AIR 1958 MADHYA PRADESH 333 ::1958 JabLJ 427 ::1958 MPLJ 298 ::ILR (1957) MP 396

Madhya Pradesh High Court

Hon'ble Judge(s): G. P. Bhutt, B. K. Chaturvedi , JJ

(A) Constitution of India , Art.395, Art.372, Art.366(10)— Letters Patent - Repeal. The Letters Patent is not an enactment which amends or supplements the Government of India Act. Therefore, it does not stand repealed under the express terms of Article 395. The contention that it should be deemed to be repealed because the Government of India Act is no longer operative would be well founded if the repealing statute had not any saving clause; the saving clause is found in Article 372 of the Constitution. The Letters Patent falls under the definition of "existing law" in Article 366(10) of the Constitution as it is an order made under statutory authority. An 'existing law,' is not materially different from the 'law in force', which are the words used in Article 395, except that emphasis in one is on the existence and in the other on the enforceability of the law. The contention that the Letters Patent is no longer operative has, therefore, no force. (B) Letters Patent (Nag) , Cl.10— Validity. The rule-making power of the High Court under section 108 of the Government of India Act, 1915, which is referred to in Clause 10 of the Letters Patent, has continued unimpaired. It was exercisable under the corresponding provision of the Government of India Act 1935, nam....