Conflict between Special and General law
Jainodin shaikh
(Querist) 05 February 2009
This query is : Resolved
In The Maharashtra Rent Control Act, 1999 section 34 is there for Appeals. But an appeal is filed u/r 41 of C.P.C.
Whether the appeal; despite of Special Law and Provision, filed under General Law is tenable?
Please suggest any caselaw on the point of non maintainability of the civil appeal.
Manish Singh
(Expert) 06 February 2009
Dear Mr. Sheikh,
as a general rule if theres any special law on a subject, then we are to comply with the said spcial enactment but please have a look whether the rent act bars any other courts jurisdiction or not.
there should be a non obstante clause if the legislature had an expressed intention to bar any other court's juridiction over the same. But the bar is deemed to be implied when there is a special procedure/enactment on a subject (as per the provisions of CPC) so even in absence of a non obstante clause in the rent law, suits must be barred impliedly to be entertained by any other court but the rent controller.
arunprakaash.m.
(Expert) 06 February 2009
special law will supercede general law.
ARVIND JAIN
(Expert) 06 February 2009
THATS THE CORRECT VIEW.
Murali Krishna
(Expert) 06 February 2009
Special law prevails over general law always.
In your question, pl check whether the special law prohibit any appeal. In the absence of any specific prohibition for filing appeal, appeal is maintainable.
