It is a special legislation wrt to a certain institution.
Arbitration act is also a special law wrt arbitration and all cases of arbitration are governed by the act.
Please clarify the following legal issues: What is the criteria to categorize any law as Special or General? (1) Is "Rajiv Gandhi Institute of Petroleum Technology Act, 2007 (Act Number 54 of 2007) a Special Legislation passed by the Central Legislature in 2007? (2) Whether "Arbitration and Conciliation Act 1996" is a Special law or not in view of the latest Supreme Court judgments.
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It is a special legislation wrt to a certain institution.
Arbitration act is also a special law wrt arbitration and all cases of arbitration are governed by the act.
Arbitration act is special law
SC in case of consolidated engineering enterprises v/s principal secretary irrigation department has held that arbitration act is special act
2) if special provision is made on certain matter special law prevails over general laws
There is a special enactment which is constituted under Act of parliament. It's a special law. Yes arbitration is a special Act
This is a practical problem or an academic question.
This is platforms for aggrieved litigants to get ideas and solutions for their grievances.
As far as academic discussions are concerned this is not the place.
Arbitration and Conciliation Act, 1996 is a special legislation and will prevail over Act, 2007. If there was savings clause/section in Act, 2007 than 2007 would have prevailed over 1996 act being later enactment.
Considered with reference to its sources, the law as thus defined falls into two general classes: the written or statute law, and the unwritten or common law.
It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency
In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law derived from judicial decisions of courts and similar tribunal
The Arbitration and Conciliation Act 1996 is the key law governing arbitration in India.
There are no mandatory laws governing arbitration in India, except the Arbitration and Conciliation Act, which ensures party autonomy in respect of most procedural matters.
An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.
An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.
The Indian courts are increasingly adopting a pro-arbitration approach and enforcing valid arbitration agreements. The statement of objects and reasons of the Arbitration and Conciliation Act also recognises the principle of non-intervention by courts in the arbitration process. However, the Indian courts will refuse to enforce an arbitration agreement where it finds prima facie that no valid agreement exists or the dispute is not arbitrable.
THE RAJIV GANDHI INSTITUTE OF PETROLEUM TECHNOLOGY ACT, 2007ACT NO. 54 OF 2007
[20th December, 2007.]
An Act to declare the institution known as the Rajiv Gandhi Institute of Petroleum Technology to be an institution of national importance and to provide for its incorporation and for matters connected therewith.
What is the exact query that you want to want to clarify by this post.
When the State and Central Government discover that the general laws are not sufficient to carry out certain act, function,responsibility, duties by Government in genral and public in Special then the Government introduce special statutes to cover the gap between special and general law to provide its citizens an Special cause and result in public interest by introducing it by way of a bill either of the House of Parliament or Legislative Assembly and passing it by thumbing majority to ensure its publication in its EXTRAORDINARY GAZETTE OF INDIA OR GAZETTE OF STATE becomes Special Law and others are general laws which were passed pre and post Independence for the Citizens of India.
1- RGIPTA 2007 is a Special Law being published in EXTRAORDINARY GAZETTE OF INDIA on 20th December 2007 .
2- Arbitration and Conciliation Act 1996 is not Special Act because of its publication in ordinary Gazette of India
We have two Gazette of India under the control and supervision of Indian Parliament comprising of both the house.
1- Ordinary Gazette of India
2- Extraordinary Gazette of India.
Act and Laws which are published in ordinary Gazette of India are general laws and Act and Laws published in Extraordinary Gazette of India are Special Act.
Its decision of Parliament to decide which Act and Law would be classified in ordinary Gazette and Extraordinary Gazette.
1. Yes.
2. Supreme Court in Consolidated Engineering vs Principal Secretary, Irrigation Dept held that the Arbitration and Conciliation Act, 1996 is a special legislation.
Definition of General Act and Special Act:
General Act has the law with jurisdiction upon every people without any privilege if not mentioned in act.
Special Act is enacted to implement the law for any specific reason or with jurisdiction upon a group of individuals.
In my considered opinion, Act mentioned by you is a Special Act which has the special power for the institution.
Law related with Arbitration and Conciliation is also a Special law or Act.
Your next question is answered in one line: Special Act will always prevail on General Act."
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What is the main difference between Act and Statues? If there are any conflicting statements in it in the same subject, then which one will prevail?
They are almost same and does used interchangeably. The basic difference is a statute is law in itself. An act can be used to modify a statute or create or modify a new law
Act must prevail over Statute.
In consanance of UP State Universities Act, many Universities made their "Statute" for their internal administration. But if anything is not happening in accordance with the sections of Act, the Article of Statute must be challenged before Court.
Acts may be general but Statute are special.
Provisions of Statute would prevail over provisions of Act.
More details and clarifications are available in The Interpretation of Statutes Act .
act is a legislative proclamation modifying the existing body of law, while statute is the law itself.
Act is same all over India and statues are implicated in the particular organization which framed them.
Though the two are sometimes used interchangeably, there is a subtle difference. An act is a legislative proclamation modifying the existing body of law, while statute is the law itself. An act may create law, for example, by writing an entirely new law
1. Yes it is a special act for specifically for Rajiv Gandhi Institute of petroleum technology.
2. Arbitration and conciliation act 1996 is not a special law.
Go through the books of interpretation of statutes and you will definitely find your answer as this forum is for advising on legal issues not for academic discussion.
Regards
- The statute is initiated when a bill presents on the assembly by the member of the assembly or at the time when it is proposed by them.
- Further , if the bill is passed by the two houses of parliament or the state assembly and it is accepted when it is approved by the president in a centre or the governor in the state.
- Further , the time when the bill become law there are so many provisions in the bill it is called the statute.
- Whereas , an Act is a legislative proclamation modifying the existing body of law , while statute is the law itself.