Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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 6 Replies

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.

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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.

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SACHIN AGARWAL (ADVOCATE)     04 August 2011

WElladvice by MR. Gupta.

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.  

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