General Clauses Act (X of 1897)

  1. S. 6 — The rights which have already been accrued to the parties to the proceedings would not be adversely effected by repeal of an enactment until a different intention appears. Mst. Fatima Bibi v. Farzand Ali 1992 SCR 236 (E)
  2. S. 6 is not applicable to the matters relating to procedure.Said M. v. Custodian1992 SCR 331 (B)
  3. S. 6 — Effect of repeal — It is not necessary for the purpose of section 6 of the General Clauses Act that the repeal of a statute or any provision thereof should have been expressly made; such a repeal can take place by necessary implication i.e. by subsequent legislation on the subject which tantamount to supersede the earlier legislation. If by necessary implication, the earlier statute or any provision thereof is superseded or substituted, the case would be one of ‘repeal’ as envisaged under Section 6 of the General Clauses Act. A statute or part of it can deemed to have been repealed by implication in many eventualities such as that subsequent legislation on the same subject is so worded or inconsistent with the earlier statute that it renders the earlier one ineffective. Muhammad Hafeez Khan vs. Mst. Sabiha Khanum 1995 SCR 316 (A) PLJ 1995 SC (AJK) 51, AIR 1964 SC 1284, AIR 1955 Rajastan 203, AIR 1951 Cal. 258, AIR 1975 All. 239, AIR 1955 SC 84, referred and relied.
  4. Section 6 — Effect of repeal. Held: The repeal will not effect the rights, liability accrued to a party and the same shall continue inspite of repeal. All proceedings, can be taken or continued which could have been taken or continued, if the repealing Act did not come in to force. Nizam Din & another v. Custodian & others 2011 SCR 390 (D) 1995 SCR 316, PL J 1995 SC (AJK) 51 rel.
  5. S. 6 — See AJK Interim Constitution Act, 1974, Ss. 42, 56-A. Muhammad Abbas and 5 others Versus Muhammad Rafique Khan (Deceased) and 10 others  2013 SCR (SC AJ&K) 1153 (B)
  6. S. 6 (A) — See AJK Supreme Court Rules, 1978, O.XLVI, R.1. Muhammad Saleem Khan Versus Mst. Muqarb Jan and 2 others 2013 SCR (SC AJ&K) 777 (D)
  7. Four principles for the disposal of the present appeals deduced –In case of repeal, etc. the appeal or other remedy provided in the repealed enactment would not affect the pending cases whether suits or appeals, unless such intention has been clearly expressed or is present by necessary implication. That right of appeal is a substantive right and it could only be taken away be specific provision or by any provision which is incompatible with the rule contained in section 6 of the General Clauses Act. Thus, the pending suits or appeals etc. at the time of repeal of relevant statute would not be adversely affected and same would be followed according to the provisions contained in the repealed statute unless, of course, the change is merely of a procedural nature.
    1. That a repeal can take place without, a statutory provision to that effect; a ‘repeal’ would be presumed in certain eventualities, such as substitution or supersession of previous law or where earlier and subsequent laws are so inconsistent that the former is rendered ineffective by latter; and
      1. That change of forum of appeal falls within the ambit of procedural law and  one   cannot insist to pursue his cause in a particular forum but right of appeal is a substantive right which can be taken away only by specific statutory provisions or by necessary implication. Muhammad Hafeez Khan vs. Mst. Sabiha Khanum 1995 SCR 316 (B)
  8. S. 7 — Not applicable to cases where permanent statute is repealed by temporary legislation — Such as Ordinance. Azad Govt. v. Kashmir Tobacco Industry Ltd 1992 SCR 20 (C)
  9. —Section 9—Commencement & termination of time— computation of—the first date of series has to be excluded. Farzana Bashir  vs Javed Anwar & others  2018 SCR 872 (A)
  10. —section 19— application of and extension of benefit— to Deputy Superintendents—who are otherwise, under rules, do not fall in promotional quota of Superintendents— for promotion to Section Officers—provision of law does not apply in the affairs of promotion—the argument regarding the application of section 19 of the General Clauses Act, 1897, is also not convincing in nature. The said statutory provision applies to the deputies or subordinates performing the duties in place of their superior to prescribe the duty of the superior which has no connection with the affairs of the promotion. Shakil Ahamd & others v. AJ&K Council & others 2017 SCR 1318 (B)
  11. S. 20-A — Obliges the relevant authority to publish all rules, orders, regulations and circulars having the effect of law made or issued under any enactment to be published in the official Gazette — The law or rules create rights and obligations which have to be given wide publicity so that the persons likely to be affected or benefited by the rules are made aware to it for protection of their legal rights. Syed Ali Asghar Shah v. AJ&K Public Service Comission & 5 others 2008 SCR 133 (E) 1997 SCR 318, 1989 CLC 578, 1980 CLC 378 rel.
  12. Section 20-A — non publication of rules in official gazette — effect of — it is mandatory to publish the rules in the official gazette before enforcement of the same, but in the case in hand, the rules have not been published. Held:  such like rules have no backing of law and on the strength of the same no right/appointment can be claimed/made. Altaf Hussain v. Intermediate & Secondary Education Board & 4 others 2016 SCR 1159 (B) PLD 2004 SC 261 & 2008 SCR 133 rel.
  13.                 —Section 20-A— it is mandatory to publish all the rules, orders, regulations and circulars having the effect of law made or issued under any enactment in the official gazette, before enforcement of the same— held: without publishing the notification in the official gazette the same will be termed as non-existent and superstructure built upon the same shall automatically fall. Messers Friends & others v. Barrister Syed Iftikhar Ali Gillani & others 2017 SCR 534 (J)          
  14. S. 21. The order issued by any authority can be recalled, rescinded, amended or varied only if the final step in the matter has not been taken — But once such order is acted upon it cannot be recalled without affording an opportunity of being heard. Abid Hussain Jafri v. Azad Govt. and others 1993 SCR 105 (B)
  15. S. 21 An Authority which can issue an order can withdraw the same before final step is taken in pursuance of the same. Faisal Bashir  v. Nomination Bashir 1994 SCR 223 (C)
  16. S. 21 — Promotion order of the appellant conditional in nature yet acted upon — If the I.G.P. was of the view that order may be withdrawn due to some illegality or invalidity he could not do so without giving an opportunity to the appellant to show cause against the proposed action. Malik Zafar Ali v. Inspector General of Police 1995 SCR 234 (A)
  17. S. 21 — Contention of — An illegal order cannot be withdrawn at the instance of any party but it can be done suo motu is not sustainable because no such condition has been laid down in the aforesaid provision. Rehana Aziz v. Shakeela Ashraf and 2 others 1998 SCR 281 (A)
  18. Notifications — Notifications are executive orders within the meaning of section 21 of the General Clauses Act and cannot be regarded as agreement -to-sell as defined under section 54 of the Transfer of Property Act or envisaged in the provisions contained in the Specific Relief Act. Azad Govt. v. Zubair Ahmad Khan and 11 others 2001 SCR 464 (C)
  19. Section 21 — Cancellation of notification — If the final step in the matter has not been taken, the Government, or the authority as the case may be is fully competent to cancel its order, rules or notification. Azad Govt. v. Zubair Ahmad Khan and 11 others 2001 SCR 464 (D)
  20. S. 21 — Principle of locus poenitentiae — Postulated — Before taking the decive steps, the authority is empowered to rescind, recall or award its order. Dr. Waqar Haider, Heart Specialist, posted at CMH/Sheikh Zaid Hospital, Muzaffarabad Versus Azad Government of the State of JK, through Chief Secretary, Muzaffarabad and others 2013 SCR (SC AJ&K) 1176 (A)
  21. S. 21 — See AJK Interim Constitution Act, 1974, S. 42. Dr. Waqar Haider, Heart Specialist, posted at CMH/Sheikh Zaid Hospital, Muzaffarabad Versus Azad Government of the State of JK, through Chief Secretary, Muzaffarabad and 10 others 2013 SCR 1176 (C)
  22. —Section 21, General Clauses Act, 1897—read with sections 34 and 35 of AJ&K Motor Vehicles Ordinance, 1971–Cancellation of transfer of vehicle—cancelled by authority as transfer being found made on forged documents— writ as well as PLA dismissed—Held: the concerned authority has adopted the proper course and rightly cancelled the subsequent transfer of vehicle being made on forged documents after conducting proper inquiry as under section 21 of the General Clauses Act, 1897, the authority which can pass an order, entitled to vary, amend, add to or to rescind that order. Thus, on the strength of the aforesaid statutory provision read with section 34 and 35 of the AJ&K Motor Vehicles Ordinance, 1971, the Excise and Taxation Authority was fully empowered to cancel the subsequent transfer of ownership. The High Court very wisely attended the proposition and rightly dismissed the writ petition. Mohsin Shezad v. Director Excise & Taxation 2019 SCR 589 (A)
  23. Section 21—No doubt, the authority who is vested with the powers to issue an order can modify or recall the same but subject to the condition that the same has not been implemented. Tariq Rashid & others v. University of AJ&K & 7 others 2019 SCR 766 (B)
  24. —section 21—the authority who has power to issue an order is also vested with jurisdiction to amend, rescind or recall the same under section 21 of the General Clauses Act. The only condition is that the authority before passing proper order shall hear the other side and give reasons in support of the order. Chief Conservator Forests & 3 others  v. Kh. Nazeer Ahmed & 3 others 2020 SCR 308 (A)
  25. — section 21—an authority which has power to pass an order is also empowered to cancel, withdraw or suspend the same– Malik Mohammad Siddique & 2 others v. Commissioner Mangla Dam & 17 others 2020 SCR 552 (B)
  26. —Section 24—recording of reasons for withdrawal of notification/order—Held: Recording of reasons is must so that it can be ascertained that what are the reasons motivated the competent authority to review or pass the order detriment to the interest of the accused civil servant, otherwise the order would be nullity in the eye of law. Shoukat Hussain Mughal  v. Azad Govt. & others 2019 SCR 656 (C)
  27. —S. 24-A—reasons are necessary in support of decision which are to be made by the public functionary—Order or decision not based on objective criteria, cannot be approved. Tasaddaq Hussain v. Azad Govt. & others 2019 SCR 670 (B)
  28. When the law is required to be published in official Gazette, it shall come into force when it is published in official Gazette and not otherwise. Syed Ali Asghar Shah v. AJ&K Public Service Comission & 5 others 2008 SCR 133 (F)
  29. An authority which has power to pass an order is also empowered to cancel, withdraw or suspend the same.  Raeesa Mustafa  v. AJ&K Govt. & 6 others 2014 SCR 165 (C)
  30. Non publication of rules — effect of — without publishing the rules in the official gazette the same will be termed as non-existent, therefore, the superstructure built upon the same shall automatically fall. Altaf H. v. BISE & 4 others 2016 SCR 1159 (D) 2008 SCR 133 rel.
  31. It is well settled law that service of a probationer can be terminated without notice and also without assigning any reason yet does not necessarily mean that termination of service of a probationer is beyond the scope of a judicial review. Malik Zafar Ali v. Inspector General of Police 1995 SCR 234 (B)
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