Repeal of a Statute

Effect of Repeal: The general principle regarding the consequence of repeal of a statute is that an enactment which is repealed is to be treated, except as transactions passed and closed, as if it had never existed. The effect of repeal has also been stated in Sec.6 of the General Clauses Act X of 1897.

Implied Repeal: The Legislature can exercise the power of repeal by implication. But it is an equally well settled principle of law that there is a presumption against an implied repeal. Upon the assumption that the Legislature enacts law with a complete knowledge of all existing laws pertaining to the same subject the failure to add a repealing clause indicates that the intent was not to repeal existing legislation. Of course, this presumption will be rebutted if the provisions of the new Act are so inconsistent with the old ones that the two cannot stand together.