Court : Karnataka
..... , a principle to be valid must be capable of wider application than the mischief which gave it birth. this is particularly true of the constitutional constructions. constitutions are not ephemeral enactments designed to meet passing occasions. quoting chief justice marshall of the american supreme court that the constitution is "designed to ..... and conflict between its various provisions, or undermines, or tends to defeat or destroy the basic scheme and purpose of the enactment. these canons of construction apply to the interpretation of our constitution with greater force, because the constitution is a living, integrated organism having a soul and consciousness of its own ..... constitution than the judges in the ordinary courts of law who interpret the ordinary statutes. 49. according to salmond, a celebrated jurist, interpretation or construction of a statute is the process by which courts seek to ascertain the meaning of the legislation through the memorandum of the authorities in which it .....
Tag this Judgment!Court : Karnataka
..... made clear that 44 w.p.no.44696/2014 restrictive construction should not be made so as to negate from the object of the provision.50. as could be seen from the facts of madan singh shekhawat s case, the ..... court rendered in the case of madan singh shekhawat vs. union of india and others reported in (1999) 6 scc459 dealing with the basic rules of interpretation and the beneficial construction. it is held that it is the duty of the court to interpret a provision especially a beneficial provision, liberally in order to give it a wider meaning. it is ..... extracted below: in the absence of it, when a defect appears a judge cannot simply fold his hands and blame the draftsman. he must set to work on the constructive task of finding the intention of parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which .....
Tag this Judgment!Court : Karnataka
..... under this act subject to the modifications that, in sub-section (2), - (a) the references to fifteen days and sixty days wherever they occur, shall be constructed as references to thirty days and ninety days respectively; (b) after the proviso, the following proviso shall be inserted namely:- provided further that if it is not ..... .-. 25 - wp no.2997 of 2021 17.10. with respect to the crpc particularly, the statement of objects and reasons (supra) is an important aid of construction. section 167(2) has to be interpreted keeping in mind the threefold objectives expressed by the legislature, namely, ensuring a fair trial, expeditious investigation and trial, and ..... state to carry on the investigation and submit a charge-sheet. 17.9. additionally, it is well-settled that in case of any ambiguity in the construction of a penal statute, the courts must favour the interpretation which leans towards protecting the rights of the accused, given the ubiquitous power disparity between the individual .....
Tag this Judgment!Court : Karnataka
..... .18 of the rules framed by the corporation prescribing the age of superannuation of the employees continued to remain operative despite the adoption of the kcsr. this follows a harmonious construction of the two sets of rules. reliance is placed on the afore extracted judgment to contend the applicability of several rules of the government to the employees of the corporation ..... are working in the cadre of executive engineer and petitioner no.3 in the cadre of assistant executive engineer in the corporation. on a complaint made against the petitioners concerning construction of a building, a report under section 12(3) of the karnataka lokayukta act, 1984 (hereinafter referred to as the said act for short) was furnished to the hands of .....
Tag this Judgment!Court : Karnataka
..... taken in the earlier suit, it became a bar in regard to the said issue being taken in the second suit in view of the principle of constructive resjudicata. constructive resjudicata deals with grounds of attach and defence which ought to have been raised, but not raised, whereas order 2, rule 2 of the code relates ..... that plaintiff-appellant ought to have raised in the first suit but had failed to raise, which she raised in the second suit, to attract the principle of constructive resjudicata. iv. a suit cannot be dismissed without trial merely because the court feels dissatisfied with the conduct of the plaintiff. 16.) code of civil procedure ..... ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. the principle of constructive resjudicata emerges from explanation iv when read with explanation iii both of which explain the concept of "matter directly and substantially in issue". 15.) explanation iii clarifies .....
Tag this Judgment!Court : Karnataka
..... valerius industries v. union of india [valerius industries v. union of india, 2019 scc online guj 6866 : (2019) 30 gstl15 , the gujarat high court laid down the principles for the construction of section 83 of the sgst/cgst act. the high court noted that a provisional attachment on the basis of a subjective satisfaction, absent any 60 cogent or credible material .....
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