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29. It is well established that when a general law and a special
law dealing with some aspect dealt with by the general law are
in question, the rule adopted and applied is one of harmonious
construction whereby the general law, to the extent dealt with
by the special law, is impliedly repealed. This principle finds
its origins in the Latin maxim of generalia specialibus non
derogant, i.e., general law yields to special law should they
operate in the same field on same subject. (Vepa P. Sarathi,
Interpretation of Statutes, 5th Ed., Eastern Book Company; N.
S. Bindra's Interpretation of Statutes, 8th Ed., The Law Book
Company; Craies on Statute Law, S.G.G.Edkar, 7th Ed.,
Sweet & Maxwell; Justice G.P. Singh, Principles of Statutory
Interpretation, 13th Ed., LexisNexis; Craies on Legislation,
Daniel Greenberg, 9th Ed., Thomson Sweet & Maxwell,
Maxwell on Interpretation of Statutes, 12th Ed., Lexis Nexis)
(emphasis added)
Based on this understanding we can examine the facts of this
case.