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T.N.REDDY (Propreitor)     05 June 2020

certain clarification

Sir, from the following example:

Section: ……

Sub-section:…….

Clause: ………

Sub-clause: …… under this sub-clause, proviso is placed. Now, how do we understand as to whether this proviso is applicable to the whole section or applicable to whole sub-section or applicable to the  whole clause or only to the subject sub-clause under which such proviso is placed?, kindly clarify sir.


 5 Replies

Meenakshi Raju Nair   05 June 2020

Hello Sir, 

From basic understanding of how to read a legislation in most situtions the proviso is applicable only to the sub-clause underwhich it is mentioned. Eventually, its application will depend on the wordings of the section, sub-clauses and the proviso. 

For example, under S. 55 of the Transfer of Property Act, 1882. The provisio clause present under clauses 2 and 3 etc are limited to understand the application of the respective clauses. 

Please do furnish the relevant section and proviso for more detailed clarification. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     05 June 2020

Yes. Well explained by Ms. Meenakshi Raju Nair.

1 Like

Meenakshi Raju Nair   05 June 2020

Thankyou !

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     07 June 2020

APPLICABLE ONLY TO....

......only to the subject sub-clause under which such proviso is placed

T.N.REDDY (Propreitor)     08 June 2020

Thank you so much to all .

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