Kolhapur Canesugar Works Ltd. v. Union of India
Rule established
A repeal of a statute does not revive the statute that was repealed by the repealed statute (no revival by implication). Section 6 of the General Clauses Act, 1897 preserves rights accrued and liabilities incurred under the repealed statute.
Facts
- A Central statute regulating sugarcane pricing was repealed and replaced
- Canesugar Works had claims pending under the old statute
- Government argued the repeal extinguished all pending claims
- Company invoked Section 6 of the General Clauses Act, 1897
Issue
- Whether repeal of a statute extinguishes rights accrued and proceedings pending under it.
Held
- Section 6, GCA 1897 preserves: (a) rights, privileges, obligations accrued under the repealed Act; (b) penalties, forfeitures incurred; (c) investigations, legal proceedings commenced
- Pending claims survive the repeal unless the new Act expressly provides otherwise
- Repeal of a repealing statute does not revive the originally repealed statute (Section 7, GCA)
- Company's claims survive
Ratio Decidendi
Section 6 of the General Clauses Act, 1897 creates a statutory savings clause for all repeals. Unless the new Act contains an express contrary provision, repeal does not affect rights accrued, liabilities incurred, or proceedings pending under the repealed statute. This is a presumption that can only be displaced by express words or necessary implication.
How to use it in an exam
- Authority on effect of repeal (Section 6 and 7, GCA 1897)
- Stock citation for IoS Unit 5 (Repeal and Savings)
- Key line: "In Kolhapur Canesugar v. Union of India (2000), the Supreme Court held that Section 6 of the General Clauses Act saves rights accrued and proceedings pending under a repealed statute unless the new Act expressly provides otherwise."
Source
Source: (2000) 2 SCC 536
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.