What is the meaning of notwithstanding anything contained herein above?
When a clause begins with the word “Notwithstanding” the object is to give it overriding effect over other provisions of the sections/act ……. which is equivalent to saying in spite of those provisions the particular clause would have a full operation.
What does it mean notwithstanding anything contained herein to the contrary?
What does the sentence “Notwithstanding anything to the contrary contained in this act” mean? This means, in spite of anything else in the law that may convey a conflicting message or meaning. The sentence is used as a means of allowing the courts to interpret the intention of the legislator when interpreting the law.
What is the meaning of notwithstanding in legal documents?
In legal writing, notwithstanding commonly means despite, in spite of, or although. Notwithstanding is just one of the multisyllabic connectors that typify the leaden style so common in legal writing—words such as consequently, inasmuch as, and nevertheless.
What is the meaning of Notwithstanding anything?
Notwithstanding often appears in certain expressions. “Notwithstanding the foregoing” means “in spite of the things previously mentioned or written.” “Notwithstanding anything to the contrary” is legal language that declares that a clause supersedes anything forthcoming that might contradict it.
What does contained herein mean?
adverb [ADV after v, n ADV] Herein means in this document, text, or book. [formal, written] The statements and views expressed herein are those of the author and are not necessarily those of the publisher. adverb [ADV cl]
What is non obstante?
Definition of ‘non obstante’ notwithstanding; despite (a law, ruling, etc.)
What is the purpose of non obstante clause?
‘Non-obstante’ is a Latin word which means ‘notwithstanding anything contained’. That means this clause empowers the legislation or a provision in which it contains, to override the effects of any other legal provisions contrary to this under the same law or any other laws.
What is a prevailing clause?
A prevailing party clause (also known as an attorneys’ fee clause) is found in some but not all contracts. The effect of this clause is that, in the event of a lawsuit over the contract, whoever wins (i.e., the “prevailing party”) is entitled to reimbursement of their legal fees from the losing party.
What does provided mean in law?
Provided that in law is commonly used to refer to a condition, establish an exception or qualify something. Statutes, regulations and contracts have legal provisions making use of the ‘provided that’ phrase.
What Does Nothing herein mean?
1 indefinite no thing; not anything, as of an implied or specified class of things. I can give you nothing. 2 no part or share. to have nothing to do with this crime. 3 a matter of no importance or significance.
Is Herewithin a word?
(archaic) Within this.
What is sententia legis?
The maxim Sententia legis or mens means that the essence of the law lies in the spirit, and not in its letter, the letters are just the way to express the intentions of the law makers. The words are the external manifestation of intention that it involves.