AIR 1953 SAURASHTRA 195

Saurashtra High Court

Hon'ble Judge(s): Shah , C.J. AND Baxi , J

(A) Constitution of India , Art.226— Error of law. Saurashtra Land Reforms Act (25 of 1951) , S.3, S.65— The Revenue Tribunal's view that S.3 of the Saurashtra Land Reforms Act does not abrogate the rights acquired under the Gharkhed Ordinance (41 of 1949) is not wholly impossible of acceptance. If that view is erroneous, it is merely an error of law and does not amount to a conscious violation of law or a manifest error and the High Court has no jurisdiction to correct it under Art.226. Case law discussed.(Para 4 6) (B) Interpretation of statutes - Repeal. Civil P.C. (5 of 1908) , Preamble— General Clauses Act (10 of 1897) , S.6— A repeal effected by a temporary legislation is only a temporary repeal and with the expiration of the temporary repealing enactment the original legislation would automatically resume its full force. No reenactment of it would be required. AIR 1949 PC 90, Foll.(Para 7) Anno : C.P.C., Pre. N.7; G.C. Act, S.6, N.1. (C) The Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands (Amendment) Act (30 of 1950) , S.2— Tenancy Laws - Scope. Saurashtra Land Reforms Act (25 of ....