2011 AIR SCW 2321 ::2011 (3) AIR Kant HCR 167 ::2011 (3) AIR Kar R 167 ::(2011) 2 WLC(SC)CVL 34 ::2011 FAJ 441 ::2011 (6) SCC 668 ::(2011) 4 Scale 157 ::AIR 2011 SC (Civil) 1092 ::(2011) 3 KCCR 324 ::AIR 2012 SC (Supp) 220

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): R. V. Raveendran, H. L. Dattu , JJ

(A) General Clauses Act (10 of 1897) , S.6— Essential Commodities Act (10 of 1955) , S.3— Drugs (Prices Control) Order (1987) , Para.3(1)— Supersession of notification - It amounts to repeal of earlier notification - Provisions of S.6 of General Clauses Act, not applicable - Liabilities accrued and incurred under earlier notification remains unaffected. Words and Phrases - Word 'supersession' - Meaning The expression "supersession" has to be understood to amount 'to repeal" and when notification is repealed, the provisions of Section 6 of the General Clauses Act would not apply to notification. The result that flows from changes in the law by way of amendment, 'repeal', 'substitution' or 'supersession' on the earlier rights and obligations cannot be decided on any set formulae. It is essentially a matter for construction and depends on the intendment of the law as could be gathered from the provisions in accordance with accepted canons of construction. In the instant case the liability for payment of difference amount in drugs prices incurred by the respondent-company could be enforced after the order passed under DPCO 1987, when the earlier notification was superseded. In case of supersession of a notification, the objections and liabilities accrued and incurred under the earlier notification remain unaffected, since the supers....