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Vin Diesel   11 November 2019

contract law.

please explain the saving of contract act.


Learning

 1 Replies

Raksha Joshi   17 January 2020

Hello Sir,

 

 The undergiven explanation of the savings section of Contract Law should help you understand the provision 

 

Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act.

 

A saving clause in any law implies that the scope of such act is limited or extended from or to certain other legislations, whether passed prior to or after the said legislation comes into force. The saving clause also serves to save such legislation from the conflicting operation of any custom or usage prevalent in jurisdiction to which such law is applicable. For eg. As far as the limitation act of 1963 is concerned section 29 of Limitation Act saves the operation of Limitation Act from section 25 of Indian contract act, any special or local law which prescribes governance of limitation in cases of suits, appeals and applications. section 29 also spares conflict for the limitation act from laws related to marriage and divorce currently in force. The section also says the provisions of limitation act from conflicting provisions of the easement act of 1882 

 

This means that in any case where the court of any party whosoever contests that two different laws for eg the easement act and the limitation act prescribes supposedly different spans of limitation, the provisions of limitation act shall prevail if the case is filed under the same.

 

 Hope this helps! J

 Let me know if you have a doubt!

 

Best Regards,

Raksha

 


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