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Showing posts with label intention of legislature. Show all posts
Showing posts with label intention of legislature. Show all posts

Friday, 25 June 2021

when there is a conflict between the provisions of the Act, Rules and Regulations framed thereunder, the Act will prevail.

 in the matter of National Stock Exchange Member vs. Union of India & Anr.125(2005) DLT 165.

The Delhi High court held that 

when there is a conflict between the provisions of the Act, Rules and Regulations framed thereunder, the Act will prevail. and if there is a conflict between the Act, Rules and Regulations on the one hand, and the circular on the other, the former will prevail and the latter becomes ultra vires


in the matter of M/s. Hiralal Ratanlal vs. STO, AIR 1973 SC 1034, the Apex Court observed:

"In construing a statutory provision the first and foremost rule of construction is the literaly construction. All that the Court has to see at the very outset is what does the provision say. If the provision is unambiguous and if from the provision the legislative intent is clear, the Court need not call into aid the other rules of construction of statutes. The other rules of construction are called into aid only when the legislative intent is not clear."

The Hon‟ble Apex Court in case Prakash Nath Khanna vs. C.I.T. (2004)9 SCC 686 has laid down that the language implies in a statute is the determinative factor of the legislative intent.


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.