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1 - 7 of 7 (0.99 seconds)Seshasayee Paper And Boards Ltd. vs State Of Kerala on 14 July, 2003
7. The effect of an ordinance in the nature of the
subject Ordinance introduced solely for the purpose of
repealing the obsolete enactments has not been considered in
D.C. Wadhwa v. State of Bihar, (supra), Seshasayee
Paper and Boards Ltd. v. State of Kerala, (supra) and
State of U.P. v. Dinkar Sinha, (supra) relied on by the
learned counsel for the petitioners and as such, the said
decisions may not have any application to the facts of this case.
State Of Haryana & Ors vs Amar Nath Bansal on 15 January, 1997
"19. If the provisions of Section 3 of Ordinance No. 1 of S. 2005
and Section 3(1) of Ordinance No. 16 of S. 2005 are construed in
the light of the principles laid down by this Court in Bhupendra
Kumar Bose9 it must be held that the object underlying the said
provisions was to exclude the applicability of the laws of other
Covenanting States in the territory of PEPSU by repealing them
absolutely and to apply the laws applicable in Patiala State in the
entire territory of PEPSU. Since the repeal of the laws of other
Covenanting States by Ordinances Nos. 1 and 16 of S. 2005 was
intended to be for all times, the expiration of the said Ordinances
would not mean that the effect of the said Ordinances regarding
non-applicability of the laws of other Covenanting States in the
territory of PEPSU was nullified on the expiration of Ordinance No.
16 of S. 2005. In view of the express terms used in the said
Ordinances it must be held that Jind State Civil Service
Regulations, 1945 stood repealed absolutely and ceased to have
any application after the Rajpramukh of PEPSU took over the
administration of Jind State on 20-8-1948."
Dr. D.C. Wadhwa & Ors vs State Of Bihar & Ors on 20 December, 1986
7. The effect of an ordinance in the nature of the
subject Ordinance introduced solely for the purpose of
repealing the obsolete enactments has not been considered in
D.C. Wadhwa v. State of Bihar, (supra), Seshasayee
Paper and Boards Ltd. v. State of Kerala, (supra) and
State of U.P. v. Dinkar Sinha, (supra) relied on by the
learned counsel for the petitioners and as such, the said
decisions may not have any application to the facts of this case.
T. Venkata Reddy Etc. Etc vs State Of Andhra Pradesh on 27 March, 1985
In other words, this decision shows that in some cases the
repeal effected by a temporary Act would be permanent and
would endure even after the expiration of the temporary Act.
We have referred to this aspect of the matter only by way of
WPC 3808 & 12664 of 2016 8
analogy to show that no inflexible rule can be laid down about
the effect of the expiration of a temporary Act."
Relying on the said proposition, it was held by the Apex Court in
the said case that having regard to the object of the ordinance
and the rights created by the validating provisions, it would be
difficult to accept the contention that as soon as the ordinance
expired, the validity of the election came to an end and their
invalidity revived. It was also held by the Apex Court in the said
case that the rights created by the ordinance in the said case
must be held to endure and last even after the expiry of the
ordinance. The proposition of law laid down by the Apex Court
in the said case has been followed by the Apex Court in T.
Venkata Reddy v. State of A.P., (supra). Paragraphs 19 and
20 of the said judgment read thus :
Kerala Land Acquisition Act, 1961
The Land Acquisition Act, 1894
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