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TMI BlogProvisoX X X X Extracts X X X X X X X X Extracts X X X X ..... nerally. And containing a condition or stipulation on the performance or non-performance of which, as the case maybe. The effect of a proceeding clause or of the deed depends. A Clause inserted in a legal or formal document, making some condition, stipulation, exception or limitation or upon the observance of which the operation or validity of the instrument depends [ S. 105, Indian Evidence Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which it is a proviso. It is not a separate or independent enactment. 'Words are dependent on the principal enacting words, to which they are tacked as a proviso. They cannot be read as divorced from their context' 1912 A.C. 544. If the rule of construction is that prima facie a proviso should be limited in its operation to the subject-matter of the enacting clause, the stand we have take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstrued together is to prevail. [Dwarka Prasad v. Dwarka Das Saraf - 1975 (8) TMI 121 - SUPREME COURT] In Sreenivasa General Traders & Ors. v. State of Andhra Pradesh & Ors.- 1983 (9) TMI 315 - SUPREME COURT, another three- Judge bench of this Court examined the role of a proviso while interpreting Rule 74(1) of the Andhra Pradesh (Agricultural Produce & Livestock) Markets Rules, 1969. "The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. The proper function of a proviso is to except and deal with a case which would otherwise fall within the general language of the main enactment, and its effect is to confine to that case. Where the language of the main enactment is explicit and unambiguous, the proviso can have no repercussion on the interpretation of the main enactment, so as to exclude from it, by implication what clearly fal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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