Vs.
Appeal:
Petitioner:
Respondent:
Apeal:
Judges: S.P. BHARUCHA, V,N, KHARE & A.P. MISRA, JJ.
Date of Judgment: Mar 24, 1999
Head Note:
Section 23A, 80J, 10(27) (Before Omission) – Omission of one provision – simultaneous enactment covering the field – Effects. Held re-enactment is regarded in force continuously and modifications are amendment, coming into force from date of enforcement of re-enactment.
Held:
Where a provision of an Act is omitted by an Act and the said Act simultaneously re-enacts a new provision which substantially covers the field occupied by the repealed provision with certain modification, in that event such re-enactment is regarded having force continuously and the modification or changes are treated as amendment coming into force with effect from the date of enforcement of re-enacted provision. (Para 12)
JUDGEMENT: