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TMI Blog1956 (5) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... n a written report submitted by the A. D. S. O. to the Sub-Divisional Magistrate , Aurangabad, for prosecution under Section 8 of the Essential Commodities Ordinance, 1955, the petitioners were summoned to stand their trial. The learned Additional Sessions Judge recommended that the order of the Sub-Divisional Magistrate dated 14-9-1955, summoning the petitioners to stand their trial under Section 8 of the Essential Commodities Ordinance, 1955, be set aside as it was without jurisdiction. 2. It appears that the Essential Supplies (Temporary Powers) Act 1946 (Act 24 of 1946) Was an Act by which the essential commodities were controlled in their supply and distribution. ' Under that Act, it appears that, there was the Bihar Coal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order must be deemed to have expired too. In my opinion, there is some force in this submission. But even it be supposed that there is no merit in this point, the question, that has to be considered is whether the Act 10 of 1955 can govern a case like this. It was submitted in the Court below, and it is not shown to me otherwise, that there is no Bihar Coal Control Order either under the Ordinance or Act 10 of 1955. It is, therefore, necessary to see whether the said Bihar Coal Control Order can be said to be in existence in spite of the expiry of Act 24 of 1946. In my opinion, in view of the subsequent legislation, even if it be supposed that merely because Act 24 of 1946 had expired the Bihar coal Control Order did not expire on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her law had been an enactment. It is thus clear that Section 16 refers to the Essential Commodities Ordinance, 1955 or any other law in force in the State immediately before the commencement of this Act. It is clear that there was no Bihar Coal Control Order under the Essential Commodities Ordinance of 1955, nor was there any such order under any other law in force in the State immediately before the commencement of this Act. Mr. Shahi, however, referred to me Section 6 of the General Clauses Act which, undoubtedly is as follows: Where this Act, or any General 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , unless a different intention ap-.pears, the repeal shall not. 4. So the Bihar Coal Control Order being under Act 24 of 1946, it cannot be governed by Section 6 of the General Clauses Act, because it was not a law which was repealed. According to Section 16 of Act 10 of 1955, only two laws have been repealed, one, the Essential Commodities Ordinance, 1955, the other, any other law in force in the State Immediately before the commencement of this Act. It is obvious that the Bihar Coal Control Order under Act 24 of 1946 cannot be governed by Section 16 of Act 10 of 1955. I have already pointed that General Clauses Act cannot refer to the Bihar Coal Control Order which was under Act 24 of 1946. In other words, so far as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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