AIR 1990 ALLAHABAD 104 ::1990 ALL. L. J. 133 ::(1990) 1 ACC 242 ::(1990) 1 CivLJ 41 ::(1990) 2 CivLJ 41 ::(1990) 1 ACJ 41 ::(1990) 16 All LR 197 ::(1990) 1 All WC 67 ::(1993) 76 ComCas 624

Allahabad High Court

Hon'ble Judge(s): N. N. Mittal, G. D. Dube , JJ

Motor Vehicles Act (4 of 1939) , S.173, S.217— Appeal arising from proceedings under old M. V. Act (1939) - Maintainable under S.173 of new Act - Appellant need not comply with conditions of S.173 - Right of appeal under old Act is not taken away either expressly or by necessary intendment. ^Interpretation of Statutes - Right of appeal under repealed statute - Not impaired unless Amendment Act makes specific provision - Expressly or impliedly.AIR 1990 All 30, Modified. General Clauses Act (10 of 1897) , S.6— An Amending Act cannot impair the right of appeal until the amendment provision makes an express provision or by necessary intendment makes the provision applicable to the present proceeding.(Para 7) Reading of S.217 of the new M. V. Act (1988), and S.6 of the General Clauses Act makes it clear that the legal proceeding instituted before repeal are to be continued or enforced as if the repealing Act had not been passed at all. It is significant to note that S.6 of the General Clauses Act would apply only when a difference of opinion does not appear. Perusal of the various provisions of the new Act does not indicate that the Parliament ever intended that all the proceedings which had been initiated prior to the new enactment would be governed by the new Act and not by the repealed Act.(Para 11-12) ....