| Topics |
Headnote |
Judgement |
| INTERPRETATION OF STATUTE |
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| INTERPRETATION OF STATUTE |
Interpretation of Statute —Presumption in legislation — provision of — Relieving the prosecution of the rigour of the proof — Intention of Legislature — Held, by according a presumption against the person charged, cannot be overeased to gloss-over and condone prosecution’s failure to prove credibly, the basic facts enumerated in the Sections involved. (Para 34) |
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| INTERPRETATION OF STATUTE |
Interpretation of Statute — Harmonious construction— Meaning of term — "Every day's delay must be explained" — interpretation of — the term does not mean that a pedantic approach should be made — The doctrine must be applied in a rational common sense pragmatic manner. (Para 9) |
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| INTERPRETATION OF STATUTE |
Interpretation of Statute — Harmonious construction— Intention of Legislator — Limitation Act — Section 3 — Condonation of delay — Approach of the Court — Held, only because the Apex Court has not condoned the delay in some of the cited cases — it cannot be said that delay cannot be condoned in all cases after such judgments, even if there is sufficient cause to condone the delay — if there is sufficient reason to condone the delay, irrespective of the cited cases, delay can be condoned. (Para 11) |
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