Posts

Showing posts with the label Meaning of Saving Clause

Savings [Section 4] and Application u/s 4 of CPC

Image
     Savings [Section 4] and Application u/s 4 of CPC                   Meaning of Savings Clause in the Acts   •       “Savings” means that it saves all the rights the party previously had. •       By virtue of Savings Clause, the earlier rights are preserved. •       Earlier rights are those rights which were granted under the previous law. •       Such rights are saved from being destroyed by incorporating “ Savings Clause” in the new Act. •       Savings Clauses are introduced into the repealing Acts, in order to safeguard those rights which would have been lost, had the savings clause not been there. •       Therefore “Savings Clause” is used to preserve from destruction certain rights, remedies or privileges already existing.   Savings [ Section 4]   •       The Savings Clause provided in Section 4 of CPC reads as under:- “ (1) In the   absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect