Various Acts
Interpretation of Statutes – It is contrary to all rules of construction to read words into an Act unless it is necessary to do so
"… we cannot aid the legislature's defective phrasing of an Act, we cannot add or mend and, by construction, makeup...
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Examining’may’ used ‘shall’ and have effect of directory in nature
Bachahan Devi v. Nagar Nigam, Gorakhpur, “18. It is well-settled that the use of word “may” in a statutory provision...
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Words – May and Shall
When the word “may’ shall mean “shall”? “Principles of Statutory Interpretation”, 14th Edition - Justice G.P. Singh while considering the enabling...
Read moreUnion Bank of India v. Vee Jay Enterprises, 2014 PLRonline 5742
PUNJAB AND HARYANA HIGH COURT Before : Justice K. Kannan. UNION BANK OF INDIA — AppellantversusVEE JAY ENTERPRISES — Respondent...
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Power of Attorney
Power of Attorney - An attestation by a Notary Public is merely a manner of securing an authentication but the...
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First charge
Sales Tax Act, S. 33-C, " Section 33-C creates a statutory charge that prevails over any charge that may be...
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Conflict between two acts
If there is a conflict between the two special Acts, the later Act must prevail. To put it in other...
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Conflict between two acts
The principles discernible from the decision of the Supreme Court in the case of Kumaon Motor Owners' Union Ltd. (supra)...
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non-obstante clauses are not always to be regarded as repealing clauses nor as clauses which expressly or completely supersede any other provision of the law
The non-obstante clauses are not always to be regarded as repealing clauses nor as clauses which expressly or completely supersede...
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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...
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non-obstante clause is a legislative device which is usually employed to give overriding effect to certain provision over some contrary provision
It is well-known that a non-obstante clause is a legislative device which is usually employed to give overriding effect to...
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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...
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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...
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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...
Read morenon 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...
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