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Report No. 60

6.31. Section 8 and successive repeals.-

We may, at this stage, deal with successive repeals. In the Allahabad case,Chandra Bhushan v. Gayatri Devi, AIR 1969 All 142 (152)., the question arose whether section 8 of the General Clauses Act could be pressed into service in construing section 13, Court Fees Act, which refers to section 351 of the Civil Procedure Code, 1859. The Code of Civil Procedure, 1908 has repealed and re-enacted (in Order 41, rule 23), the provisions of section 562 of the Code of 1882. The Code of 1908 did not itself repeal the Code of 1859. It repealed the Code of 1882, which had repealed the Code of 1877, which, in turn, had repealed the Code of 1859. The High Court held that section 8 of the General Clauses Act was of no assistance in such a situation. It would be desirable to cover such a situation by making an explicit provision on the subject.

General Clauses Act, 1897 Back

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