SMT. S VANITHA V. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, 2020 SCeJ 2140, (2021-1)201 PLR 117 (SC)
2020 SCeJ 2140, (2021-1)201 PLR 117 (SC) SUPREME COURT OF INDIA Before : Justice Dr. Dhananjaya Y. Chandrachud, Justice Indu ...
Tag: non-obstante
Nonobstante clause – Statutory Interpretation
Criminal trial Interpretation of Statutes - Statutory Interpretation - Settled principle of statutory interpretation that a clause or a Section ...
RDDB S. 31–B – will give priority to the secured creditors even over the subsisting charges under other laws
Recovery of Debts and Bankruptcy Act, 1993, Section 31B - Insertion of Section 31B of the RDB Act will give ...
Conflict between two acts
If there is a conflict between the two special Acts, the later Act must prevail. To put it in other ...
Conflict between two acts
The principles discernible from the decision of the Supreme Court in the case of Kumaon Motor Owners' Union Ltd. (supra) ...
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 ...
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 ...
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 ...
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, ...
