Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1993 Recovery of Debts and Bankruptcy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Allowed |
Headnote | Recovery of Debts and Bankruptcy Act, 1993:s. 6 (as substituted/amended by Act 44 of 2016 w.e.f. September1, 2016) – Term of office of Presiding Officer – Applicability of thesubstituted/amended provision – To the Presiding Officers who wereappointed prior to the substitution of the provision – Petitionerswere appointed as Presiding Officers – Term of the office applicableat the relevant time as per s. 6 (unamended) was for 5 years untilattaining 62 years of age, whichever was earlier – s. 6 wassubstituted w.e.f. September 01, 2016 – As per the substitutedprovision term of office was for five years till attaining the age of65 – On September 01, 2016 the petitioners had not completed 35years but were attaining 62 years of age – Writ petition claiming tobe governed by substituted s. 6 – Held: The amended /substituted s.6 shall apply in the case of petitioners.s.6 (as substituted/amended by Act 44 of 2016) – Interpretationof – Held: Purpose of the amendment was to reduce the burden ofpendency by enhancing of age of Judges – In order to fulfill theobjective purposive interpretation is to be given to the statute –Interpretation of Statute – Purposive interpretation.Legislation:Substitution of a provision – Effect of – Held: Whenever thelegislature uses the word ‘substitution’, it has the effect of deletingthe old provision and make the new provision operative – The words‘substitution’ can be construed as an ‘amendment’, if it is foundthat legislature intended otherwise.Words and Phrases:‘Substitute’, ‘Substitution’ – Meaning of. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 797 |
Petitioner | Gottumukkala Venkata Krishamraju |
Respondent | Union Of India And Ors. |
SCR | [2018] 11 S.C.R. 39 |
Judgement Date | 2018-09-07 |
Case Number | 732 |
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