While everybody recognizes the necessity of the diffusion of Constitutional morality for the peaceful working of a democratic Constitution, there are two things interconnected with it which are not, unfortunately, generally recognized. 147 of 1957 will be dismissed with costs. The first respondent will pay the appellant’s costs of this appeal and the costs thrown away before the Election Tribunal. (1) There shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which are produced or manufactured in India and a duty on salt manufactured in, or imported by land into, any part of India as, and at the rates set forth in the First Schedule.
By such a study of the two provisions, the argument proceeds, it is clear that the enactment of a specific saving clause in the repealing Act indicates a ” different intention ” excluding the operation of s. We accordingly allow the appeal and reverse the order passed by the Election Tribunal dated September 26, 1957. 48 of the repealing Act of a clause similar to el. 7 of the Bombay General Clauses Act, there is a specific saving of any penalty, forfeiture or punishment incurred in respect of any offence committed under the enactment repealed, as distinct from civil rights and liabilities, under s.
Indeed, there is no conceivable ground to impute to the Legislature the intention to wipe out the offences committed under the repealed Act, when it expressly retained the same offences under the repealing Act. The year NRI Legal Services immediately preceding the commencement of the Act in the Pallahara area was 1947-48, and sub-s. 7 of the Bombay General Clauses Act provided separately in different clauses for Criminal and Civil liabilities, while s.
” A comparative study of the aforesaid provisions indicates that while under s. Under that clause, the repeal did not affect any right, title or obligation or liability already acquired, accrued or I incurred, The words liability 256 incurred ” are very general and comprehensive and ordinarily take in both civil and criminal liability. iii) In relation to patent or proprietary medicines, as defined in Item No. 48(2)(i) of the repealing Act affords a complete answer to the question raised.
There is no reason why the all comprehensive word should not carry its full import but be restricted to civil liability alone ? Sections 29 and 30 of the KIAD Act read with Sections 11, 18 and 30 of the L. 14- F of that Schedule, includes the conversion of powder into tablets or capsules, the labeling or relabeling of containers intended for consumers and repacking from bulk packs to retail packs or the adoption of any other treatment to render the product marketable to the consumers; But what is the case before us?
The form of the administration must be appropriate to and in the same sense as the form of the Constitution. The market value of the acquired land is required to be determined by the Reference Court by applying the provisions of Section 18 of the L. 7 of the General Clauses Act need not detain us, for s. Act, after passing an award as provided under Section 11 and notifying the same to the landowners or interested persons under Section 12(2) of the L.
7 of the General Clauses Act, demonstrates that the liability saved excludes criminal liability. If there was any justification for preserving Civil liabilities incurred under the repealed Act, there was an equal justification to save criminal liabilities incurred under that repealed Act. 48 of Act III of 1953, there is no separate treatment of Civil and Criminal matters; while under the former provisions NRI Legal Services proceedings are saved, under the latter provisions NRI Legal Services proceedings pending on November 1, 1952, in respect of rights acquired or liabilities incurred under the repealed Act are saved.
” Where this Act, or any Bombay Act made after the commencement of this Act, repeals any enactment hitherto made or thereafter to be made, then, unless a different intention appears, the repeal shall not- (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment 255 so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, NRI Legal Services proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation,, NRI Legal Services proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed.
It is a fact that the conviction of the petitioner has been confirmed by this Court and the Review Petition as well as the Curative Petition filed by the petitioner have also been dismissed by this Court. 531 of 1957 and 532 of 1957 will be set aside, the orders passed by the Election Tribunal dated July 5, 1957, will be vacated and the Election Petition No. The context does not compel any such limitation. 48(2) of the repealing Act clubbed them together in one clause is not decisive of the question raised, as, for ought we know, s.
The other is that it is perfectly possible to pervert the Constitution, without changing its form by merely changing the form of the administration and to make it inconsistent and opposed to the spirit of the Constitution. 7 of the General Clauses Act and the omission under s. However, it has to be shown that the difference is real and substantial and there must be some just and reasonable relation to the object of legislation or notification.
In Criminal Law the term ” liability NRI Legal Services covers every form of punishment to which a man subjects himself -by violating the law of the land. 14-E of the first Schedule and in relation to cosmetics and toilet preparations as defined in Item No. We are conscious of the principle that the difference which will warrant a reasonable classification need not be great. Duties specified in the First Schedule to be levied. Act would clearly mandate that both the state government and the KIADB are liable, jointly or severally, to pay the compensation to the owners or interested persons of the acquired land.
The Election Tribunal shall proceed with the trial of the election petition on the claims as they were originally included in the petition NRI Legal Services and will also allow the appellant to exercise his right of recrimination under s. Act if the owners are not satisfied with either the compensation awarded by the Deputy Commissioner or with regard to the area of acquisition of land. One is that the form of administration has a close connection with the form of the Constitution.
(1) would have applied to the respondent if the notification had mentioned that year. In our view the consideration of the provisions of s. 117, we feel that the proper order for costs should be that each party do bear and pay his own costs here as well as in the High Court. But it did not, and the result was that it was not necessary to find if the respondent’s gross turnover exceeded Rs. As the appellant has failed in his contention in regard to the provisions of s.