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Where there is a special act dealing with specific subject, resort should be had to that act instead

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

Generalia specialibus non derogant

Statute has not defined then can be imported from other

Ejusdem generis

Knott v. blackbourn 1944 K.B. 77

Allen v. emerson 1944 K.B. 362

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.

Special law prevails over general


In passing the special act, the legislature had their attention directed to the special case which the
Act was meant to meet, and considered and provided for all the circumstances of that special
case; and, having done so they are not to be considered by a general enactment passed and
making no mention of any such intention, to have intended to derogate from that which, by their
own special Act, they had thus carefully supervised and regulated.2

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

7 Shia Singh v. Sundar Singh A.I.R. 1921 Lah 280.

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