Cause Courts Act, 1882 are also
applicable.
Statutory Interpretation--Doctrine of implied repeal--Ap-
plicability of.
HEADNOTE:
Under Section 80 of the Indian Railways ... Small Cause Courts Act, 1882 and
that it brought about an implied repeal of those provisions
as to the jurisdiction of
441
courts by itself
Repeal-Implied-Prevention of Food Adulteration Act, 1954-
Fruit Products Order, 1955-Sale of adulterated Vinegar-
Prosecution under Adulteration Act-Competence-If Fruit
Products Order ... impliedly repeals Adulteration Act.
HEADNOTE:
The respondent, who was selling Vinegar under a license
granted under the Fruit Products Order, 1955, made by the
Central
court held :-
Held, that at the basis of the doctrine of implied repeal is
the presumption that the legislature which must be deemed to
know ... repeal........................ for the intent of the
legislature to repeal the old enactment is utterly lacking."
The reason for the rule, that an implied repeal
establishment - 1950 Rules - Applicability
of.
Interpretation of statutes : Doctrine of implied repeal
- Applicability of.
HEADNOTE:
Recruitment to the ministerial establishment in the
Subordinate Civil Courts ... Courts can only be
inferred by relying upon the rule of implied repeal provided
the said rule is applicable
Motor Vehi-
cles Act, 1988--State Act whether impliedly repealed by
Parliamentary Act--State Act whether hit by Article 254 of
the Constitution.
HEADNOTE:
Constitution ... operating in the same area, it should be deemed to
have impliedly repealed the provisions of ss. 14 and 20 of
the Karnataka Act even
repeal' used in the opening paragraph
was not confined to express repeals but that the word was
comprehensive enough to include cases of implied ... repeals; (2)
Alternatively it was submitted that even if the expression
'repeal' in s. 6 be understood as being confined to express
repeals
Constitution then all repugnant
State laws would immediately stand impliedly repealed, even without
the Central Act being brought into force by a notification under
Section ... Kerala
Chitties Act, 1975 stood impliedly repealed. However, according to
the learned counsel, the previous operation of the Kerala Chitties
Act, 1975 is not affected
submission on behalf of the respondents based on the principle
of ‘implied repeal’ are entirely misconceived and erroneous. It is submitted that it
has been ... same subject matter, there is no presumption that the later
law impliedly repeals the earlier law. Heavy reliance is also placed upon the
decision
repealing clause to
a particular Act, it is a case of express repeal, but in a case where
doctrine of implied repeal ... principle of implied repeal, one has to see whether apparently
inconsistent provisions have been repealed and reenacted.
31. The implied repeal of an earlier
repealing the former. [766 A-C]
Repeal by implication 18 not ordinarily favoured by the
Courts But the principle, on which the rule of implied ... effect of displacing
the former by necessary implication. That such implied
repeal or displacement was within the contemplation of the
legislative authority which issued
