holding that Section 434 of the 2013 Act had impliedly
repealed the transitional provision brought in by the Amendment Act,
1988 . The relevant portion ... legislation repugnant, then the
previous legislation gets repealed impliedly. In support of his contention of
implied repeal he relied on State of Kerala
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provisions have been repealed and reenacted.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
Craies on Statute Law, 7th Edition, where the principles of implied repeal have
been discussed. He also relied upon the decision on the point ... implied repeal by the Supreme Court in the case of Municipal Council, Palai v. T. J. Joseph , . He submitted that there was no direct conflict
been declared to have been impliedly repealed because of the advent of the Prevention of Food Adulteration Act, 1954 , as amended.
13. It is, therefore ... Constitution may be applied for solving a question of implied repeal and that it should be seen "(1) whether there is direct conflict between
repealed and the repealing enactment is then repealed by another, which manifests no intention that the original Act shall continue repealed, the common law rule ... absence of any intention that original Act shall continue repealed, the repeal of the repealing Act would revive the original Act. The W. B. Amendment
Baliah (supra), one of the questions involved was whether there was implied repeal of Section 177 , I.P.C. in view of Section ... unpunished. In the present case, there can be no inference of implied repeal of Sections 419 and 420 , I.P.C. by Section
with the new enactment. Effect of non-obstante clause is the implied repeal of the inconsistent provisions appearing in the existing law. That being ... Code, which are inconsistent with the said enactment had suffered implied repeal in respect of a divorced woman, as a result of which the provisions
Sikkim. In my view, this is not a case of implied repeal. The Sikkim income-tax law, if any; has been categorically repealed by Section ... Fund Act, 1952, which covered the same field of legislation were impliedly repealed. At paragraph 15 of the said judgment , the Supreme Court held
Lordship further observed thus :--
Effect of non obstante clause is the implied repeal of the inconsistent provision appearing in any existing law. That being ... which are inconsistent with the said new enactment suffered implied repeal and that being the position Section 125, Cr. P.C. ceased to have effect
really, unnecessary. A new piece of legislation if validly enacted impliedly repeals existing law which is contrary to its term and this implied repeal does ... They are really part of the enactment and impliedly repeal any existing law to the contrary.
43. For these reasons I am satisfied that
