2293/79-v-1-17--7/17

Teper / Aecayet WH, area GAR sane, my Ufag, aa &, faeredl apart eats : feat Ys ATER, 2017 orga surefire a qe ada do Peaa/aaer & werd 7 Feed, waia—2401 /31-2017—-42 /2012 Aowho, feria 10-11-2017 wr IAT Wet WET He | 2- afena aml ent ae svat war Hwee fe afe fat deers fairs oF Rete at fers vad ey teil amet ere z | 3s ge wee Fae ae aed aa aT fee ger 2 fo dei afar PRR "The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; Tar & char fe vosmgosneo 1955 Waovio a4 Gora wey gam Tex fie wars fie cen wosTgosio 1960 Vaovo 89 Wore say flee wom F Her waz tt 7 4 fet ver Fa aad far var a "It was argued that since Section 498A IPC has been repealed by repealing and Amending Act of 1988 (Act No. 19 of 1988) no charge could be framed against the petitioners. Reliance was placed on the fact that the Act No. 46 of 1983 whereby Chapter XX.A (having only one'Section i.e.498A) was repealed by Act No.19 of 1988, it should be taken that the said Section 498A stands deleted. This argument is baseless. A combined reading of Section 3 and 4 of Act No.19 of 1988 indicates that some Amending Acts shown in the Schedule were to stand amended to the extent andin the manner mentioned in Scanned with CamScanner j the fourth column thereof. The Schedule no doubt shows that Act No.43 of 1983 was repealed but it has been provided that the said repealing shall not affect other enactments in which the repealing enactment has been applied, incorporated or referred to. It may be remembered that such Repealing and Amending Acts have no positive legislative effect but are designed to exclude the deqd matter from the Statute book so as to diminish its bulk. Once the Amending Acts have achieved their purpose by bringing about desired amendments in the parent statutes, they out-live their utility. This requires a ‘legislative spring cleaning.’ The provisions incorporated in the parent statutes has become a part thereof and therefore, the Amending Act has died a natural death by the Repealing and Amending Act. This point is, therefore, without any force. 6— - He: Sac fale Ret a gfera wad gv qua aaa faa 4 defta Gein ara @ were Fy amar aftad fae aqar—1 ot versie vocer EA oT ae | Pe Sa ER WY gaat aq fear aT wer &) at: veer} wakea mere suferat & | Wea Ve fee Wea | vif = aes moet \ ast &, “ALY A he ¢ 5 my? (if << ” fasts afera | as Scanned with CamScanner