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protection granted by the IT Act would apply. In this regard,
we may refer to Sarwan Singh and Anr. v. Kasturi Lal14.
The Court was considering Section 39 of Slum Areas
(Improvement and Clearance) Act, 1956 which laid down that
the provisions of the said Act and the rules made thereunder
shall
have
effect
notwithstanding
therewith contained in any other law.
anything
inconsistent
The Delhi Rent Control
Act, 1958 also contained non-obstante clauses. Interpreting
the same, the Court held:“When two or more laws operate in the same field
and each contains a non-obstante clause stating
that its provisions will override those of any other
law, stimulating and incisive problems of
interpretation arise. Since statutory interpretation
has no conventional protocol, cases of such conflict
have to be decided in reference to the object and
purpose of the laws under consideration. A piquant
situation, like the one before us, arose in Shri Ram
Narain v. Simla Banking & Industrial Co. Ltd.15 the
competing statutes being the Banking Companies
Act, 1949 as amended by Act 52 of 1953, and the
Displaced Persons (Debts Adjustment) Act, 1951.
Section 45-A of the Banking Companies Act, which
was introduced by the amending Act of 1953, and
Section 3 of the Displaced Persons Act, 1951
contained each a non-obstante clause, providing
that
certain
provisions would have
effect
14 (1977) 1 SCC 750
15 AIR 1956 SC 614
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