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1956 Act contained a non-obstante clause.
In that context,
the Court opined:“The Act, however, contains special provisions. The
provision of Section 4(4) of the said Act operates
notwithstanding anything to the contrary contained
in any other law for the time being in force. The
provisions of the said Act, therefore, would prevail
over the provisions of the Orissa Municipal Act. The
maxim “generalia specialibus non derogant” would,
thus, be applicable in this case. (See D.R. Yadav v.
R.K. Singh17, Indian Handicrafts Emporium v. Union
of India18 and M.P. Vidyut Karamchari Sangh v. M.P.
Electricity Board19.)”
30.
In Ram Narain (supra), the Court faced a situation
where both the statutes, namely, Banking Companies Act,
1949 and the Displaced Persons (Debts Adjustment) Act, 1951
contained non-obstante clause. The Court gave primacy to the
Banking Companies Act. To arrive at the said conclusion, the
Court evolved the following principle:“7. … It is, therefore, desirable to determine the
overriding effect of one or the other of the relevant
provisions in these two Acts, in a given case, on
much broader considerations of the purpose and
policy underlying the two Acts and the clear
17 (2003) 7 SCC 110
18 (2003) 7 SCC 589
19 (2004) 9 SCC 755
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