Judicial Dictionary - N
Judicial Dictionary
Legislative Dictionary
Non-obstante clause
Category | N |
---|---|
Title | Non-obstante clause |
Details | 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 On | May 20, 2014, 9:02 AM |
Hits | 1207 |