Thursday, January 21, 2021

Non-Obstante Clause with case law and short explanation

Important Case Law related to Non-Obstante Clause

1. Chandavarkar Sita Ratan Rao v. Ashalata S Gauram, 1987 AIR (SC) 117

A clause beginning with expression “notwithstanding anything contained in this act or in some particular provision in the act or in some particular act or in any law for the time being in force or in any contract”, is called non obstante clause.

2. Sarwan Singh v. Kasturi Lal, 1977 (1) SCC 750

When two or more laws operate in the same field and each contains a non obstante clause stating that it’s provision will override those of any other law, stimulating and incisive problems of interpretation arise.

IMPORTANT CASE LAW OF JUDICIAL SERVICES 

 Illustrations

1. Sec. 147 of N.I Act 1881 (overriding effect on sec. 320 CrPC) 
2. Sec. 129 of C.P.C., 1908
3. Section 144& 163-A of M.V. Act, 1988
4. Section 20 of SC/ST Act, 1989 
5. Section 32(1) of Domestic Violence Act. 2005 

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