Law: Government of India Act, 1935

Section: 223A,223

Law: Specific Relief Act, 1877

Section: 50

Law: Independence Act, 1947

Section: 6

Law: Restriction and Detention Ordinance (111 of 1944)

Section: 10

(a) Government of India Act, 1935, S. 223-A-Abrogates S. 10, Restriction and Detention Ordinance (111 of 1944), to the extent of repugnancy between the two Sections-Effect of S. 223, Government of India Act, 1935. The limiting provisions of section 10 of the Restriction and Detention Ordinance (III of 1944) that existed at the time of the enactment of section 223-A of the Government of India Act, 1935, in so far as they are repugnant to section 223-A, stand abrogated and can no longer be given effect to. Section 10 of the Ordinance is inconsistent with the new power conferred on the High Court by section 223-A and it must, therefore, yield supremacy to the new constitutional provisions. Where there is a conflict between section 223-A and a provision in an existing law and the conflict cannot be recon­ciled, the doctrine of implied repeal will have to be necessarily invoked. The jurisdiction of High Courts preserved by section 223, Government of India Act, 1935, is subject, inter alia, to an Act of the appropriate legislature. But section 223-A is untram­melled by any such limitation and contains no words suggesting that the previously existing law would govern the power con­ferred by the new section. Section 223-A of the Constitution Act was intended to confer a very much larger jurisdiction on the High Courts than they enjoyed under the previous law. The case of a detenu, therefore, in spite of the prohibition contained in section 10, Restriction and. Detention Ordinance (III of 1944), against exercise of powers under section 491, Criminal Procedure Code, can be gone into by the High Court under' section 223-A, Government of India Act, 1935. In the matter of Venkataeswarlu A I R 1951 Mad. 269 and In re Prahlad Krishna Kurna A I R 1951 Bom. 25 ref. Anant Bhaskar Lagu v. State A I R 1950 Madhya, Bharat 60 (F B) and Dayabhai v. R. T. Authority A I R 1951 Madhya Bharat 121 dissented from. (b) Government of India Act, 1935, S. 223-A-Repeals impliedly S. 50, Specific Relief Act (I of 1877)-(Obiter). In the particular instance of a writ of mandamus, there is such a repugnancy between the provisions of section 50 of the Specific Relief Act, 1877, and section 223-A of…

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