What is a proviso clause?
Asked by: Donald Champlin | Last update: August 26, 2022Score: 4.2/5 (70 votes)
A clause in a legal instrument, such as a contract, deed, or statute, requiring that something must occur or not occur before another part of the agreement, or the entire legal instrument itself, can become valid.
What is proviso with example?
Proviso definition
The definition of a proviso is a condition attached to an agreement. An example of a proviso is if you will sign on a contract to sell your company only on the condition that you get to be on the board. noun. 1. A clause, as in a document or statute, making some condition or stipulation.
Is proviso a legal term?
Proviso refers to a condition, stipulation, or limitation inserted in a document upon whose compliance the document's validity or application may depend. In short, it is a clause in a statute, contract, or the like, by which a condition is introduced.
Does proviso mean exception?
A proviso represents a clause added to the statute to except something from the enacting clause or to limit its applicability. An exception excludes from the operation of the enactment a particular subject matter. A saving clause exempts something special from the general things, covered by the enactment.
What does provision mean in law?
a clause in a legal instrument, a law, etc., providing for a particular matter; stipulation; proviso. the providing or supplying of something, especially of food or other necessities. arrangement or preparation beforehand, as for the doing of something, the meeting of needs, the supplying of means, etc.
Difference Between Subsection & Clause || Proviso & Explanation
What is the difference between provision and clause?
A provision is any condition or requirement in a legal document. Verbal contracts will have provisions but they will not have any clauses. It is a feature of the contract which corresponds with a clause and may extend to several clauses or be contained in a sub-clause.
What is an example of a provision in law?
An example of provision is when legal aid provides legal advice. A particular requirement in a law, rule, agreement, or document. The constitutional provision concerned with due process.
Is proviso same as provision?
A condition, stipulation, or limitation inserted in a document. A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided.
What is the proper function of a proviso?
The proper function of a proviso is to except and to deal with a case which would otherwise fall within the general language of the main enactment and its effect is confined to that case. It is a qualification of the preceding enactment which is expressed in terms too general to be quite accurate.
What is the importance of a proviso clause attached to a section of a statute?
A proviso is of great importance when the Court has to consider what cases come within the enacting part of the section, and it is always to be construed with reference to the proceeding parts of the clause to which it is appended. (DB) PLD 1950 Lah. 12.
How do you use proviso in a sentence?
- National control of the railways was secured by a proviso that the directors must be of Italian nationality. ...
- This last proviso, however, as we shall see, takes away almost all practical importance from the proposition. ...
- The only proviso is that you pay enough tax to cover the payments you make.
What does exception mean in law?
In contracts, statutes, and deeds,an exception is a statement that something is not included, as in "Landlord rents to Tenant the first floor, with the exception of the storage room.” To "take exception" to a judge's ruling, is a way a lawyer might tell a judge that they disagree.
What is saving clause in law?
saving clause n
: a clause in a statute exempting something from the statute's operation or providing that the rest of it will stand if part is held invalid. ;also. : a contractual clause providing that if part of the contract is invalidated the rest shall remain in effect called also savings clause.
What does clause mean in a sentence?
Definition of clause
1 : a group of words containing a subject and predicate and functioning as a member of a complex (see complex entry 2 sense 1b(2)) or compound (see compound entry 3 sense 3b) sentence The sentence "When it rained they went inside" consists of two clauses: "when it rained" and "they went inside."
What is the purpose of non obstante clause?
A non-obstante clause is added to a provision in order to uphold its enforceability over another provision that is contradictory to it. This clause is used to clarify the intention of the legislature in cases where two provisions appear contradictory.
What does quid pro quo mean in legal terms?
Latin for "something for something." An exchange of acts or things of approximately equal value.
How do you read Section proviso?
The proviso qualifies the generality of the main section or clause by inserting an exception and take out as it was, from the main clause, a part of it which, but for the proviso would fall within the main clause. It is a foreign text to the main text of the clause or section.
Who said when one finds a proviso to a section?
“When one finds a proviso to a section,” said Lush J. in Mullins v. Treasurer of Surrey (1880) 5 Q.B.D. 170, 173, “the natural presumption is that, but for the proviso, the enacting part of the section would have included the subject- matter of the proviso.”
Which cases relate to interpretation of proviso?
In Commissioner of Income-tax, Bhopal v. M/s. Shelly Products, the Supreme Court: While interpreting the proviso to Section 240 of the Income-tax Act, 1961 clarified that where a proviso consists of two parts, one part may be declaratory but the other part may not be so.
What is stipulation in law?
1) An agreement between the parties to a lawsuit. For example, if the parties enter into a stipulation of facts, neither party will have to prove those facts: The stipulation will be presented to the jury, who will be told to accept them as undisputed evidence in the case.
What is the difference between stipulation and condition?
Whether a stipulation is a condition or a warranty is a very important aspect to have the knowledge about. A stipulation in a contract of sale is either a condition or is a warranty depending in either case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract.
What is the meaning of pari materia?
: on the same subject or matter : in a similar case.
What is a provision in an agreement?
A contract provision is a stipulation within a contract, legal document, or a law. A contract provision often requires action by a specific date or within a specified period of time. Contract provisions are intended to protect the interests of one or both parties in a contract.
How are provisions accounted for?
Typically, provisions are recorded as bad debt, sales allowances, or inventory obsolescence. They appear on the company's balance sheet under the current liabilities section of the liabilities account.
What does it mean to make provision?
to provide what is necessary for.