Inconsistent - Definition - Law Dictionary Home Dictionary Definition inconsistent

Definition :

Inconsistent, 'inconsistent', according to Black's Legal Dictionary, means mutually repugnant or contradictory; contrary, the one to the other so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other'. So we have to see whether mutual co-existence between s. 34 of the Bonus Act and s. 3(b) of the U.P. Act is impossible. If they relate to the same subject-matter, to the same situation, and both substantially overlap and are co-extensive and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all - then, only then, are they inconsistent, Basti Sugar Mills Co. Ltd. v. State of U.P., AIR 1979 SC 262 (269): (1979) 2 SCC 88: (1979) 1 SCR 590. [U.P. Industrial Disposes Act, 1947, s. 3(b)(c); Payment of Bonus Act, 1965, s. 34]

According to Black's Legal Dictionary means 'mutually repugnant or contradictory, contrary, the one to the other so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other'. If they relate to the same subject-matter, to the same situation, and both substantially overlap and are co-extensive, and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all, then only then, are they inconsistent, Commissioner, Bangalore Development Authority, Bangalore v. State of Karnataka, AIR 2006 (NOC) 318.