Case Name : Har Naraini Devi vs Union of India
Case Reference: (2022) 15 SCR 500 :
Neutral Citation:
Case Number: CA 22957/2017
Court: Supreme Court
Bench: 02
Coram: Hemant Gupta, Vikram Nath (Author)
Date: 20.09.2022
The question of repugnancy arises only if both the Parliament and the State legislature have made law with respect to any one of the matters enumerated in the Concurrent list (Para 18)
Any State enactment relating to Agricultural land tenures is a special law. (Para 20)
Amendments are deemed to apply prospectively unless expressly specified to apply retrospectively or intended to have been done so (Para 23)
Repeal of an enactment does not effect previous operation of such enactment (Para 24)
Delhi Land Reforms is a special law, and Hindu Succession Act is a general law; existence or absence of 4(2) of the Hindu Succession Act is immaterial (Para 26)
Refer also: Innoventive Industries Ltd vs ICICI Bank, (2018) 1 SCC 407 Para 450, para 50-51 Parshanti vs Deputy Director of Consolidation, (1997) 11 SCC 157 Shree Bhagwati Steel Rolling Mills vs CCE, (2016) 3 SCC 643 (Para 12, 13) Explaining the meaning of repeal Repeal is not only of the enactment but any provision in any Act. Delete and omit are used interchangeably. There is no distinction that repeal amounts to obliteration from the beginning, and omission is only in futuro
See also: GCA - Section 6
PDF: Har Naraini Devi vs Union of India, (2022) 15 SCR 500.pdf