pathan shiyaz khan
(Querist) 02 May 2008
This query is : Resolved
when there is a question of validity and applicability of the provisions in two different statutes which have been inacted in the same year which provision will be prevailed.
(Expert) 02 May 2008
it to be noted that which is inacted as latest ,that can be prevailed ...
(Expert) 05 May 2008
This is a issue of Harmonious Construction of Statues- an issue delat in interpretation of statute. Firstly both the statutes should be given full effect into. If it is not possible then both the statutes will operate in the area assigned to it. Even when it is not possible, special staute shall prevail over the general statute. A Central statute will prevail over state statute, provided the state statute has not been enacted after President's approval.