meaning of a sentence

vinod bansal (Querist) 27 May 2009 This query is : Resolved
Respected members
let me know please meaning of ""not withstanding anything contained in section or in any other law for the time beingenforced" (2nd query ) "not withstanding anything inconsistent"

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Guest (Expert) 28 May 2009
This phraseology is called "non-obstante clause". It has over-riding effect on other sections, clauses within the Act and also other Acts.

Most interesting thing comes when these obstante clauses appear in the sections of two different Acts and court has to interpret that which section over-rides which section. For this, the broad principles are:

1. If one clause is in General Act and the other clause is in Special Act, the latter will prevail.

2. If both the clauses are in different Special Acts, the clause which was passed latter in time will prevail over the clause which was passed earlier in time.

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A. A. JOSE (Expert) 28 May 2009
Mr.Prabhakar has rightly answered the question and I thank him.

B.B.R.Goud. (Expert) 01 June 2009
already answered....this is repeated...

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