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Non-obstante clause

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CategoryN
TitleNon-obstante clause
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When the non-obstante clause refers to the provision of a statute, the intention of the legislature must be determined and the clause has to be construed accordingly. It is often used by way of abundant caution, but mainly used as a legislative device, in case of conflict, to give the provision containing non-obstante clause an overriding effect over any other provision. (Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD) [5505])

A non-obstante clause is usually used in a provision to indicate that, that pro­vision should prevail despite anything to the con­trary in the provision mentioned in such non-obstante clause. (New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD) [2257])

A Non-Obstante Clause is usually used in a provision to indicate that, that provision should prevail despite anything to the contrary in the provision mentioned in such Non Obstante Clause. (Ref. the Interpretation of Statutes-BINDRA P.949 by Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD) [1895])

Created OnMay 20, 2014, 9:02 AM
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