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 ... repeal, one has to see whether
apparently inconsistent provisions have been
repealed and reenacted.
Crl.R.P.No.567/2011
31
31: The implied repeal
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 ... earlier law is the basis upon
which the doctrine of implied repeal is founded could there be any incongruity
in attributing to the later legislation
Clauses Act applies to all types of repeals. The
section applies whether the repeal be express or implied, entire or partial or
whether ... earlier law is the basis upon
which the doctrine of implied repeal is founded could there be any incongruity
in attributing to the later legislation
Rajkumari Amrit Kaur vs Maharani Deepinder Kaur And Others on 1 June, 2020
Equivalent citations
been impliedly repealed. Once neither there is an express repeal nor there is any implied repeal and new sub-section (4) of Section ... come into play only when there is repeal in any form i.e. express repeal or implied repeal. Merely because constitution of Tribunal has been
under:-
"18. The courts, as a rule, lean against implying
repeal unless the two provisions are so plainly
repugnant to each other than they
repealing clause repeals only the Freedom of Information Act, 2002
and not other laws. The Right to Information Act has not repealed
the Official Secrets ... obstante clause of the RTI Act does not mean an
implied repeal of the High Court Rules and Orders framed under
Article
