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Thursday, 24 June 2021

Primary rule of construction is that the intention of the legislature must be found in the words used by legislature itself.

 In the Matter of Mukund Dewangan Vs. Oriental Insurance Company Limited complaint no.CIVIL APPEAL NO.5826 OF 2011  decided on 3 July, 2017 before SUPREME COURT OF INDIA


Hon‟ble Apex Court has also laid down that 

  • the first and primary rule of construction is that the intention of the legislature must be found in the words used by legislature itself. 
  • Each word, phrase or sentence is to be construed in the light of the general purpose of the Act itself. 
  • The interpretation of the provisions of law depends upon the text and context.
  •  The text is the texture and the context is what gives colour and neither of them can be ignored. 
  • That interpretation is best which makes the textual matching contextual.