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PETITIONER: THE STATE OF BOMBAY
Vs.
RESPONDENT: PANDURANG VINAYAK CHAPHALKAR AND OTHERS.
DATE OF JUDGMENT: 13/03/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 244 1954 SCR 773 CITATOR INFO : R 1965 SC1818 (28) RF 1971 SC1474 (11) R 1984 SC 790 (16) RF 1986 SC 137 (57)
ACT: Bombay Building (Control on Erection) Act, 1948, s. 15-Bom- bay General Clauses Act, 1904, s. 25-Repeal of Ordinance and reenactment as Act-Notifications issued under Ordinance whether continue in force-Construction of Act-Statutory fictions.
HEADNOTE: The Bombay Building (Control on Erection) Ordinance of 1948 applied to certain areas mentioned in the Schedule to the Ordinance, and in exercise of the powers vested in it by the Ordinance the Government extended its provisions to certain other areas including Ratnagiri in respect of buildings intended to be used for cinemas and other places of entertainment, by a notification of the 15th January,. 1948. This Ordinance was repealed by the Bombay Building (Control on Erection) Act of 1948 the provisions of which were similar to those of the earlier Ordinance. Section 15(1) of the Act repealed that Ordinance and declared that " the provisions of ss. 7 and 25, Bombay General Clauses Act, 1904, shall apply to the repeal as if that Or...