Notwithstanding - Law Dictionary Search Results
Home Dictionary Name: notwithstandingNotwithstanding
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....
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 e
Notwithstanding any judgment, decree or other authority, the words 'notwithstanding and judg-ment, decree or order of any Court or other authority' in the proviso make it clear and leave no doubt that the legislature intended that the finality of 'judgment, decree or order of any Court or other authority' should not stand in the way of giving full effect to the retrospective introduction of the proviso in s. 3 and applying the provisions of the Delhi Rent Control Act, 1958 in cases falling within the proviso, Sunder Dass v. Ram Parkash, AIR 1977 SC 1201 (1206): (1977) 2 SCC 662: (1977) 3 SCR 60....
Notwithstanding anything contained in law for the time in force
Notwithstanding anything contained in law for the time in force, sub-s. (1) of s. 4 of the Probation of Offenders Act contains the words 'notwithstand-ing anything contained in law for the time being in force'. The above non obstante clause points to the conclusions that the provisions of s. 4 of the Probation of Offenders Act would have overriding effect and shall prevail if the other conditions prescribed are fulfilled, Isher Das v. State of Punjab, AIR 1972 SC 1295 (1298): (1973) 2 SCC 65: (1972) 3 SCR 312....
Notwithstanding anything in the Constitution
Notwithstanding anything in the Constitution, the phrase 'notwithstanding anything in the Constitution' is equivalent to saying that in spite of the other articles of the Constitution, or that the other articles shall not be an impediment to the operation of Art. 278, South India Corporation (P) Ltd. v. Secretary, Board of Revenue, AIR 1964 SC 207 (215): (1964) 4 SCR 280....
judgment notwithstanding the verdict
judgment notwithstanding the verdict see judgment ...
Notwithstanding anything contained in sub-s. (3) (Essential Commodities Act, 1955)
Notwithstanding anything contained in sub-s. (3) (Essential Commodities Act, 1955), the amount payable to the person required to sell his stock of sugar would be with reference to the price fixed under the sub-section and not the agreed price or the market price in the absence of any controlled price under sub-section (3A) of the Essential Commodities Act, 1955; Panipat Co-operative Sugar Mills v. Union of India, AIR 1973 SC 537: (1973) 1 SCC 129: (1973) 2 SCR 860....
Notwithstanding anything contained in the Code of Criminal Procedure
Notwithstanding anything contained in the Code of Criminal Procedure, the words 'notwithstandi-ng anything contained in the CrPC' found at the beginning of s. 5A(1) merely carve out a limited exemption from the provisions of the CrPC insofar as they limit the class of persons who are competent to investigate into offences mentioned in the section and to arrest without a warrant. It does not mean that the whole of the CrPC, including schedule II thereof, is made inapplicable, Union of India v. Maj. I.C. Lala, AIR 1973 SC 2204: (1973) 2 SCC 72: (1973) 3 SCR 818. [Prevention of Corruption Act, 1947, s. 5A (1)]...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial