Court : Karnataka Dharwad
..... the interpretation clause as regard the expression 'abet' does not refer to the definition of abetment as contained in section 107 of ipc. ..... according to section 25 of the kcoc act, whoever being a public servant renders any help or support in any manner in the commission of organized crime as defined in clause (e) of section 2, whether before or after the commission of any offence by a member of an organized crime syndicate or abstains from taking lawful measures under the act or intentionally avoids to carry out the directions of any court or of the superior ..... a statute, it is trite, should not be interpreted in such a manner as would lead to absurdity. .....
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..... this court does not have any quarrel with the propositions that where the context makes the definition given in the interpretation clause 10 mfa no.103557/2016 inapplicable, a defined word when used in the body of the statute may have to be given a meaning different from that contained in the interpretation clause; all definitions given in an interpretation clause are therefore normally enacted subject to the qualification unless there is anything repugnant in the subject or context , or unless the context otherwise .....
Tag this Judgment!Court : Karnataka Dharwad
..... he also further argued that the will marked as ex.d.4 and the disputed rent receipts as per ex.d.10 to 13 cannot be used for interpreting ex.p.30 in view of specific bar u/s 91 of the indian evidence act and as has been held by the supreme court in the cases of bai heera devi & others ..... the language is ambiguous, not clear and admits of some doubt, the court is required to opt for an interpretation rejecting the plea of a perpetual lease in the absence of the language being clear and unambiguous, the effect of such interpretation would be to deprive a owner of his right to enjoy the property for ever. ..... while interpreting the clauses of the lease dated may 5th 1906, the hon ble supreme court held as below: ..... (air1962sc413 in support of his argument that in the context of the terms and conditions of the lease deed as per ex.p.30, the interpretation that can be given is that the lease was perpetual. ..... if ex.p.30 is seen, the following are the clauses that require interpretation. ..... 6.2 sri arun neelopant contended in particular that dw2 has admitted in the cross examination that ex.p.30 does not contain any clause as to lease being permanent and at the time when the company was to deliver back the - 17 - nc: ..... 9490-db rfa no.100301 of 2019 c/w rfa no.100248 of 2020 indenture evidencing sale of leasehold rights executed by the official liquidator pursuant to an order passed by the company court; ex.d.6 is not a document of contract of lease to be interpreted to ascertain the nature of lease. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the ministry would submit that the interpretation to clause 5.3.6 of the concession agreement is erroneous. ..... he would contend that the access control as provided under clause 5.3.6 of the concession agreement is only with regard to regulation of entry of the vehicles at the designated points and it is nothing more and nothing less and hence, the interpretation otherwise is unsustainable and neither under the act of 2002 nor under the concession agreement, such a right is ostensibly conferred on the ..... to whom such length of highways is so assigned shall exercise the powers and discharge the functions of the highway administration under the act and these rules in respect of such length of highway in the manner as specified in clause (i) for exercising of powers and discharging of 59 functions of highway administrations consisting of one officer: provided that the senior officer so designated shall have the general provision over the exercising of powers and discharging of functions of ..... pollution or water pollution or noise pollution on the highway: provided that such extent of reasonable pollution which the central government may, from time to time by notification in the official gazette, specify, shall be permissible under this clause; (iv) that such person shall not make or cause to be made any structure of such nature which cannot be removed easily on the expiry of the permission granted; (v) that any breach of the conditions so imposed shall be a ground .....
Tag this Judgment!Court : Karnataka Dharwad
..... : (1) on a true interpretation of the relevant clause which interpretation is at peace with the conscience of section 96, the condition excluding driving by a person not duly licensed is not absolute and the promisor is absolved once it is shown that he has done everything in his power to keep, honour and ..... according to us, section 96(2)(b)(ii) should not be interpreted in 21 a technical manner. ..... while interpreting the contract of insurance, the tribunals and courts have to be conscious of the fact that right to claim compensation by heirs and legal representatives of the victims of the accident is not defeated on technical grounds. ..... while interpreting the word breach , in the context of section 96[2].[b]. ..... in that context, it is held thus:"the defence built on the exclusion clause cannot succeed for three reasons, viz. ..... if the person who has got the vehicle insured has allowed the vehicle to be driven by a person who is not duly licensed then only that clause shall be attracted. ..... 20 (3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to keep the .....
Tag this Judgment!Court : Karnataka Dharwad
..... while interpreting that clause, one need not be constricted by the use of words on failure to elect members of the grama panchayat in the heading of the section or the words immediately after the establishment of such grama panchayat in the preamble to sub-section(1), as the words any other sufficient reasons whatsoever are words of wide import and therefore, have to be given an expansive interpretation rather than a ..... of the words any , other , and whatsoever are words which, when used independently of each other are of significance and when used collectively in a single clause implies that the legislature intended that any other reason or circumstance is de hors clauses(i) and (ii) and any reason, if was a sufficient reason could be the basis for appointment of an administrator.8. ..... but a circumstance as in the instant case could be considered under that clause as it can be construed to be a sufficient reason for appointment of an administrator or an administrative committee as in ..... that clause is a clause which is in the nature of an omnibus clause which has not specifically enunciated the circumstances which would require appointment of an 11 administrator ..... section 8(1)(a)(iii) is a 5 general clause which states that for any other reason whatsoever , an ..... therefore, that clause has been invoked by the second respondent-deputy commissioner to appoint the administrator for the respondent-gram panchayat, as out of total nine members, six members have resigned and that there is no .....
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..... up sugar mills association and others reported in air 2004 sc 3697 (supra) and the observation made in slp (c) 8194 - 8198/2010 dated 29/3/2010 (annexure-r13), i am of the considered view that the said issue regarding interpretation of clause 3, 3a and 6 of the sugar control order, 1966 vis-a-vis. ..... of the sugarcane to the seller or tender to him the price of the cane sold at the rate agreed to between the producer and the sugarcane grower or the sugarcane growers co-operative society or that fixed under sub-clause(1), as the case may be, either at the gate of the factory or at the cane collection centre or transfer or deposit the necessary amount in the bank account of the seller or the cooperative society, as the case may ..... it is under these circumstances, as it is clear from the reference order, the learned single judge felt, it is time that some of the relevant provisions are interpreted by this court, so that it would act as a guidance to the farmers and to the sugar factory as well as to the government so that regular litigation of this nature getting repeated every year could be avoided ..... versus state of maharashtra and othersreported in air 1998 supreme court 1937,where the apex court was interpreting regulation 5 of the supply of sugarcane wherein it has been laid down under what circumstances a permit or officer may allow a sugar factory to purchase cane after supply of cane or cane growers from the areas other than the area reserved for under clause 3 came to be analysed. .....
Tag this Judgment!Court : Karnataka Dharwad
..... it is also contended that the trial court has misread and improperly interpreted the provisions of section 124 of the act by referring only to sub-clause (b) (i) of section 124. ..... it is also well settled in law that when an application is filed and the issue is with regard to the trademark dispute is pending, section 124 of the act ought to have been read in entirety and the same has to be interpreted ordinarily in plain language by keeping in mind the intention of the legislature. ..... (2) if the party concerned proves to the court that he has made any such application as is referred to in clause (b) (ii) of sub-section (1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of - 18 - nc: ..... khc-d:13121 wp no.77807 of 2013 (b) the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant s trade mark, the court trying the suit (hereinafter referred to as the court), shall,- (i) if any proceedings for rectification of the register ..... the trial court thereby has failed to notice that clause (a) of sub-section 124 has been complied by the petitioners herein for the grant of the relief mentioned ..... the learned trial court by taking only sub-clause (b) of sub-section (1) of section 124 into consideration, has failed to notice the fact that petitioner herein has pleaded in his written statement regarding the invalidity of the respondent's .....
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..... point no.1 has held as under: in the light of the foregoing analysis and in adherence to the principles of statutory interpretations, particularly, the principle of 47 reading down , the definition clause under section 2a(8-a) of the kteg act, shall be construed as follows: the term prevailing market price of the goods in the local area as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of the goods at the time of their entry into local area, consistent with charging ..... in light of the foregoing analysis and in adherence to the principles of statutory interpretation, particularly the principle of 'reading down,' the 35 definition clause under section 2a(8-a) of the kteg act shall be construed as follows: the term 'value of such goods' as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of goods at the time of their entry into the local area, consistent with the charging provision under section 3(1) of the kteg act. ..... in situations where there is a conflict between the charging provision and the definition clause, the court's duty is to interpret these provisions in a manner that upholds the legislative intent behind the charging provision. ..... applying the principle of 'reading down,' the definition clause's wording in section 2a(8-a), such as 32 'prevailing market price,' should be interpreted in a manner that aligns with the charging provision under section 3(1). .....
Tag this Judgment!Court : Karnataka Dharwad
..... point no.1 has held as under: in the light of the foregoing analysis and in adherence to the principles of statutory interpretations, particularly, the principle of 47 reading down , the definition clause under section 2a(8-a) of the kteg act, shall be construed as follows: the term prevailing market price of the goods in the local area as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of the goods at the time of their entry into local area, consistent with charging ..... in light of the foregoing analysis and in adherence to the principles of statutory interpretation, particularly the principle of 'reading down,' the 35 definition clause under section 2a(8-a) of the kteg act shall be construed as follows: the term 'value of such goods' as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of goods at the time of their entry into the local area, consistent with the charging provision under section 3(1) of the kteg act. ..... in situations where there is a conflict between the charging provision and the definition clause, the court's duty is to interpret these provisions in a manner that upholds the legislative intent behind the charging provision. ..... applying the principle of 'reading down,' the definition clause's wording in section 2a(8-a), such as 32 'prevailing market price,' should be interpreted in a manner that aligns with the charging provision under section 3(1). .....
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