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TMI Blog1991 (11) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... Vehicles Act, 1939, became extinct and was rendered non-existent. in eye of law, after coming into force of Motor Vehicles Act, 1988 or it being a right within meaning of clause (c) of Section (6) of General Clauses Act survived and continued despite repeal of 1939 Act. The appellant, holder of a permit, for operating stage carrier on route Eklera-Narsinghgarh in District Rajgarh, applied for its renewal, as required, on 18th October, 1988, 120 days before the date of its expiry on 18th February 1989 under Section 58(2) of the 1939 Act. The application was published on 23rd June, 1989, under Section 57(3) of the Act. But before renewal could be granted 1988 Act came into force on 1st July 1989. The respondent who, too, had applied on 30t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in 1988 Act read with Section 6 of the General Clauses Act. Sub-Section (1) of Section 217 of 1988 Act repeals 1939 Act. But Sub-Section (2) saves certain notifications, rules, regulations, Acts etc. Clause (b) of subsection (2) reads as under:- 217(1) Notwithstanding the repeal by subsection (1) of the repealed enactments, --- (b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed; On strength of this it was urged on behalf of the respondents that the only saving was in respect of unexpired period of a permit. However what is releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by sub-section (2). Section (6) of the General Clauses Act may now be extracted: S.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not:- (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; (e) ......................................................... The objective of the provision is to ensure protection of any right or privilege acquired under the repealed Act. The only exception to it is legislative intention to the contrary. That is, the repealing Act may express ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be enforced in a court of law and any authority acting in contravention of it can be forced to act in accordance with it. For instance, if a Regional Transport Authority under the old Act refused renewal even though the person applying for renewal was in all respects similar to other new applicants then it could be corrected either by the tribunal or by way of writ petition under Article 226. Therefore. It is a right which is enforceable in law. This right accrued to appellant as he had already applied for renewal and his application had been notified. The legal machinery was set in motion by him. He theretore had a right to get his application for renewal processed and considered in accordance with 1939 Act. It would be too artificial to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or renewal of permits. It was urged that there was a definite departure from the old Act therefore any right under the old Act, could not be continued to under the new Act. The submission does not appear to be sound. The new Act is a legislation on the same subject. Section 81 specifically provides for renewal. It cuts across the argument of intention to the contrary. Rather it is kept alive by Sub-section (4) of Section 217. The scheme of renewal having been continued even under new Act mere absence of preference clause in Section 81 of the new Act could not be construed as destroying the claim for renewal set in motion under the old Act. In the result this appeal succeeds and is allowed. The order passed by the High Court is set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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