Non obstante clause / Notwithstanding

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..... In case there is any inconsistency or a departure between the non obstante clause and another provision one of the objects of such a clause is to indicate that it is the non obstante clause which would prevail over the other clause. It does not however necessarily mean that there must be repugnancy between the two provisions in all such cases. K. PARASURAMAIAH VERSUS POKURL LAKSHMAMMA- 1964 (12) .....

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..... icle. [JINDAL STAINLESS LTD. AND ANR. VERSUS STATE OF HARYANA AND ORS.- 2016 (11) TMI 545 - SUPREME COURT (LB)] In Automobile Transport 1962 (4) TMI 91 - SUPREME COURT, also found the use of the non-obstante clause to be a "defect in phraseology". His Lordship held that the non-obstante clause has no relevance to Article 303 even when the Article is mentioned alongwith the non-obstante clause. T .....

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..... ifts the ban imposed by Art. 303, subject to the limitation mentioned therein. Therefore, the non-obstante clause must be deemed to apply only to that part of Art. 304 appropriate to the said clause. If so read, the difficulty in the construction disappears. Art. 304(a) lifts the general ban imposed by Article 301 in respect of imposition of non-discriminatory taxes on goods imported, which indica .....

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