Meaning
This query is : Resolved
10 December 2009
Meaning of Maxims or Maxim
Meaning of generalia specialibus non derogant.
With The Examples
Thanking u all the experts.
Meaning of generalia specialibus non derogant.
With The Examples
Thanking u all the experts.
10 December 2009
Maxim - a saying that is widely accepted on its own merits.
Generalia Specialibus non derogant is a cardinal principles of interpretation. It means that the general provisions must always yield to the special provisions. It is well-known proposition of law that when a matter falls under any specific provision, then it must be governed by that provision and not by the general provision. The aforesaid rule of construction was applied by the Supreme Court in Venkataramana Devaru Vs State of Mysore, AIR 1958. In that case the Supreme Court applied the rule to resolve conflict between Article 25 (2)(b) and 26 (b) of the Constitution. It was held that the right of every religious denomination or any Section thereof to manage its own affairs in matter of religion is subject to a law made by a State providing for social welfare and reform or throwing open of Hindu religious institution of a public character to all classes and sections of Hindus.
Generalia Specialibus non derogant is a cardinal principles of interpretation. It means that the general provisions must always yield to the special provisions. It is well-known proposition of law that when a matter falls under any specific provision, then it must be governed by that provision and not by the general provision. The aforesaid rule of construction was applied by the Supreme Court in Venkataramana Devaru Vs State of Mysore, AIR 1958. In that case the Supreme Court applied the rule to resolve conflict between Article 25 (2)(b) and 26 (b) of the Constitution. It was held that the right of every religious denomination or any Section thereof to manage its own affairs in matter of religion is subject to a law made by a State providing for social welfare and reform or throwing open of Hindu religious institution of a public character to all classes and sections of Hindus.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- House Property Reporting in ITR
- Refund Annexure-B
- Internship/Academic shown in Salary Pay Slip of a Doctor
- TDS Claim year
- TDS Challan Code
- Rent lease agreement
- Liable to deduct tds and 44ADA
- Refund of 20%pre-deposit paid for stay application
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
