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
respect to the
same matter reduced the punishment-State amendment if
impliedly repealed-Repeal followed by fresh legislation-
Section 6 of General Clauses ... respect to the same matter the West Bengal
Amendment Act stood impliedly repealed with effect from
April 1, 1976. [915 D-G]
Zaverbhai Amaidas
Clauses Act applies to all types of repeals. The
section applies whether the repeal be express or implied, entire or partial
or whether ... enactment so
repealed and in operation at the time of such repeal.”
29. A reading of this Section would show that a repeal
State enactment or at the best a case of an implied repeal. In this connection he invited our attention to some observations to be found ... might add that this point as to the effect of an implied repeal has arisen in a few other cases before this Court
repeals; (2) it was submitted that if the
expression 'repeal' in Section 6(b) be deduced as being
confined to express repeals, still ... repealed Act as if that Act was in force
at the time of repeal. In other words, whenever there is a
repeal of an enactment
express repeal. It is contended besides that there was no implied repeal either, and in any case Section 6 , General Clauses Act, or Section ... will not be affected by the repeal. The principle ought logically to apply to both express repeals and implied repeals. There is authority also
M/S Srinath Ji Furnishing Pvt. Ltd., ... vs Pr.Cit-5, Kolkata , Kolkata on 10
bench on the point
that an omission would not amount to a repeal for the purpose of Section 6 of the General
Clauses Act. Though ... Clauses Act applies to all types of repeals. The section applies
whether the repeal be express or implied, entire or partial or whether
Clauses Act applies to all
types of repeals. The section applies whether the
repeal be express or implied, entire or partial or
whether ... repeal by necessary
implication the same intention as that which would
attend the case of an express repeal. Where an
intention to effect a repeal
Clauses Act applies to all types of repeals.
The section applies whether the repeal be express or implied, entire or
partial or whether ... repeal by necessary implication the same intention as
that which would attend the case of an express repeal. Where an
intention to effect a repeal