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CSEET · Business Laws and Management · Introduction to Law

Consider these statements about the General Clauses Act, 1897. (i) Where an Act repeals an enactment, the repeal, unless a different intention appears, does not affect any right, privilege, obligation or liability already acquired, accrued or incurred under the repealed enactment. (ii) Where an Act repeals an enactment, any investigation or legal proceeding in respect of such right or liability must be dropped immediately. Which is correct?

Only statement (i) is correct. On repeal, rights, privileges, obligations and liabilities already acquired or incurred are preserved unless a contrary intention appears, and proceedings or remedies for them may continue. They need not be dropped, so statement (ii) is wrong.

  1. AOnly (i) is correctCorrect
  2. BOnly (ii) is correct
  3. CBoth (i) and (ii) are correct
  4. DNeither (i) nor (ii) is correct

Explanation

The Act saves accrued rights, privileges, obligations and liabilities on repeal, unless a different intention appears. It also allows investigation, legal proceedings and remedies in respect of them to be instituted, continued or enforced, so statement (ii) is wrong in saying they must be dropped.

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