Sir, from the following example:
Section: ……
Sub-section:…….
Clause: ………
Sub-clause: …… under this sub-clause, proviso is placed. Now, how do we understand as to whether this proviso is applicable to the whole section or applicable to whole sub-section or applicable to the whole clause or only to the subject sub-clause under which such proviso is placed?, kindly clarify sir.
Hello Sir,
From basic understanding of how to read a legislation in most situtions the proviso is applicable only to the sub-clause underwhich it is mentioned. Eventually, its application will depend on the wordings of the section, sub-clauses and the proviso.
For example, under S. 55 of the Transfer of Property Act, 1882. The provisio clause present under clauses 2 and 3 etc are limited to understand the application of the respective clauses.
Please do furnish the relevant section and proviso for more detailed clarification.
