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Home Various Acts Words and Phrases

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

by PLRonline
August 30, 2021
in Words and Phrases
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When two or more laws or provisions operate in the same field and each contains a non-obstante clause stating that its provision will override those of any other provisions or law, stimulating and intricate problems of interpretation arise. In resolving such problems of interpretation, no settled principles can be applied except to refer to the object and purpose of each of the two provisions, containing a non-obstante clause. Two provisions in same Act each containing a non-obstante clause, requires a harmonious interpretation of the two seemingly conflicting provisions in the same Act. In this difficult exercise, there are involved proper consideration of giving effect to the object and purpose of two provisions and the language employed in each. [See for relevant discussion in para 20 in Shri Swaran Singh & Anr. v. Shri Kasturi Lal; (1977) 1 SCC 750]

see 2019 SCeJ 3012

Tags: non-obstanteTwo laws contain a non obstante clause
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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

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    • Suit for recovery of Money
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