MEANING OF “CENTRAL ACT”

Section 6 of the General Clauses Act is to be applied having regard to the definition of. “Central Act”, “enactment”, “regulation” and “rule” as defined in Section 3(7), 3(19), 3(50) and 3(51), respectively, of the said Act. Giving a meaning to a term different from the definition is not permissible. When reference is made to a term defined in the statute, the term has to be understood to bear the meaning defined in the statute.

In Kolhapur Canesugar Works Ltd. and Another Vs. Union of India and Others, , the apex court had held (page 819) :

“32. The decision of the Constitution Bench is directly on the question of applicability of Section 6 of the General Clauses Act in a case where a rule is deleted or omitted by a notification and the question was answered in the negative. The Constitution Bench said that ‘Section 6 only applies to repeals and not to omissions, and applies when the repeal is of a Central Act or regulation and not of a rule’, (page 656 of the Supreme Court Report).
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Tariff

 REF : Electricity Act Under Section 62 of the Electricity Act, the Commission has power to  fixe the tariff rate. The word ‘tariff’ has not been defined in the Act. Tariff means a schedule of 55 standard/prices or charges provided to the category or categories for procurement by licensee from generating company, wholesale or bulk or… Read More Tariff

Res Judicata

No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such… Read More Res Judicata

Decree under CPC

Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a… Read More Decree under CPC