Interpretation of statutes -- General words - Natural meaning - Held, cardinal rule of interpretation is to allow general words to take their natural wide meaning unless language of the statute gives a different indication of such meaning and is likely to lead to absurd result in which case their meaning can be restricted by application of this rule and they may be..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 12, 15 -- Statute - Interpretation - Jurisdiction to interpret a statute can be invoked only when language is ambiguous - Languages of Ss.12 & 15 being clear and unambiguous there is no need to interpret the same differently...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 12, 15 -- Statute - Interpretation - Jurisdiction to interpret a statute can be invoked only when language is ambiguous - Languages of Ss.12 & 15 being clear and unambiguous there is no need to interpret the same differently...........
Statute -- Interpretation - Special law and General law - Ordinarily special law override the general law - However, in special circumstances, if the language of the general provision is clear and unqualifying, it would prevail over the special provision and the special provision would have to give way, if the legislature intended to establish a rule of universal..........
Statute -- Nature of - Retrospective or prospective - Unless there are words in the statute sufficient to show the intention of the legislature or by necessary implication made to have retrospective operation, it is deemed to be prospective only - Retrospective legislation is never presumed - When language of a particular provision is plain and unambiguous, then the same..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Constitutionality - Provision of S.13-B is mandatory - If a statue causes hardship same cannot be declared ultra vires - Object of the statute has to be seen - Court while interpreting the statutory provisions would not add or subtract the words from the section nor would it give meaning to the language..........
Statute -- Directory or mandatory - Use of word `may' & `shall' - Mere use of word `may' or `shall' is not conclusive - The question whether a particular provision of a statute is directory or mandatory has to be decided by ascertaining the intention of the Legislature and not by looking at the language in which the provision is clothed - For finding out the legislative..........
Interpretation of statute -- Incumbent upon the Court to avoid a construction, if reasonably permissible on the language, which will render a part of the statute devoid of any meaning or application - The Courts always presume that the Legislature inserted every part thereof for a purpose and the legislative intent is that every part of the statute should have effect - The..........
Interpretation of Statutes -- If plain language of Statute is clear, there is no reason to add words into it or giving interpretation which is not born from its plain language and meaning...........
Interpretation of statute -- If the language used in a statute is capable of bearing more than one construction, the true meaning thereof should be selected having regard to the consequences resulting from adopting the alternative constructions - A construction resulting in hardship, non fulfillment of the purpose for which the statute has been brought in force should be..........
