S C JAIN Vs. UNION OF INDIA
HIGH COURT OF DELHI
UNION OF INDIA
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Sachar, J. -
(1.)The question for decision in this petition is whether clause (ccc) inserted in Sub-section (1) (in the proviso) of Section 60 of the Code of Civil Procedure (hereinafter called the Code) by means of Section 35 of the Punjab Relief of Indebtedness Act, 1934, as amended by Punjab Amendment Act XII of 1940, and Punjab Amendment Act VI of 1942 as extended to State of Delhi stands repealed after the passing of the Parliament Act, 104, 1976, amending the Code of Civil Procedure, especially in the light of Section 97(1) of Amendment Act 1976, which reads as under :-
"97(1). Any amendment made, or any provision inserted in the principal Act by a State Legislature or a High Court before the commencement of this Act shall, except in so far as such amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand repealed."
(2.)The Punjab Relief of Indebtedness Act 1934 (hereinafter called as 1934 Act) received the sanction of the Governor General on 5-4-1935. It was extended to the Union territory of Delhi vide the Government of India Home Department Notification No. 189/38, dated 30th May, 1939.
(3.)Punjab Amendment Act Xll of 1940 was passed by and received accent of the Governor General of Punjab. Section 16 of the Amendment Act Xll of 1940 substituted Section 35 in 1934 Act. By this amendment in Sub-section (1) in the proviso certain insertions were made in various clauses after clause 'c) including clause (ccc). Later on Punjab Relief of Indebtedness Amendment Act VI of 1942 was passed. By Section 5 it substituted the old proviso in clause (ccc) in the proviso to Section 60(1) of the Code.
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