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Cases cited for the legal proposition you have searched for.

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1

...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 means special things...:“Now the rule of construction expressed in the maxim generalia specialibus non derogant is well settled, and we shall also assume in favour of the appellant that the...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 meaning thereby that general things do not...


Court: Supreme Court Of India
Date: May 13, 1999 Cited By: 234 Coram: 1
2

...) 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..... 34(1A) was carved out. While s. 34(1)(a) was a general provision, s. 34(1A) was a special provision. On the principle of generalia specialibus non derogant, the field covered by s. 34(1A) should be...specialibus non derogant, which means that when there is a conflict between a general and a special provision, the latter shall prevail. The said principle has been stated in Craies on Statute Law...


Court: Supreme Court Of India
Date: Jan 19, 1966 Cited By: 234 Coram: 3
3

...controversy (Edmond v. United 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(1) of...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 there is a conflict between a general...collected in the third edition of Maxwell is generalia specialibus non derogant i.e general provisions will not abrogate special provisions.” When the legislature has given its attention to a separate...


Court: Supreme Court Of India
Date: Feb 19, 2014 Cited By: 360 Coram: 2
4

...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...


Court: Appellate Tribunal For Electricity
Date: Jan 3, 2006 Cited By: 131 Coram: 3
5

...maxim generalia specialibus non derogant. Hence, impounding of a passport cannot be done by the court under Section 104 CrPC though it can impound any other document or thing...Order1. Leave granted.2. The appellant claims to be a non-resident Indian settled in the United Kingdom for the last 23...


Court: Supreme Court Of India
Date: Jan 24, 2008 Cited By: 340 Coram: 1
6

...and full participation to them. It being a special enactment, doctrine of generalia specialibus non derogant would apply. Hence Rule 38 of the Central Civil Services (Pension) Rules cannot override...)***(e) ‘cerebral palsy’ means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or..., intellectual, psychiatric or social functional levels;47. Non-discrimination in government employment.—(1) No establishment shall dispense with, or reduce in rank...


Court: Supreme Court Of India
Date: Feb 13, 2003 Cited By: 756 Coram: 1
7

...that the Bihar Act and the Land Acquisition Act were inconsistent Acts and could not operate in the same field. The High Court decided the petition on the principle, generalia specialibus non derogant and...Court have correctly appreciated it and applied it to the facts of the case. Two principles noticed by the High Court are apposite. The first principle is generalia specialibus non derogant. This...


Court: Supreme Court Of India
Date: Dec 7, 1962 Cited By: 364 Coram: 4
8

...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 capable of...


Court: Supreme Court Of India
Date: Jan 14, 1998 Cited By: 258 Coram: 1
9

...prescriptive of time for different purposes, and of equal efficacy and particularity. The maxim generalia specialibus non derogant has no relevance to their construction. Nor does the principle in Heydon...


Court: Supreme Court Of India
Date: Feb 20, 1990 Cited By: 190 Coram: 3
10

...)“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 capable of.... 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...


Court: Supreme Court Of India
Date: Oct 4, 1991 Cited By: 5218 Coram: 3
11

...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...


Court: Delhi High Court
Date: Jun 1, 2012 Cited By: 2438 Coram: 1
12

...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...


Court: Madras High Court
Date: Nov 25, 1912 Cited By: 3
13

...therefore the limitation prescribed in Section 11-A has to be read into Rule 57-I, unamended also. It was also observed therein that the maxim “generalia specialibus non derogant” applies only to same...principle of construction — generalia specialibus non derogant, since they do not operate in the same field or cover the same area, to be reconciled in order to avert any clash or inconsistency. That...dehors the period of limitation stipulated in Section 11-A, 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...


Court: Supreme Court Of India
Date: May 11, 2000 Cited By: 172 Coram: 3
14

.... The general law should yield to the special law - generalia specialibus non derogant. In such a situation, the approach shall not be to see whether there is still jurisdiction in the civil court under...


Court: Supreme Court Of India
Date: Feb 20, 2015 Cited By: 166 Coram: 2
15

..., 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...


Court: Madras High Court
Date: Nov 2, 1915 Cited By: 1 Coram: 2
16

...provisions as prescriptive of time for different purposes, and of equal efficacy and particularity. The maxim generalia specialibus non derogant has no relevance to their construction. Nor does the...


Court: Supreme Court Of India
Date: Aug 23, 2001 Cited By: 261 Coram: 5
17

...generalia specialibus non derogant. It is submitted that it is an exception to the principle that a latter statute would prevail over an earlier statute. It is submitted that therefore an earlier...), 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] as follows...


Court: Supreme Court Of India
Date: Mar 5, 2020 Cited By: 188 Coram: 3
18

...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 in..., 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...


Court: Gujarat High Court
Date: Dec 19, 1963 Cited By: 303 Coram: 1
19

...was a general enactment. On the principle generalia specialibus non derogant the provisions of the former Act in respect of leases of ghatwali lands would prevail over the provisions of the latter Act... one by mere implication. Generalia specialibus non derogant, or, in other words, 'where there are general words in a later Act capable of reasonable...


Court: Supreme Court Of India
Date: Feb 28, 1966 Cited By: 136
20

...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 cooperative societies...


Court: Supreme Court Of India
Date: Sep 23, 2002 Cited By: 71 Coram: 1

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