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Trimbak Kashiram Shimpi Vs. Abaji Chimnaji Patil - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberSecond Appeal No. 344 of 1910
Judge
Reported in(1911)13BOMLR508
AppellantTrimbak Kashiram Shimpi
RespondentAbaji Chimnaji Patil
Excerpt:
dekkhan agriculturists relief act (xv11 of 1879), section 13, clause. (c)-civil procedure code (act xiv 1882), section 257a-civil procedure code (act v of 1908)-repeal of section 257 a- section 13 (c) not repealed-construction of statute. ;the repeal of section 257 a of the civil procedure code of 1882 by the civil ;procedure code of 1908, does not affect section 13, clause (c), of the dekkhan agriculturists belief act, 1879. ;where a statute is incorporated by reference into a second statute, the repeal of the first by a third does not affect the second. ;clarice sections 3. bradlaugh (1), followed. - .....not affect the second.' see also maxwell on statutes, 3rd edition, p. 590. 2. for these reasons the decree must be confirmed with.....
Judgment:

Chandavarkar, J.

1. The question is whether Section 13(c)of the Dekkhan Agriculturists' Relief Act must be regarded as repealed in consequence of the repeal of Section 257A of the old Code of Civil Procedure (Act XIV of 1882) by the new Code (Act V of 1908). That section of the Dekkhan Agriculturists' Relief Act incorporates by reference Section 257A of the old Code; and it is argued by Mr. Patvardhan for the appellant that its repeal has the effect of repealing Sections 13, Clause (c), of the Act also. But in the words of Brett L.J. in Clarke v. Bradlaugh (6) 'Where a statute is incorporated by reference into a second statute, the repeal of the first by a third does not affect the second.' See also Maxwell on Statutes, 3rd Edition, p. 590.

2. For these reasons the decree must be confirmed with costs.


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