Topic Details
Topics Headnote Judgement
INTERPRETATION PDF
INTERPRETATION Interpretation — Word “ordinarily” — would denote developments which are likely to occur, exist or ensue — in the regular or normal course of events as logically and rationally anticipated — even though not set out or expressed in categorical terms — This is a compendious expression to encompass all events reasonably expected to occur in the usual and common course of occurrences — & are expected to so happen unless prohibited, prevented or directed by some express and unexpected interventions to the contrary. (Para 60) PDF
INTERPRETATION Interpretation of the Statute — by Court — Power of the Court — Casus omissus (Case omitted) — Supplying of — Casus omissus cannot be supplied by the court — except in the case of clear necessity — & reason for is found in the four corners of the statute itself — but at the same time a casus omissus should not be readily inferred — & for that purpose, all the parts of a statute or section must be construed together — & every clause of a section should be construed with reference to the context — & other clauses thereof — so that the construction to be put on a particular provision makes a consistent enactment of the whole statute— Stock v. Frank Johns (Tipton) Limited —referred. (Para 63) PDF
INTERPRETATION Interpretation of the Statute — by Court — Power of the Court — Casus omissus (Case omitted) — Supplying of — cannot be supplied by the court in situations where omissions otherwise noticed in a statute — or in a provision thereof — had been a conscious legislative intendment —Sree Balaji Nagar Residential Association vs. State of Tamil Nadu and Others — referred. (Para 64) PDF