Thursday 11 June 2015

Two special enactments having competing non-obstante clause- non-obstante clause of subsequent statutes shall prevail

119. The principle therefore would be that the court must look into the objectives of the two special acts. In case both the enactments have competing non-obstante provision, then the non-obstante clauses of the subsequent statute would prevail the non-obstante clauses found in the earlier enactment unless it is found that the subsequent act is a general one of the earlier enactment is a general statue.
IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. Rev. No. 443/2009 & Crl.M.A.No.3071/2010

 Date of Decision: 12th August, 2014

DELHI HIGH COURT LEGAL SERVICES COMMITTEE ..Petitioner
VERSUS

UOI & ANR. ....Respondents



CORAM:

HON'BLE MS. JUSTICE GITA MITTAL

GITA MITTAL, J
Read full judgment: https://drive.google.com/file/d/0B5vWGtQ14k1BaGQ4UEdVQ09BY2M/view?usp=sharing

Citation: 2015CriLJ2054, 214(2014)DLT1

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