Ashwini Kumar Ghosh v. Arbind Bose – Interpretation of Statutes

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The non-obstante clause in s. 2 can reasonably be read as overriding “anything contained” in any relevant existing law which is inconsistent with the new enactment. Sections 9(4) and 14(3) of the Bar Councils Act and s. 2 of the new Act cannot stand together. Whether by force of the non-obstante clause liberally construed or of the well established maxim of construction that the enacting part of an Act must, when it is clear, control the non-obstante clause when both cannot be read harmoniously, the new Act must have the effect of abrogating the powers reserved and continued in the High Courts by ss. 9(4) and 14(3) of the Bar Councils Act.

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