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The non-obstante clauses are not always to be regarded as repealing clauses nor as clauses which expressly or completely supersede...

When two or more laws or provisions operate in the same field and each contains a non-obstante clause

When two or more laws or provisions operate in the same field and each contains a non-obstante clause stating that...

It is equivalent to saying that in spite of the provision of the Act or any other Act mentioned in the non-obstante clause or any contract or document mentioned the enactment following it will have its full operation or that the provisions embraced in the non- obstante clause would not be an impediment for an operation of the enactmen

A clause beginning with the expression "notwithstanding any thing contained in this Act or in some particular provision in the...

non obstante – such a clause is used to avoid the operation and effect of all contrary provisions

"There is no doubt that by non-obstante clause the Legislature devices means which are usually applied to give overriding effect...

non obstante – court must try to find out the extent to which the legislature had intended to give one provision overriding effect over another provision.

"It is well settled that while dealing with a non-obstante clause under which the legislature wants to give overriding effect...

non obstante – must be understood to have been incorporated in the enactment by the legislature by way of abundant caution and not by way of limiting the ambit and scope of the Special Rules

"... The non-obstante clause is appended to a provision with a view to give the enacting part of the provision...

non obstante clause – When the section containing the said clause does not refer to any particular provisions which it intends to override but refers to the provisions of the statute generally, it is not permissible to hold that it excludes the whole Act and stands all alone by itself

The non obstante clause is no doubt a very potent clause intended to exclude every consideration arising from other provisions...

non-obstante clause – Court must ascertain the intention of the legislature by directing its attention not merely to the clauses to be construed but to the entire statute

"68... the Court must ascertain the intention of the legislature by directing its attention not merely to the clauses to...

non-obstante clause

A non-obstante clause is generally appended to a section with a view to give the enacting part of the section,...

Jaswant Singh v. Gurdev Singh, 2011 SCeJ 006

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2011 SCeJ 006Download SUPREME COURT OF INDIA HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE JASTI CHELAMESWAR JASWANT SINGH...

COI Art. 227 – Revision – Scope of interference is limited.

Public Document – Compromise had become a part of the decree which was passed by the court became a public document in terms of Section 74 of the Indian Evidence Act, 1872

Evidence Act S. 74, S. 76, S. 77 Compromise had become a part of the decree which was passed by...

Registered copy of the Will of 1898 was admitted in evidence, No objection, however, appears to have been taken in the first court

"The defendants have now appealed to His Majesty-in-Council, and the case has been argued on their behalf in great detail....

Objection as to the mode of proof – Objection as to the mode of proof falls within procedural law – Therefore, such objections could be waived

Practice and procedure - Objection as to the mode of proof falls within procedural law - Therefore, such objections could...

Objection as to the mode of proof – Disallowing objection as to mode of proof at appellant stage as a rule of fair play to avoid prejudice to the other side .

Objection as to the mode of proof - Disallowing objection as to mode of proof at appellant stage as a...

Objection as to the mode of proof – Must be taken when the document is tendered and before it is marked as an exhibit