Court in the case of...from 22.10.2009 and such omission is not saved in terms of Section 6 of the General Clauses Act as the said section deals with only repeal of any Central Act or regulation and the Control Order having...
..., therefore, include within it “omissions” made by the legislature.8. Shri Aggarwal, however, argued that there is a fundamental distinction between a “repeal” and an “omission” in...Clauses Act, 1897, and a passage in Halsbury's Laws of England. Ultimately, this Court arrived at the conclusion that an “omission” would amount to a “repeal” for the purpose of Section 24 of the...that in the case of a “repeal” the statute is obliterated from the very beginning whereas in the case of an “omission” what gets omitted is only from the date of “omission” and not before. This being...
...behalf of the appellant that Section 6 of the General Clauses Act has no application in the case because it does not apply to repeal of statutory rules and also because it applies only where there is...applicable to the repeal of the Rules and that the said provisions are applicable only to the repeal of a Central Act or regulation. The said decision in Rayala Corpn...the question that arises for determination is whether after omission of the old Rules 10 and 10-A and their substitution by the new Rule 10 by Notification No. 267/77 dated 6-8-1977 the proceedings...