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Showing posts with label HARKESH CHAND Vs. KRISHNA GOPAL MEHTA & ORS. Show all posts
Showing posts with label HARKESH CHAND Vs. KRISHNA GOPAL MEHTA & ORS. Show all posts
Thursday, February 16, 2017

whether the notification dated 31st March, 1949 continued to exist even after the Act was repealed upon the reenactment of the Act of 1972 may be considered.= We are in respectful agreement with the above observations. Applying the said observations to the present case, it must be held that the notification under the 1947 Act continued in spite of its repeal and the enactment of the 1972 Act. It cannot be said that in the hiatus between the repeal of the 1947 Act and the issuance of a notification applying the 1972 Act to the Doiwala area, the Legislature intended that the tenants had no protection from eviction and there was an unrestricted right to evict them.- This Court construed Section 24 of the General Clauses Act 1904, in a similar way in Neel alias Niranjan Majumdar vs. The State of West Bengal[6]. It was held that though the offence of the possession of a sword would allege to have been committed in 1970, i.e. after the repeal of the Arms Act, 1878, the notification dated 19th of March, 1923 issued under the repealed Arms Act of 1878 would continue in force and would be deemed to have been enacted under the new Act by virtue of Section 24 of the General Clauses Act, 1904.- we hold that the old Act, i.e. the Act No.III of 1947 applied to the Doiwala area by virtue of notification dated 31st of March, 1949, when the suit for the eviction of the appellant was filed. The suit is untenable for the want of permission under the provisions of the U.P. Act No. XIII of 1972 and is liable to be dismissed.

                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA       ...