Viplav Agrawal, Final year student of WBNUJS, Kolkata
ABSTRACT
Confusion on the applicability of the special law and then sudden repeal of it leads to denial of the suit where a valid cause of action arises. The judiciary has to be cautious of the measures while taking the action of repealing a special law. If the purpose of the code is to preserve the encompass diversity in the field, then the approach should be taken in a holistic manner rather being blind-sighted on a particular approach for repealing and not weighing the other one possible which saves the law.
