AI Overview...
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General Clauses Act (1897) - Provides a comprehensive framework for interpreting statutes, defining terms like person (Section 3(42)), and granting powers to authorities (Sections 9, 10, 23). It is frequently referenced to clarify legal provisions across various laws, including municipal, company, and administrative statutes A. P. State Electricity Board VS NAGARI GRAM PANCHAYAT - Andhra Pradesh, Messrs Vanechand Sagarmal VS State of Rajasthan - Rajasthan, Vinod M. Bhatt, General Secretary VS Union of India - Gujarat, LMCS Infra Holdings Private Limited vs LMCS Maritime Private Limited - National Company Law Tribunal.
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Definition of 'Person' - The Act's Section 3(42) defines person broadly to include individuals, companies, associations, or bodies of individuals, whether incorporated or not. Courts often rely on this definition when interpreting laws that do not specify the term explicitly A. P. State Electricity Board VS NAGARI GRAM PANCHAYAT - Andhra Pradesh, LMCS Infra Holdings Private Limited vs LMCS Maritime Private Limited - National Company Law Tribunal.
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Application in Specific Laws - The Act's provisions are invoked in diverse contexts:
- Municipalities and Panchayats Acts - Clarify the scope of authorities and definitions, sometimes indicating legislative intent to modify or clarify definitions (e.g., abandonment of the general definition of person for specific statutes) A. P. State Electricity Board VS NAGARI GRAM PANCHAYAT - Andhra Pradesh, Ashish Nath VS State of Assam - Gauhati, Manish Dharmaik VS State of Himachal Pradesh - Himachal Pradesh.
- Company Law - Used to interpret terms like person during schemes of amalgamation, ensuring broad applicability LMCS Infra Holdings Private Limited vs LMCS Maritime Private Limited - National Company Law Tribunal.
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Administrative and Regulatory Laws - Sections like 23 empower authorities to make or rescind notifications, with the Act providing the interpretative basis Messrs Vanechand Sagarmal VS State of Rajasthan - Rajasthan, Vinod M. Bhatt, General Secretary VS Union of India - Gujarat.
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Legal Proceedings and Powers - Sections 9 and 10 of the Act grant courts the power to issue writs and interpret procedural timelines, often in conjunction with constitutional provisions like Articles 226 and 14 Ashish Nath VS State of Assam - Gauhati, Guntupalli Rama Subbayya VS Guntupalli Rajamma - Andhra Pradesh.
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Limitations and Exceptions - Certain provisions, such as restrictions on rights (e.g., restrictions on movement or occupation), are subject to existing laws or reasonable restrictions in the public interest, as specified in the Act Sujoy Kumar Roy VS United Bank of India - Gauhati.
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Insights:
- The General Clauses Act is a foundational legal instrument that ensures consistency and clarity in statutory interpretation across Indian law.
- Its definitions and provisions are frequently invoked to interpret the scope and powers of authorities, the meaning of legal terms, and procedural aspects.
- Courts often interpret specific statutes in light of the Act's provisions, especially when terms are undefined or require broad interpretation.
Conclusion: The General Clauses Act, 1897, serves as a vital legal reference point for interpreting statutory language, defining key terms like person, and clarifying powers and procedures across various laws. Its provisions promote uniformity and legal clarity in Indian jurisprudence.
References: - A. P. State Electricity Board VS NAGARI GRAM PANCHAYAT - Andhra Pradesh - Messrs Vanechand Sagarmal VS State of Rajasthan - Rajasthan - Guntupalli Rama Subbayya VS Guntupalli Rajamma - Andhra Pradesh - Ashish Nath VS State of Assam - Gauhati - Vinod M. Bhatt, General Secretary VS Union of India - Gujarat - Manish Dharmaik VS State of Himachal Pradesh - Himachal Pradesh - Anakala Maddileti VS Government Of A. P. , Home Department, Hyderabad - Andhra Pradesh - LMCS Infra Holdings Private Limited vs LMCS Maritime Private Limited - National Company Law Tribunal - Sujoy Kumar Roy VS United Bank of India - Gauhati
Search Results for "Genaral Clauses Act"
1969 0 Supreme(AP) 21 • India - Andhra Pradesh
O.CHHINNAPPA REDDY
Clauses Act. 4. ... Pradesh General Clauses Act, which includes a company or association of individuals, whether incorporated or not. 2. ... Clauses Act for the purpose of the Gram Panchayats Act. 3. ... Thereby the ligislature in my opinion, clearly signified it s intention to abandon the definition of person in the Genaral Clauses Act for the purpose of the Gram Panchayats Act.....
1975 0 Supreme(Raj) 127 • India - Rajasthan
SHINGHAL, JAIN
Municipalities Act, Sec. 104—Rajasthan General Clauses Act, Sec. 23—State Government not authorised to rescind or cancel notification ... General Clauses Act) merely codifies that rule. ... of the Rajasthan General Glauses Act. ... The notification (Ex. 19) however refers to the authority of section 23 of the Rajasthan Genaral Clauses Act, 1955 also, which has b....
1987 0 Supreme(AP) 612 • India - Andhra Pradesh
K.BHASKARAN, M.JAGANNADHA RAO, S.S.M.QUADRI
Chapter 6 contains Sec. 98 which amends Art. 127 of the Limitation Act, 1963. ... Incorporating the suggestions of the joint committee and amendments made by Lok Sabha, the Amendment act was passed. ... The court observed that the definition of decree in Sec. 2 (2) of the CPC has been amended by Sec. 3 of the Amendment act which ... clauses (a)to (e)of sec 6 of the General Clauses Act. ... We are therefore, inclined to hold that clauses (a) to (zb....
2022 0 Supreme(Gau) 563 • India - Gauhati
MANISH CHOUDHURY
Clauses Act, 1897 – Section 9, 10, 10[1] – Power of High court to issue writs - Petitioner got directly elected as a Member of Karimganj ... Constitution of India, 1950 – Article 226 – Assam Panchayat Act, 1994 – Section 72[1], 70, 77[2] – General ... oath of affirmation of said office - Whether resignation is of unilateral character or of bilateral character - Section 9 of 1897 Act ... This Court is of the considered view that in respect of commencement and termination of time and computation of time, ....
2022 0 Supreme(Guj) 101 • India - Gujarat
ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Rules, 1971 – Chapter 4 - Rule 9, 9(4B)- General Clauses Act - Section 23 - grant of licence - Power of Central Government to make ... Constitution of India, 1950 - Article 14 - Insecticides Act, 1968 - Section 3, 4(2), 5, 9, 9(4) 36 - Insecticides ... "pesticide formulation" - A manufacturing license under Rule 9 of Insecticides Rules, 1971made in accordance with Insecticides Act ... At this juncture, we may also notice Section 23 of the General Clauses Act....
2021 0 Supreme(HP) 68 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
, 1994 - Reserved for women - Office/area in question was reserved for women (General) in 2010 elections, for scheduled castes could ... Constitution of India,1950 - Articles 243, 243K, 243-O, 334 and 243D - U P Panchayat Raj Act 1947 - H.P ... Panchayati Raj Act - Sections 8, 125 and 175(1) - Principle of rotation envisaged - Alleged illegal repetition of reservation ... (5) The reservation of seats under clauses ( 1 ) and ( 2 ) and the reservation of offices of Chairpersons (other than the reservation for women)....
1999 0 Supreme(AP) 610 • India - Andhra Pradesh
C.Y.SOMAYAJULU, MOTILAL B.NAIK
Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act ... Under Clauses (b), (c), (d) and (e) of Section 2 of the Act, the terms boot-legger , dacoit , detention order and detenue are defined respectively. Similarly, under Clauses 2 (f) and 2 (g) of the Act, the terms drug offender and goonda respectively are defined. ... Therefore, they are rightly been termed as goondas within the meaning of Clause#HL_....
2025 Supreme(Online)(NCLT) 736 • India - National Company Law Tribunal
Shri. Prabhat Kumar, J, Shri V. G. Bisht, Hon’ble Member (Technical), Hon’ble Member (Judicial),
(A) Companies Act, 2013 - Sections 230, 232, and 66 - Scheme of Amalgamation - Approval of amalgamation of LMCS Infra Holdings Private ... The word 'person' not being defined in the either Companies Act, 2013 or in the MSCS Act, 2002 we need to fall back on definition as contained in the section 3(42) of General Clauses Act defining the term person to include any company or association or body of individuals, whether incorporated or not ... Therefore, the Articles of Association of the....
2013 0 Supreme(Gau) 618 • India - Gauhati
UJJAL BHUYAN
was serving in Regional Office of United Bank of India, Sibsagar Region, he was placed under suspension by order issued by Deputy General ... That clause states that nothing in sub-clause (g) of clause (1) shall affect the operation of any existing law or prevent the State from making any law imposing in the interests of the general public reasonable restrictions on the exercise of the right conferred by that sub-clause. ... It cannot be disputed that the present Act ....
2019 0 Supreme(Del) 983 • India - Delhi
RAJIV SHAKDHER
Arbitration Act, 1940 - Section 30, 33 - Arbitration - Award - Decree on agreed terms - Objections taken ... ... 5.1 This objection is pivoted on the provisions contained in Clause 49.5 of the General Conditions of Contract (in short "GCC"). ... 6. It is the contention of Mr. ... The position of law insofar as this aspect is concerned, to my mind, is the same whether the Award which is put to scrutiny is passed under the 1940 Act or the Arbitration and Conciliation Act, 1996. ... NHPC Limited (hereafte....
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