Supreme Court of India

State of Punjab v Mohar Singh

(1955) 1 SCR 89319551 min read
The case in brief30-second read
Facts
Mohar Singh was prosecuted for an offence under the East Punjab Refugees (Registration of Land Claims) Ordinance 1948, which was repealed and replaced by an Act that did not expressly save pending prosecutions.
Issue
Whether S.6 of the General Clauses Act saved his liability.
Held
S.6 applies where a law is repealed and re-enacted unless the new law shows a different intention. The question is whether the new Act intends to destroy existing liabilities, not whether it expressly keeps them alive. S.6 does not apply to a temporary law that simply expires. His prosecution could continue.
Principle
On repeal, liabilities survive under S.6 GCA unless the new law manifests an intention to destroy them.
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Facts

  • Mohar Singh was prosecuted for an offence under the East Punjab Refugees (Registration of Land Claims) Ordinance 1948, which was repealed and replaced by an Act that did not expressly save pending prosecutions.

Issue

  1. Whether S.6 of the General Clauses Act saved his liability.

Held

  • S.6 applies where a law is repealed and re-enacted unless the new law shows a different intention. The question is whether the new Act intends to destroy existing liabilities, not whether it expressly keeps them alive. S.6 does not apply to a temporary law that simply expires. His prosecution could continue.

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Citation

State of Punjab v Mohar Singh (1955) 1 SCR 893

Reported: https://indiankanoon.org/doc/1470235/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.