AI Overview...
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For the time being in force - The phrase signifies the current applicable law or legal provisions at a specific time, which may include statutes, customary laws, or procedural rules. It is used to determine the governing legal framework for various legal issues, including maintenance, penalties, offences, and procedural matters. Partha Sakha Maity VS Bijali Maity - Calcutta, TEK CHAND VS MOOL RAJ - Himachal Pradesh, Abdul Gafoor VS Ram Narain - Rajasthan, Boddu Ramaiah VS Government of India - Andhra Pradesh
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Legal Hierarchy and Compatibility - Laws for the time being in force operate alongside other laws and are intended to be in addition to existing statutes without derogating from them. This ensures that multiple legal provisions can coexist, with the current law prevailing where conflicts arise. Partha Sakha Maity VS Bijali Maity - Calcutta, Oriental Insurance Company Ltd. VS Kaushalya - Rajasthan
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Application in Specific Contexts - The law in force at a particular time is crucial in determining penalties, rights, and obligations, especially concerning offences, penalties, and procedural remedies. For example, penalties for offences are based on the law at the time of the offence, and court procedures follow the law in force at the time of filing or presentation. B. N. Sharma VS Commissioner Of Income Tax, Orissa - Supreme Court, Kiritbhai Somabhai Patel VS State of Gujarat - Crimes, SHANKAR LAL VS STATE OF N. C. T. DELHI - Delhi, Oriental Insurance Company Ltd. VS Kaushalya - Rajasthan, Narayan Chandra Ghosh VS Probhamoyee Roy Chowdhury - Calcutta
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Change in Law and Legal Remedies - When laws change, remedies or legal procedures must be sought according to the law in force at that time. Vested rights are protected from retroactive changes, but procedural rights and remedies are subject to the current law. Abdul Gafoor VS Ram Narain - Rajasthan, Oriental Insurance Company Ltd. VS Kaushalya - Rajasthan
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Inclusion of Customary and Other Laws - The phrase any other law for the time being in force encompasses customary laws and practices unless explicitly overridden by specific provisions, as seen in the context of property rights under Mitakshara law. TEK CHAND VS MOOL RAJ - Himachal Pradesh
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Specific Legal Provisions - Certain statutes explicitly specify that their provisions apply despite contrary laws, often through non-obstante clauses, emphasizing the importance of the law in force at the relevant time for interpretation and application. Oriental Insurance Company Ltd. VS Kaushalya - Rajasthan
Analysis and Conclusion:
The expression for the time being in force is a legal qualifier indicating that laws, rules, or provisions applicable at a specific moment govern legal rights, obligations, and procedures. Its primary purpose is to ensure clarity and consistency in legal interpretation, especially amid changing laws. Courts and authorities rely heavily on the law in force at the relevant time to determine penalties, rights, remedies, and procedural correctness, safeguarding legal certainty and fairness. This principle applies across various legal domains, including criminal law, civil procedures, property rights, and procedural law, with explicit provisions sometimes emphasizing its significance through non-obstante clauses.
Search Results for "Law for the Time being in Force"
2021 0 Supreme(Cal) 580 • India - Calcutta
BIBEK CHAUDHURI
for time being in force.' ... Act is in addition to an order of maintenance under Section 125 of Cr.P.C. or any other law for time being in force - Section 36 ... Act shall be in addition to and not in derogation of provisions of any other law for time being in force - It follows that amount ... Act is in addition to an order of maintenance under Section 125 of Cr.P.C. or any other law for the time being in #HL_STA....
1996 0 Supreme(SC) 485 • India - Supreme Court
B.P.JEEVAN REDDY, S.B.MAJMUDAR
based on the law in force at the time of filing the return containing the alleged concealment or misstatement. ... Ratio Decidendi: The amount of penalty imposable should be worked out on the basis of the law in force at the time of filing ... in force at the time of filing the return containing the alleged concealment or misstatement, and not the date on which the penalty ... The question referred for the opinion of the High Court under Section 256....
• India - Crimes
Harsha Devani
have been inflicted under the law in force at the time of the commission of the offence. ... inflicted under law in force at time of commission of offence—Applicants cannot be prosecuted in respect of breach of provision ... The court held that when there was no law in force at the time when the accused was found to be in possession of disproportionate
• India - Bombay
-(n) matrimonial offences under Indian Penal Code including Section 498-A or under any other law for the time being in force. (0) ... Acts which are made punishable under any other law for the time being in force; (r) offences affecting the public health safety ... convenience decency and morals as listed in Chapter XIV of the Indian Penal Code or such offences under any other law for the time
1997 0 Supreme(HP) 105 • India - Himachal Pradesh
M.SRINIVASAN, A.L.VAIDYA
for the time being in force - The words "any other law for the time being in force" - Would undoubtedly include customary law. ... for the time being in force - If a member of Mitakshara are coparcenaries can dispose of his interest by a Will, afortioari, the ... other law to the contrary - The Explanation to Section 30 IS of great significance - It abrogated the rule of Mitakshara law and ... In the expression "or....
1951 0 Supreme(Raj) 235 • India - Rajasthan
BAPNA
Law — Change in law— Procedural law—Law for time being in force to apply. ... If there is any change in procedural law the decree holder must seek his remedy according to law for the time being in force. ... ... Though vested rights cannot be affected by any change ia law unless ... The decree holders right to proceed against any property is not any vested right, but he has to seek his remedy acc....
2006 0 Supreme(Del) 1908 • India - Delhi
J.M.MALIK
in force at the time of the offense. ... in force at the time of the offense. ... in force at the time of the offense. ... no person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of commission of the offence. ... It is a fundamental right of every person that he should not be subjected to greater penalty than what the law prescribes, and no ex p....
1968 0 Supreme(Cal) 153 • India - Calcutta
BIJAYESH MUKHERJI
, and not by the law in force at the time the suit was filed. ... Ratio Decidendi: The court held that the law which governs court-fees in an appeal is the law in force at the time of presentation ... The court relied on a number of authorities which held that an appeal is governed by the law in force at the time the appeal is presented ... in force at the time of presentation o....
2017 0 Supreme(Raj) 2391 • India - Rajasthan
BANWARI LAL SHARMA
for time being in force – Order accordingly ... for time being in force has been used which goes to show that Parliament intended to insert a non-obstante clause of wide nature ... which would mean that provisions of Section 163-A would apply despite contrary provisions existing in said Act or any other law ... despite the contrary provisions existing in the said Act or any other law for the time being in force. ... Balkrishna Ramchandra Nayan and A....
1986 0 Supreme(AP) 9 • India - Andhra Pradesh
S.S.M.QUADRI
FOR THE TIME BEING IN FORCE. ... FOR THE TIME BEING IN FORCE. ... FOR THE TIME BEING IN FORCE. 2. ... (d) any goods which are imported or attempted to be imported or are brought within the Indian customs waters for the purpose of being imported, contrary to any provision, imposed by or under this Act or any other law for the time being in force". ... A perusal of the section, extracted above, makes it clear that for confiscation of ....
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