In Municipal Council, Palai v. T.J. Joseph (1963), it was argued that a later Motor Vehicles Act…
Municipal Council Palai (1963) held that "there is a presumption against an implied repeal", based on the idea that the legislature enacts laws with complete knowledge of…
Choose your answer
In Municipal Council, Palai v. T.J. Joseph (1963), it was argued that a later Motor Vehicles Act provision had impliedly repealed a municipality's power under the Travancore District Municipalities Act to fix bus stands. What approach did the Supreme Court take?
Answer and explanation
Correct answer C
Municipal Council Palai (1963) held that "there is a presumption against an implied repeal", based on the idea that the legislature enacts laws with complete knowledge of existing laws on the subject. Finding no clear inconsistency, the Court held that the resolutions of the municipal Council still held good. A later Act on a related subject does not repeal an earlier one unless the two cannot stand together.
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