still in force and in any event has been impliedly repealed by Delhi Land Reforms Act, 1954 , are some of the questions involved in these ... repeal.... for the intent of the Legislature to repeal the old enactment is utterly lacking."
The reason for the rule that an implied repeal
repeals provisions of 1972 Act. Section 59 of 1973 Act which contain provisions of repeal and saving does not specifically mention repeal ... specific repeal. It not being a case of specific repeal, the question is as to whether from the provisions of 1973 Act any implied repeal
statutes, the
question of the Customs Tariff Act provisions impliedly repealing the
provisions of Section 33(1)(j) of the MRTP Act do not arise ... jurisdiction stood ousted or
that the provisions of Article 85 stood impliedly repealed by the anti-
dumping code in respect of imports. Mr. Divan also
imply a negative" (Harcourt v. Fox).
23. As regards the doctrine of implied repeal, another aspect of the matter ought to be noticed ... with matters. At the cost of repetition we say that while implied repeal is not to be readily inferred but in the contextual facts, upon
learned counsel for the respondent are accepted, it would
result in implied repeal of substantial part of section 3 of COFEPOSA ... statutory provisions is that courts as a rule lean against implied repeal
unless the provisions are plainly repugnant to each other. There is
also
imply a negative" (Harcourt v. Fox).
23. As regards the doctrine of implied repeal, another aspect of the matter ought to be noticed ... with matters. At the cost of repetition we say that while implied repeal is not to be readily inferred but in the contextual facts, upon
subsequent notification the first notification must be held to be impliedly repealed.
5. The learned Single Judge in his judgment impugned in
this appeal held ... terms of the aforementioned provisions therefore the
doctrine of implied repeal in a case of this nature should be applied.
40. In Ratan Lal Adukia
repealing provision, it gives out an intention not to repeal the existing legislation. The burden to show that there has been a repeal by implication ... lies on the party asserting it. Courts lean against implied repeal. If by any fair interpretation both the statutes can stand together, there will
statutes, the
question of the Customs Tariff Act provisions impliedly repealing the
provisions of Section 33(1)(j) of the MRTP Act do not arise ... jurisdiction stood ousted or
that the provisions of Article 85 stood impliedly repealed by the anti-
dumping code in respect of imports. Mr. Divan also
repeal of the 1973 Regulations. According to the learned counsel, the expressed repeal of an earlier enactment being the rule and implied repeal being ... that the 1996 Regulations do not expressly repeal the 1973 Regulations yet such repeal must be necessarily implied in the facts of the case
