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Siddhant Singh (Student)     11 September 2011

Clash of two clauses

 

Regarding Indian law what happens in case of clash of two clauses?

Clause A of a rule is not totally in contrast but limits Clause B to some extent. Clause A has been around for some time while Clause B has been newly framed and is being applied for the first time.
What happens in such cases? Please give examples where the court has held that Clause B cannot be applied in the case.
In civil writ petition should one write all the grounds in the petition or leave some arguments to be made in court?
Also please let me know how much time does it take for a writ petition to be admitted and heard in an Indian High Court.


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 1 Replies

SONI KARTIK (Lawyer)     12 September 2011

Dear,

Please specify the metter about the so-called cluase which you said. as you asked if cl._A nerrates any provision and thereafter cl_B narrates any provision which is to be applied in special circumstances or it would be an execption.

Dear , In writ Petition , you have to mantion all the facts in cronologically and therafter draft your arguable points and then prayer clause and then paragraph with requst to permmission to pray any other points during the time of arguments.

Dear, Normally writ petition is fixed for hearing for admission immediately.


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