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ARTICLE · 20 JUNE 2024

Repealing And Amending Of Enactments

In regular attempts to repeal the obsolete and archaic laws, the Parliament introduces certain bills for such purpose.

IndiaInsolvency/Bankruptcy/Re-Structuring

Introduction

  1. In regular attempts to repeal the obsolete and archaic laws, the Parliament introduces certain bills for such purpose. The power of the legislature in repealing a law is similar and co-extensive to the power of enactment of a law.
  2. Repealing means to formally state a law to be no longer valid. Thus, when an Act is repealed, it ceases to have any force in law. Repealing of a law has the effect of abolition of a law.
  3. The Black's law dictionary defines the term repeal as a legislative act which abrogates or obliterates an existing statute.
  4. In Keshavan Madhava Menon vs. State of Bombay; AIR 1951 SC 128, the Supreme Court dwelled upon the effect of an Act being repealed. It was held that the effect of the repeal is to obliterate the statute repealed as completely as if it had never been passed, and it must be considered as a law which never existed, except for the purposes of those actions or suits which were commenced, prosecuted and concluded while

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