Explain the term “Generalia specialibus non derogant", in connection with Interpretation of Statues.

CA Intermediate · Corporate and Other Laws · PYQS · May 2024
Explain the term “Generalia specialibus non derogant", in connection with Interpretation of Statues.

Suggested Answer and Working Notes:

It is a basic rule of interpretation that if it is possible to avoid a conflict between two provisions on a proper construction thereof, then it is the duty of the court to so construe them that they are in harmony with each other. But where it is not possible to give effect to both the provisions harmoniously, collision may be avoided by holding that one section which is in conflict with another merely provides for an exception or a specific rule different from the general rule contained in the other. A specific rule will override a general rule. This principle is usually expressed by the maxim, "generalia specialibus non derogant". However, this rule can be adopted only when there is a real and not merely apparent conflict between provisions, where the words of a statute, on a reasonable construction thereof, admit of one meaning only then such natural meaning will prevail. The court shall not attempt an interpretation based on equity and harmonious construction.

Topics: Interpretation of Statutes

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