07 December 2009
Landmark judgment means the decisions which were never given so far; but are important one in future. All the future cases are likely to follow such types of decisions by the courts of law.
6. Effect of repeal.- Where this Act, or any (Central Act) or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- Revive anything not in force or existing at the time at which the repeal takes effect, or Affect the previous operation of any enactment so repealed or anything duly done or suffered there under, or Affect any right, privilege, obligation or liability acquired, accrued or incurrent under any enactment so repealed, or Affect any penalty, forfeiture or unishment incurred in respect of any offence committed against any enactment so repealed, or Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
Explantion of above section:
Repeal means deletion of a particular Act in legal form i.e. from a particular date the Act will not remain in force.
But this deletion does not mean that whatever lawful acts were done under that act till they were in force will lose their effect.
Similarly nothing will be revived (rights etc.) which were not available till the act was in force.
Whatever penalty etc. were levied till the act was in force; shall also be lawful even if certain cases are still pending for decision by the courts.
Further Section 6A reads as under :
6A. Repeal of Act making textual amendment in Act or Regulation.- Where any (Central Act) or Regulation made after the commencement of this Act repeals any enactment by which the text of any (Central Act) or Regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal. aforesaid.
Same explanation as made above about amendments in the Act. This happens were certain sections of a particular Act are repealed.
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