Legal Maxims

Generalia specialibus non derogant-general law yields to special law

It is a well settled principle of statutory interpretation that when there is a conflict between the general law and the special law then the special law shall prevail. This principle will apply with greater force to special law which is also additionally a local law.

This judicial principle is based on the latin maxim generalia specialibus non derogant, i.e., general law yields to special law should they operate in the same field on the same subject. Reference may be made to the decision of this Court in R.S. Raghunath vs. State of Karnataka & Ors.8, Commercial Tax Officer, Rajasthan vs. Binani Cements Ltd. & Ors.9 and Atma Ram Properties Pvt. Ltd. vs. The Oriental Insurance Co. Ltd[(2018) 2 SCC 27]

Jose Paulo Coutinho Vs. Maria Luiza Valentina Pereira & ANR- 13/09/2019

Categories: Legal Maxims

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