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intendment conveyed by the
relevant provisions therein.”
31.
language
of
the
In Solidaire India Ltd. v. Fairgrowth Financial
Services Ltd.20, this Court while dealing with two special
statutes, namely, Section 13 of Special Court (Trial of Offences
Relating to Transactions in Securities) Act, 1992 and Section
32 of Sick Industrial Companies (Special Provisions) Act, 1985,
observed as follows:“Where there are two special statutes which contain
non obstante clauses the later statute must prevail.
This is because at the time of enactment of the later
statute, the Legislature was aware of the earlier
legislation and its non obstante clause. If the
Legislature still confers the later enactment with a
non obstante clause it means that the Legislature
wanted that enactment to prevail. If the Legislature
does not want the later enactment to prevail then it
could and would provide in the later enactment that
the provisions of the earlier enactment continue to
apply.”
32.
The aforesaid passage clearly shows that if legislative
intendment is discernible that a latter enactment shall prevail,
the same is to be interpreted in accord with the said intention.
We have already referred to the scheme of the IT Act and how
20 (2001) 3 SCC 71
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