CiteTEXT
...the benefits of subsequently enacted legislation wiping off the debts cannot be denied to the insolvent merely on the ground that the estate of the insolvent has vested in the Official Receiver. By...the operation of subsequently enacted law, the debt ceases to exist and the creditor cannot make or enforce a claim before the Receiver nor can the Receiver recognise such a claim or debt whose existence has been erased by the opera...
...we find, as we have done in the instant case, that the agreement of sale, otherwise validly executed is hit by the subsequently enacted legislation. We can therefore determine the question of Its...respect of 2800 sq. yds. of land. Subsequently it was cancelled. On 27th Aug. 1964 second nbtification under Section 4 in respect of an area of 4161 sq. yds. was issued. Thereafter on 19th Dec. f963...
...decision of this Court in Pratap Narain Singh Deo (1976) 1 SCC 289. Nonetheless, in appropriate cases the principle of taking advantage of the beneficial legislation, subsequently enacted, is not...two-Judge Bench said:“We are finally determining the rights of the workmen today. The Act is a special legislation for the benefit of the labour. Keeping in view the...
...Court argued that since Tobacco Act, 2003 is a special Act and is a subsequently enacted legislation, it will have an overriding effect in all respects and that may include even the question of...in the matter, it has been held by the Supreme Court that Tobacco Act, 2003 being subsequently enacted special law, it will govern the field so far as manufacture and sale of tobacco products are...said subsequently enacted law is to prevail over the said PFA Act and the said Rules but that is not the fact situation so far as adulterated gutka or pan masala is concerned as the Tobacco Act, 2003...
...the comnnencement of the Act, an enquln, regarding the validity of the same in the light of the provisions contained in the subsequently enacted legislation having prospective effect only, is not at...provisions of the Act were notified later to come into appointed or prescribed date. Kerala Real Estate (regulation and development) Rules 201g, enacted as per section g4 of the Act, was later...
...Tobacco Act, 2003 is a special Act and is a subsequently enacted legislation, it will have an overriding effect in all respects and that may include even the question of adulteration of food article. It is...Tobacco Act, 2003 being subsequently enacted special law, it will govern the field so far as manufacture and sale of tobacco products are concerned with certain restrictions provided under the...food, then naturally the provisions of the said subsequently enacted law is to prevail over the said PFA Act and the said Rules but that is not the fact situation so far as adulterated gutka or pan...
...Tobacco Act, 2003 is a special Act and is a subsequently enacted legislation, it will have an overriding effect in all respects and that may include even the question of adulteration of food article. It is...Tobacco Act, 2003 being subsequently enacted special law, it will govern the field so far as manufacture and sale of tobacco products are concerned with certain restrictions provided under the...food, then naturally the provisions of the said subsequently enacted law is to prevail over the said PFA Act and the said Rules but that is not the fact situation so far as adulterated gutka or pan...
...that since Tobacco Act, 2003
is a special Act and is a subsequently enacted legislation, it will have an
overriding effect in all respects and that may include even the question of
adulteration of... 14. Considering the issue involved in the matter, it has been held by the
Supreme Court that Tobacco Act, 2003 being subsequently enacted special law...provisions of the
said subsequently enacted law is to prevail over the said PFA Act and the said
Rules but that is not the fact situation so far as adulterated gutka or pan masala
is...
...Act, which is subsequently enacted and Special legislation.
(3) Whether interference of the Appellate Court is necessary in this discretionary order of the learned trial Judge...erred in holding that this case will be governed under the provisions of the said Act which is subsequently enacted and special legislation. The learned Dist. Judge ultimately allowed the appeal and set...
....11. Subsequently in 1934, the second Road Traffic Act was enacted. The object of the said legislation was to satisfy the liability of the insured. Under the said enactment three...against the insurer. Subsequently, “the Road Traffic Act, 1930” was enacted which provided for the compulsory insurance of motor vehicles. The provision of the said Act is engrafted in Section 95 of.... Chapter VIII of the 1939 Act and Chapter XI of the 1988 Act have been enacted on the pattern of several English statutes which is evident from the report of “Motor Vehicles Insurance Committee, 1936-37...
...254 held in RATHI MENON's case that in appropriate cases, the principle of taking advantage of the beneficial legislation, subsequently enacted, had not been dissented by the larger Bench i.e...the beneficial legislation, subsequently enacted, is not dissented from by the larger Bench.”10. In the light of the above law laid by Hon'ble Apex Court, this Court is of the considered...face of record.8. This Court having noticed the NEELAKANDAN's case and also the fact that subsequent beneficial legislation which had been enacted would enure to the benefit of workmen...
...Financial Institutions Act, 1993 is a special Act. When the field is occupied by a special legislation enacted by a competent legislature and the same legislature subsequently enacts...another law which is of general nature, the general legislation cannot be taken to have displaced the special law which is in operation unless there is a specific provision made in the...members.The field of co-operative societies cannot be said to have been covered by the Central Legislation by reference to Entry 45, List I of the Seventh Schedule of the Constitution. Co...
...Financial Institutions Act, 1993 is a special Act. When the field is occupied by a special legislation enacted by a competent legislature and the same legislature subsequently enacts...another law which is of general nature, the general legislation cannot be taken to have displaced the special law which is in operation unless there is a specific provision made in the...members.The field of co-operative societies cannot be said to have been covered by the Central Legislation by reference to Entry 45, List I of the Seventh Schedule of the Constitution. Co...
...Company) was ordered to remove the bridge, or elevate it to the levels prescribed by statute. Subsequently, Congress enacted legislation by which the bridge was rendered a lawful structure and ships were...of the legislation, the haste with which it was enacted, and the surrounding circumstances, are relevant circumstances.83. It is argued by the learned Senior Counsel...legislation which we have on an independent scrutiny held to be within the legislative competence of the enacting legislature merely because the legislature has re-enacted the same legal provisions into...
...in either House of Parliament and can be subsequently enacted into legislation. It is, therefore, clear that while trying to ascertain the scope of the entries 18, 46 and 49 in the State List, that...court and in the Concurrent List there is no power of taxation and the Concurrent List merely deals with different matters of legislation and entry 47, which is the last entry in the Concurrent List...Mr. Nanavati because the power of Parliament to enact various pieces of legislation has to be read in the light of the provisions of the Constitution as well as the entries in the Lists in the Seventh...
...appellant was created when no tenancy legislation was in force and the appellant's rights became enlarged by reason of tenancy legislation enacted subsequently viz. the Bombay Rent Act. Hence, the...AIR 1966 SC 1721, (1966) 3 SCR 676 the rights of the tenant were enlarged by tenancy legislation enacted after the tenant was put in possession by the mortgagee. It is s...stretch of imagination can the appellant contend that his tenancy rights became enlarged after the mortgagee granted him the lease by subsequent legislation enacted for affording protection to tenants. The...
.... Subsequently, to re-enact a comprehensive legislation, the Juvenile Justice (Care and Protection of Children) Act, 2015 was re-enacted.16. The preamble of the J.J..., 1956, was enacted for the purpose of amending and codifying the law related to adoption and maintenance among Hindus.13. Sec. 2(1) of the HAM Act reads as follows...of any person in the family of his or her birth.15. The Juvenile Justice (Care and Protection of Children) Act was initially enacted in the year 2000...
...any one or any entity whether or not incorporated in so far as levy of sales tax is concerned, in cases where appropriate legislation has been enacted. 14. It may be recalled that transactions...subsequently enacted in conformity with Article 366 (29A). 15. As observed in one of the judgments of this Court in the case of
Commissioner of Sales Tax v. Ram Singh and Sons, (
1983...[
1970] 26 STC 241 (SC). The original legislative intent was restored by the 46th Amendment to the Constitution in 1982 and State legislation...
....”4. The Cable Television Networks (Regulation) Act, 1995 was enacted by Parliament in the Forty-sixth year Parliamentary Legislation and subsequently the State Provision...
...be invoked by any one or any entity whether or not incorporated in so far as levy of sales tax is concerned, in cases where appropriate legislation has been enacted.24. Transactions...subsequently enacted in conformity with article 366(29A).25. As observed in one of the judgments of this Court already referred to, clubs are an imported concept, and from 1939 and during the...[1970] 26 STC 241. The original legislative intent was restored by the 46th Amendment to the Constitution in 1982 and State legislation...