Notwithstanding - Definition - Law Dictionary Home Dictionary Definition notwithstanding

Definition :

Notwithstanding, the words 'notwithstanding' in clause (1) and 'subject to' in clause (3) mean that where an entry is in general terms in List II and part of that entry is in specific terms in List I, the entry in List I takes effect notwithstanding the entry in List II. This is also on the principle that the 'special' excludes the 'general' and the general entry in List II is subject to the special entry in List I. Furthermore, the word 'notwithstanding' in clause (1) also means that if it is no possible to reconcile the two entries the entry in List I will prevail. Kerala State Electricity Board v. Indian Aluminium Co. Ltd., AIR 1976 SC 1031: (1976) 1 SCC 466: (1976) 3 SCR 552.