what is meaning of "NOTWITHSTANDING" in the law
M V Gupta (Advocate) 30 July 2011
The not withstanding clause in a staute makes the provision independant of other provisions contained in the law, even if the other provisions provide to the contrary . The SC in Brij Raj V S.K. Shah (AIR 1951 SC 115 has held that the expression "Notwithstanding sany thing contained in any other law" prevents reliance on any other law to the contrary.
P.K.Haridasan (Advocate) 30 July 2011
Guptaji rightly said;. It is known as non-obstant clause in legal parlour
valentine thakkar (advocate) 01 August 2011
Notwithstanding=prop. in spite of; without prevention by; nevertheless(from not withstand). This is the dictionary meaning but the word is used in law variously - sometimes difficult to understand the meaning. The above experts have given their meaning but still it is not clear.
LLB.ACS Gourav Khatri (COMPANY SECRETARY) 12 August 2011
“A non-obstante clause is usually used in a provision to indicate that the provision should prevail despite anything to the contrary in the provision mentioned in such non-obstante clause. 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.” [Parasuramaiah vs. Lakshamma AIR 1965 AP 220]
C. SANJEEVA RAO (ADVOCATE) 16 September 2013
The word "notwithstanding" it self is independent over other clauses of the sections prevailed in the Statute book, It is a non-obstante clause, with the help of this clause, one can over come the confusion arisen by the provision which is contrary.