Meaning
This query is : Resolved
Pratik Nitin Vyas
(Querist)
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.
CS Mitesh Mehta
(Expert)
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.
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