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    <title>1963 (2) TMI 76 - KERALA HIGH COURT</title>
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    <description>A post-Constitution law enacted in breach of Article 13(2) is void ab initio, non est, and incapable of producing legal effect, so its repeal clause cannot validly extinguish an earlier statute. Applying that principle, the Kerala Agrarian Relations Act, 1960, having been struck down as unconstitutional in its application to the relevant Malabar ryotwari lands, could not operate to repeal the Malabar Tenancy Act, 1929. The repeal provision in Section 95(1) was therefore ineffective, and the Malabar Tenancy Act continued to operate in the Malabar area for ryotwari lands. The contention that the repeal had failed was accepted, though the specific reliefs sought were not granted in the final order.</description>
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    <pubDate>Thu, 21 Feb 1963 00:00:00 +0530</pubDate>
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      <title>1963 (2) TMI 76 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=460572</link>
      <description>A post-Constitution law enacted in breach of Article 13(2) is void ab initio, non est, and incapable of producing legal effect, so its repeal clause cannot validly extinguish an earlier statute. Applying that principle, the Kerala Agrarian Relations Act, 1960, having been struck down as unconstitutional in its application to the relevant Malabar ryotwari lands, could not operate to repeal the Malabar Tenancy Act, 1929. The repeal provision in Section 95(1) was therefore ineffective, and the Malabar Tenancy Act continued to operate in the Malabar area for ryotwari lands. The contention that the repeal had failed was accepted, though the specific reliefs sought were not granted in the final order.</description>
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      <pubDate>Thu, 21 Feb 1963 00:00:00 +0530</pubDate>
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