Preservation of pending proceedings under a repealed statute: section 153-C application continued before the District Judge after repeal.

Proceedings initiated under section 153-C of the Companies Act, 1913 survived repeal by the Companies Act, 1956 because section 6 of the General Clauses Act preserved accrued rights and pending proceedings unless a contrary intention appeared. The later Act did not show any intention to extinguish rights created under the earlier enactment, especially where the relevant provisions were substantially re-enacted. Section 658 of the 1956 Act preserved the operation of section 6, while section 10 dealt only with future jurisdiction under the new regime. Section 24 of the General Clauses Act did not terminate the earlier notification, so the application remained maintainable before the District Judge.

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Issues: Whether proceedings initiated under section 153-C of the Companies Act, 1913 and the jurisdiction conferred by the earlier notification survived the repeal of that Act by the Companies Act, 1956.

Analysis: Section 6 of the General Clauses Act, 1897 preserves rights, liabilities and pending proceedings arising under a repealed enactment unless a different intention appears. The repeal and re-enactment by the Companies Act, 1956 did not indicate an intention to destroy the rights created by section 153-C of the Act of 1913, particularly where the relevant provisions were substantially re-enacted. Section 658 of the Act of 1956 expressly preserved the general operation of section 6 of the General Clauses Act, and section 10 of the Act of 1956 dealt only with future jurisdiction under the new Act. Section 24 of the General Clauses Act, 1897 did not terminate the earlier notification, and the proceeding could continue before the District Judge.

Conclusion: The application under section 153-C of the Companies Act, 1913 remained maintainable after repeal, and the District Judge retained jurisdiction to hear it.

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