Mysore Tenants (Temporary Protection From Eviction) Act, 1961 which will be referred to as the temporary legislation cannot be accepted, since in this civil petition ... evict his tenant is a temporary embargo banning the eviction of tenants only during the period the temporary legislation is in force
only till then. The sections of the temporary Acts prescribing successive dates of expiry of the temporary legislation were repealed. With reference to the lease ... respondents herein:
The sections of the three temporary Acts prescribing successive dates of expiry of this temporary legislation were repealed. The result is that
tenant. But a 'tenant' as defined in various temporary legislations is somewhat different. Though the word 'tenant' was defined ... land and their right to continue cultivation is protected by these temporary legislations. The difference between the 'tenant' under the Orissa Tenancy
till then.
The sections of the three temporary Acts prescribing successive
dates of expiry of this temporary legislation were repealed.
The result is that ... temporary legislation was only a temporary repeal. When
by fiat of Parliament the temporary repeal expired the original
legislation automatically resumed its full force
temporary Act was extended from time to time by
successive temporary Acts till March 31, 1936. The last such
temporary Act contained an express provision ... temporary legislation was only a
temporary repeal and when the temporary repeal expired the
original legislation automatically resumed its full force.
If the provisions
Association has taken the following stand: -
(i) Gold Control Act is not temporary Act;
(ii) Section 6 of the General Clauses Act applies;
(iii) Appeal ... taken away by legislation; (v) Section 6 is not applicable to temporary legislation; Temporary legislation is for particular Act and it is for a particular
grave illegality. He has drawn
the distinction between 'temporary legislation' and 'ordinance' basing
on the principle laid down by the Apex ... supra), wherein the larger Bench
drawn the distinction between the 'temporary legislation' and
'ordinance' with reference to Section
Bihar (2017) 3 SCC 1 wherein, the question of a
temporary legislation and ceasing of the Ordinance was considered. It was
categorically held therein that ... temporary legislation is distinguishable
from ordinances and power of legislature to enact temporary legislation
flows from plenary power of the legislature to enact law; that
November 1988; the said Notification is an example of
Temporary Legislation because it was time bound and expired on
its own terms without any Savings ... Clause and without any
successor; temporary Legislation is not subject to the provisions
of Section 6 of the General Clauses Act, 1897 as has been
Motor General Traders & Anr. Etc. Etc vs State Of Andhra Pradesh & Ors. Etc
