Skip to main content




'Non-obstante' is a Latin word which means 'notwithstanding anything contained'. That means this clause empowers the legislation or a provision in which it contains, to override the effects of any other legal provisions contrary to this under the same law or any other laws.

When there are two or more provisions, or laws for that matter, which are operating in the same field and each holds a non-obstante clause asserting that its provisions will have an overriding effect over those of any other provisions of law, restorative and intricate problems of interpretation arise. In settling these problems of interpretation, no cleared principles can be applied other than to refer to the purpose and object of each of the two provisions, containing the non-obstante clause. A non-obstante clause present in two provisions in the same act calls for a harmonious interpretation of the two apparent conflicting provisions of the same act. This particular exercise is not that simple, and there are proper considerations which are involved in giving effect to the object and purpose of the two provisions involved and the language used in each of them, as seen in the case of Shri Swaran Singh &Anr. v. Shri Kasturi Lal.

Thus, the non-obstante clauses are not always to be regarded as repealing clauses nor as clauses which expressly or completely supersede any other provision of the law, but merely as clauses which remove all obstructions which might arise out of the provisions of any other law in the way of the operation of the principle enacting provision to which the non-obstante clause is attached. [Bipathumma & Ors. v. Mariam Bibi; 1966(1) Mysore Law Journal page 162, 165]

Conclusively, the clauses of non-obstante are not always to be considered as rescinding clauses nor as those clauses which partially or completely replace any other provision of the law, but merely as those clauses which remove all barriers which might arise out of the any other law in the way of operating the principle provision, to which the particular non-obstante clause is attached.


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti