Repugnancy definition

Repugnancy in a general sense means ‘inconsistency’ or ‘incompatibility of ideas or statements.’ This term when used in the common law sense and as defined in the Black Law’s dictionary means “Inconsistency or contradiction between two or more parts of a legal instrument.” The concept of Repugnancy in the Indian context is enshrined under Article 254 of the Constitution of India. Article 254 of the Indian Constitution talks about Inconsistency between laws made by the Parliament and by the Legislature of the States. If a law made by the Legislature of a State is repugnant to any provision of a law made by the Parliament with respect to any of the matters given in the Concurrent List, then the law made by the Parliament, whether passed before or after the law made by the Legislature of such State, the existing law made by the Parliament shall prevail and the law made by the Legislature of such State, to the extent of repugnancy be void.13 In continuation to this, when a law is made by the Legislature of a State with respect to any of the matters listed in the Concurrent List and contains any provision that is repugnant to the provisions of an existing law or an earlier law made by the Parliament, then the law made by the Legislature of such State will prevail if it receives the consent of the President.14 However, it is to be noted that despite the grant of the Presidential assent, the Parliament will have the power to enact a law regarding the same subject-matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.15
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Repugnancy in this context means a direct conflict among clauses of a contract (see, e.g., In re Marriage of Williams (1972) 29 Cal.App.3d 368, 379), not general unfairness, as the Gilkyson heirs argued in the trial court.
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Related to Repugnancy

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.

  • Violent felony means the same as that term is defined in Section 76-3-203.5.

  • Occupational Safety and Health Law means any Legal Requirement designed to provide safe and healthful working conditions and to reduce occupational safety and health hazards, and any program, whether governmental or private (including those promulgated or sponsored by industry associations and insurance companies), designed to provide safe and healthful working conditions.

  • Reckless Conduct means conduct where the supplier of the recreational services is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and engages in the conduct despite the risk and without adequate justification;

  • Sexual conduct means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of gender; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.