Student seeks evaluated Answer Script, University demands ₹1,000: CIC Says RTI Rules Override
“It is noteworthy that when any Rules/Bye Laws are found inconsistent with the RTI Act, 2005 then the non-obstante clause of Section 22 becomes operative.”
non-obstante clause
Explained | Why Kerala HC Upheld the 2026 Industrial Relations Code Amendment Allowing Existing Labour Tribunals to Continue
The Court clarified that Section 104(1-A), IR Code starts with a non-obstante clause, thereby enabling it to operate even if there is any contrary or inconsistent provision contained in the same statute.
MP High Court affirms JJ Act’s jurisdictional primacy over NIA Act in trials involving juveniles
“A person cannot be a juvenile for one purpose and an adult for other purpose. The Courts lean strongly against any construction which tends to reduce a statute to a futility.”
Single Real Estate Allottee cannot trigger Insolvency Proceedings under Section 7 of IBC: NCLAT
The underlying claim of an aggrieved party, such as an allottee, is crystallized in the form of a court order or decree, and this does not alter or disturb their status as financial creditors.
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
SARFAESI Act recoveries with respect to the secured assets to prevail over the recoveries under the MSMED Act: Supreme Court
The Supreme Court considered the provisions of Section 15 to 23 read with Section 24 of the MSMED Act and the provisions of SARFAESI Act and stated that there is no repugnancy between the two enactments and no conflict between the specific subject of ‘priority' . It, hence, upheld the subsequent enactment of law with non-obstante clause in SARFAESI Act over MSMED Act.