I think, you are getting it wholly wrong, here! The question of exhaustive or not does not or must not come in relation to the Act wholly but may be in relation with a certain and particular provision. By your logic, if an Act relies on another; then General Clasuses Act is generally applicable to each amd every legitimate as far as relevant.
Concept- Exhaustiveness can used in reference to the Acts as well as particular provision. If a particular Act is wholesome in particular area of law,then despite application of GCA it would be termed as Exhaustive. Hence, the explanation in the video stands correct.
@chhavisnotes Chhavi, no Legislation is exhaustive in its Nature, when we talk about exhaustivness, it is not possible, technically; we always talk about the provisions in it (the law governing a particular act.) You will see, judgments, talking about exhaustivness always refer to the provisions, not the act wholly. See, by example, from Para 8 of 2023 INSC 653: "The Act itself provides for an exhaustive, complete mechanism to revoke the licence of a registered practitioner for professional misconduct." Look at the words used: It says, "...provides..." Not, "is."
Hardik, Acts can be exhaustive if they comprehensively cover particular area of law in which they are dealing. If the Act is complete and wholesome, yes they are exhaustive. The reference can be made by the use of words such as 'consolidated' in the preamble. Judgments refers to provision because the facts of the case are related to the provision which has been quoted in it. What you are saying is also correct, which I have mentioned in the video that sometimes provisions are also exhaustive even if the Acts is not,for example, Specific Relief Act, where Act is not exhaustive but remedies are. But that does not means legislations can never be exhaustive, they can be too. Else I will look upon this and would rectify the mistake if it is found, till then video stands correct too, as far as my knowledge goes.
I think, you are getting it wholly wrong, here! The question of exhaustive or not does not or must not come in relation to the Act wholly but may be in relation with a certain and particular provision.
By your logic, if an Act relies on another; then General Clasuses Act is generally applicable to each amd every legitimate as far as relevant.
Concept- Exhaustiveness can used in reference to the Acts as well as particular provision. If a particular Act is wholesome in particular area of law,then despite application of GCA it would be termed as Exhaustive.
Hence, the explanation in the video stands correct.
@chhavisnotes Chhavi, no Legislation is exhaustive in its Nature, when we talk about exhaustivness, it is not possible, technically; we always talk about the provisions in it (the law governing a particular act.)
You will see, judgments, talking about exhaustivness always refer to the provisions, not the act wholly.
See, by example, from Para 8 of 2023 INSC 653: "The Act itself provides for an
exhaustive, complete mechanism to revoke the licence of a registered
practitioner for professional misconduct."
Look at the words used: It says, "...provides..." Not, "is."
Hardik, Acts can be exhaustive if they comprehensively cover particular area of law in which they are dealing. If the Act is complete and wholesome, yes they are exhaustive. The reference can be made by the use of words such as 'consolidated' in the preamble.
Judgments refers to provision because the facts of the case are related to the provision which has been quoted in it.
What you are saying is also correct, which I have mentioned in the video that sometimes provisions are also exhaustive even if the Acts is not,for example, Specific Relief Act, where Act is not exhaustive but remedies are.
But that does not means legislations can never be exhaustive, they can be too.
Else I will look upon this and would rectify the mistake if it is found, till then video stands correct too, as far as my knowledge goes.
@@chhavisnotes 👍.
Hlo ma'am
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