should be deemed to have been repealed by doctrine of desuetude and therefore levy
and recovery of sales tax on sale of lottery tickets cannot
years by 1963, as permitted
by the legal process known as "desuetude"
26. Shri Divan and Shri Shanti Bhushan would not agree with ... aforesaid decision at page 660.
Quasi-repeal of 1918 Notifications due to desuetude.
30. Learned Advocate-General's another submission relating
to implied repeal
scheme is no longer good law by virtue of the
principle of desuetude.
4. In regard to the first contention, it is pointed out that ... sought for the entire
route.
The doctrine of desuetude.
15. The next question, which is pressed before us, is that
whether, having regard
notification if any lost its force, learned Counsel submitted that doctrine of desuetude invoked by the petitioners is misconceived. According to the learned Counsel neither
principle
of disuse of legislation, which is known as 'doctrine of desuetude',
and relying upon the decision of Hon'ble Supreme Court ... petitioner-assessee. They also submitted that the
'doctrine of desuetude' as contended by the learned counsel for the
petitioner-assessee does not apply
petitioners arises from the plea of the applicability of the doctrine of desuetude.
Learned counsel has referred to Sutherland on Statutory Construction (5th Edn.)
Volume ... Supreme Court has held that in India, the doctrine of
desuetude does not appear to have been used so far but it found no objection
accepting the said recommendation. ...................... 25
c. As to whether the doctrine of desuetude would be applicable
to the facts of the present case ... purpose. It is therefore submitted
that in view of the doctrine of desuetude, the subject land no
longer remained a Forest Land and, therefore
years (wrongly mentioned as 55 years by the petitioners), the principle of desuetude will have to be observed as the provisions were never implemented ... noted, which is as below:
I hold it clear in law that desuetude requires for its operation a very considerable period, not merely of neglect
operation. The provision if any in the state
13
was in "desuetude" in the light of the decision of the Supreme Court ... argued that when a
provision of a statute is in desuetude it is not permissible to give effect to
such desuetude provision at a belated
case of petitioner in the light of principles of quasi repeal or
desuetude as Statute dated 23.09.1995 was never acted upon and as
such ... applicable. The Apex Court has occasion to
examine the concept of desuetude in the case of Municipal
Corporation for City of Pune and another
