Non obstante clause: gives a provision overriding effect over conflicting provisions, subject to textual and contextual limits. A non obstante clause gives a provision prevailing effect despite contrary provisions, indicating that where inconsistency arises the non obstante provision is intended to operate notwithstanding the conflicting clause; this effect does not require absolute repugnancy and its applicability is shaped by textual and structural context.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Non obstante clause: gives a provision overriding effect over conflicting provisions, subject to textual and contextual limits.
A non obstante clause gives a provision prevailing effect despite contrary provisions, indicating that where inconsistency arises the non obstante provision is intended to operate notwithstanding the conflicting clause; this effect does not require absolute repugnancy and its applicability is shaped by textual and structural context.
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