...expressed in the maxim generalia specialibus non derogant which means general things do not derogate from special things and generalibus specialia derogant which according to Osborne's Law Dictionary.... CIT AIR 1958 SC 816, 1959 SCR 729 (SCR at p. 737) this Court observed:“Now the rule of construction expressed in the maxim generalia specialibus non derogant is...in, 20% of the said vacancies are required to be filled in by direct recruits and the remaining vacancies are required to be filled in by transfer. He referred to the maxim generalia specialibus non derogant meanin...

...) (a) was genus that in respect of the war years there was a conflict between the two subsections, and that in view of the maxim, generalia specialibus non derogant, s. 34(1A) should prevail...of generalia specialibus non derogant, the field covered by s. 34(1A) should be excluded from that covered by s. 34(1)(a). If that was the legal position before the 1956 amendment, the argument...construction which is relevant to the present enquiry is expressed in the maxim, generalia specialibus non derogant, which means that when there is a conflict between a general and a special provision, the...

...States 520 US 651 (1997), Warden v. Marrero 417 US 653 (1974)).36. The maxim generalia specialibus non derogant is dealt with in Vol. 44...expressed intention must guide the Court. Another rule of construction which is relevant to the present enquiry is expressed in the maxim, generalia specialibus non derogant, which means that when...a special legislation or a general legislation and while considering the rule in discussion, this Court observed thus:“49. … the legal maxim generalia specialibus non derogant is...

...with a subject, a general provision, howsoever widely worded must yield to the former. This principle is expressed in the maxim Generalia specialibus non derogant. 5. The aforesaid...Bhai AIR 1979 Supreme Court 1098 taking note of the principle observed as follows: Generalia Specialibus non derogant is a cardinal principles of interpretation. It means that the..., (1979) 3 SCC 123, the Supreme Court applying the maxim generalia specialibus non-derogant held that a general provision must yield to the special provision. Lord Hobhouse in Barker Vs Edgar...

...special law prevails over the general law vide G.P Singh's Principles of Statutory Interpretation (9th Edn., p. 133). This principle is expressed in the maxim generalia specialibus non derogant. Hence...Order1. Leave granted.2. The appellant claims to be a non-resident Indian settled in the United Kingdom for the last 23...

..., doctrine of generalia specialibus non derogant would apply. Hence Rule 38 of the Central Civil Services (Pension) Rules cannot override Section 47 of the Act. Further, Section 72 of the Act also...)***(e) ‘cerebral palsy’ means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries...functional levels;47. Non-discrimination in government employment.—(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a...

...could not operate in the same field. The High Court decided the petition on the principle, generalia specialibus non derogant and because both the Bihar Act and the Land Acquisition Act were concerned...generalia specialibus non derogant. This principle is exemplified by the decision of the Privy Council in Secretary of State v. Hindustan...

...specialibus non derogant, or, in other words, ‘where there are general words in a later Act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier...in Maxwell's Interpretation of Statutes (11th Edn., p. 168), is that:“A general later law does not abrogate an earlier special one by mere implication. Generalia...

...)“A general later law does not abrogate an earlier special one by mere implication. Generalia specialibus non derogant, or, in other words, ‘where there are general words in a later Act cap.... Generalia specialibus non derogant, or, in other words, ‘where there are general words in a later Act capable of reasonable and sensible application without extending them to subjects specially dealt...conflict would prevail would have arisen and that would have necessitated the application of the principle “generalia specialibus non derogant”. The general rule to be followed in case of conflict...

...the exception embodied in the maxim: generalia specialibus non derogant, (a general provision does not derogate from a special one). This means that where the literal meaning of the general enactment...exception embodied in the maxim: generalia specialibus non derogant, (a general provision does not derogate from a special one). This means that where the literal meaning of the general enactment...Interpretation of Statutes, the following passage:“A general later law does not abrogate an earlier special one by mere implication. Generalia specialibus non derogant, or, in other words...

...the code and not by the Religious Endowments Act of 1863. In our opinion the maxim generalia specialibus non derogant has no application to a case like this when the general enactment contains special...

...observed therein that the maxim “generalia specialibus non derogant” applies only to same legislative instruments and not when one instrument is an Act of Parliament and the other rule framed by the...sufficient to answer the question in favour of the Revenue and against the manufacturer, even dehors the applicability or otherwise of the principle of construction — generalia specialibus non derogant, since..., particularly in the absence of any non obstante clause to override Section 11-A of the Act. This case really dealt with the question of limitation relating to the levy, demand and recovery of duty in respect of...

..., the general provisions of S. 8(1) must, we think, yield to the special provisions of the explanation as to this particular, on the principle generalia specialibus non derogant. For this reason, we...

...whether there is ouster of jurisdiction in terms or compliance of the procedure under the special statute. The general law should yield to the special law - generalia specialibus non derogant. In...

...generalia correctness of the rule of interpretation embodied in the maxim generalia specialibus non derogant but he contended that there was no scope for the application of that rule of the interpretation ..., be construed as operating on cases other than those covered by the special provision in sub-section (1A) on the principle of interpretation embodied in the maxim generalia specialibus non derogant to...provision and sub-section (1A) was a special provision but it sought to negative the applicability of the maxim generalia specialibus non derogant by saying that sub-section (1)(a) and sub-section...

...generalia specialibus non derogant has no relevance to their construction. Nor does the principle in Heydon's case (1584) 3 Co Rep 7a offer any help on the point in issue. The mischief which...

...which may be dealing with the said subject only incidentally. That this principle of law is also enshrined in the maxim generalia specialibus non derogant. It is submitted that it is an exception to...), this Court had an occasion to consider the maxim “Generalia specialibus non derogant”. The relevant portions of paragraphs 8 and 9 are as under:“8. The maxim...“Generalia specialibus non derogant” is quite well-known. The rule flowing from the maxim has been explained in Mary Seward v. Owner of the “Vera Cruz” [(1884) 10 AC 59, 68...

.... (i) The Bengal Ghatwali Lands Act, 1859 was a special Act dealing with ghatwali lands. The Court of Wards Act, 1870 was a general enactment. On the principle generalia specialibus non derogant... 5 one by mere implication. Generalia specialibus non derogant, or, in other words, 'where there are general words in a l...

...Act, the principle of interpretation generalia specialibus non derogant would apply. There being a special provision in sub-clause (ix) which covers only certain holders of offices of the specified...