Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
of general act providing for the matter connected with the specific act, the rule that ‘general
provision should yield to the specific provision’ is to be applied.1
Ejusdem generis
If an enactmentor document uses a general word follows particular and specific words of the
same nature as itself, the general words takes its meaning.
When the legislature has given its attention o a separate subject, and made provision for it, the
presumption is that a general enactment is not intended to interfere with the special provision
unless it manifest tat intention very clearly. Each enactment must be construed in that respect
according to its own subject-matter and its own terms3
Where there is a conflict between a special Act and general Act, the provisions of the special Act
prevails.4
In the instant matter it clearly follows that the entire situation has been provided for by special
legislation and there is no need to fall back upon the provision of the general act. A special
provision would keep away the application of the general law5
Lord Wood VC in London and Black-wall Rly v. Limehouse District Board of Works6 The
legislature in passing a special Act has entirely in its consideration some special power which is
1 Suresh Nanda v. C.B.I. 2008 Cri LJ 1599
2 Fitzgerald v. Champneys 2 J&H 31,54.
3 Barker v. Edgar {1898} AC 748,754
4 Collector of Bombay v. Kamalawahooji AIR 1934 Bom 12
5 Jogendra lal saha v. State of Bihar A.I.R. 1991 S.C. 1148 (India).
6 (1856) 26 LJ 164.
to be delegated to the body applying for the act on public grounds. Where a general act seems to
be a necessary inference that the legislature does not intend thereby to regulate all cases not
specially brought before it.
A general statute is presumed to have only general cases in view, and not particular cases which
have been already otherwise provided for by the special act7