selection as basis--Whether the General
Rules override the Special Rules,
Non-obstante clause---Whether has the effect of abrogat-
ing the earlier Special ... Statutory Construction:
Non-obstante clause--Scope of--Whether to be necessarily
and always co-extensive with operative portion--Courts to
examine every word
order-
Appeal-If lies against that order-
Interlocutory order-What is.
Non-obstante clause-Interpretation of.
HEADNOTE:
Section 11(1) of the Special Courts ... parties.
Taking ib natural meaning and applying the
381
non-obstante clause the position is that the provisions of
the Code of Criminal Procedure
elementary that a non obstante tail should not
wag a statutory dog. A non obstante Clause cannot whittle
down the wide import of the principal ... part. The enacting
part is Clear and the non obstante clause cannot cut down
its scope.[1217 A-B] Aswini Kumar Ghose and Another
Union law, the
latter must prevail in view of the non obstants clause in s.
6 of the Essential Commodities Act and the former which ... conflict between the Entries in the Union
and State Lists. The non obstante clause in cl. (I) of Art.
246 must operate only if reconciliation
ambit of jurisdiction of High Court to interfere.
Statutory interpretation.
Non-obstante clause 'notwithstanding anything
contained.. '-Expression contained in statute-Meaning of-
Court ... contract was terminated by notice of the landlord,
and that the non-obstante clause in s. 15-A of the Act which
protected the operative
deletion of the second proviso to Section 43B , and the opening
non-obstante clause in Section 43B had to be given full meaning ... omit the references of clause (a), clause (c), clause (d), clause (e)
and clause (f) which is consequential in nature.
It is also proposed
anything
contained in clauses (2) and (3) of Article 246. The non obstante
clause under Article 246(1) indicates the predominance or
supremacy ... parliamentary legislation
will predominate, in the first, by virtue of the non obstante clause
in Article 246(1) , in the second, by reason of Article
subordinate and subject thereto.
Section 129 begins with a non obstante clause and seems to suggest
something to the contrary. At least ... that merely because Section 129
of the CPC begins with the non obstante clause , "notwithstanding anything
in this Code", the section cannot
court under
the Code revives and becomes exercisable. [56H]
(b) The non-obstante clause is intended to restrict the
power of granting bail under ... except in so far as they
are by reason of the non-obstante clause overridden by r.
184. [57B-C]
(d) An application under
connection
with the factory". Clearly, the underlined portion (the non-
obstante clause and the phrase 'all persons employed') has
the effect ... force. [300F and 295E]
It is well-known that a non-obstante clause is a
legislative device which is usually employed to give over-
riding
