generalia specialibus non derogant

 The latin maxim ‘generalia specialibus non derogant’ governs the

Issue of Conflict between two statues. For statutory construction, it means that “for the purposes of interpretation of two statutes in apparent conflict, the provisions of a

general statute must yield to those of a special one.” This was explained by

the Supreme Court in Gobind Sugar Mills Ltd. v. State of Bihar, (1999) 7 SCC 76 as follows:

“… while determining the question whether a statute is a general or a special one, focus must be on the principal subject-matter coupled with a particular perspective with reference to the intendment of the Act. With this basic principle in mind, the provisions must be examined to find out whether it is possible to construe harmoniously the two provisions. If it is not possible then an effort will have to be made to ascertain whether the legislature had intended to accord a special treatment vis-à-vis the general entries and a further endeavour will have to be made to find out whether the specific provision excludes the applicability of the general ones. Once we come to the conclusion that intention of the legislation is to exclude the general provision then the rule "general provision should yield to special provision" is squarely attracted.”

SC - Right to appeal is neither an absolute right nor an ingredient of natural justice

 Vijay Prakash D. Mehta v. Collector of Customs (1988(4) SCC 402), wherein the  Apex Court observed: 

 "9. Right to appeal is neither an absolute right nor an ingredient of natural justice the principles of which must be followed in all judicial and quasi-judicial adjudications. The right to appeal is a statutory right and it can be circumscribed by the conditions in the grant."

in The Anant Mills Co. Ltd. v. The State of Gujarat (1975(2) SCC 175), it was held that

"...The right of appeal is the creature of a statute. Without a statutory provision creating such a right the person aggrieved is not entitled to file an appeal.

when there is a conflict between the provisions of the Act, Rules and Regulations framed thereunder, the Act will prevail.

 in the matter of National Stock Exchange Member vs. Union of India & Anr.125(2005) DLT 165.

The Delhi High court held that 

when there is a conflict between the provisions of the Act, Rules and Regulations framed thereunder, the Act will prevail. and if there is a conflict between the Act, Rules and Regulations on the one hand, and the circular on the other, the former will prevail and the latter becomes ultra vires

in the matter of M/s. Hiralal Ratanlal vs. STO, AIR 1973 SC 1034, the Apex Court observed:

"In construing a statutory provision the first and foremost rule of construction is the literaly construction. All that the Court has to see at the very outset is what does the provision say. If the provision is unambiguous and if from the provision the legislative intent is clear, the Court need not call into aid the other rules of construction of statutes. The other rules of construction are called into aid only when the legislative intent is not clear."

The Hon‟ble Apex Court in case Prakash Nath Khanna vs. C.I.T. (2004)9 SCC 686 has laid down that the language implies in a statute is the determinative factor of the legislative intent.