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Home Various Acts Words and Phrases

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

by PLRonline
August 30, 2021
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“68… the 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; it must compare the clause with the other parts of the law and the setting in which the clause to be interpreted occurs.”

State Bank of West Bengal v. Union of India, [(1964) 1 SCR 371],

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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

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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

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      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
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    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
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    • Proclaimed offender
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    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
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      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
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