Court : Allahabad
Reported in : AIR1967All19; [1967]66ITR74(All)
..... ; colonization; courts of wards; encumbered and attached estates: treasure trove'their lordships observed as follows :'item 21 is part of a constitution and would on ordinary principles receive the widest construction, unless for some reason it is cut down either by the terms of item 21 itself or by other parts of the constitution which has to be read as a ..... exhaustive of the entries in the list--leads to the inference that taxation is not intended to be comprised in the main subject in which it might on an extended construction be regarded as included, but is treated as a distinct matter for purposes of legislative competence'in our judgment this passage cannot be read so as to restrict the amplitude .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All31
..... an arbitrator in place of the arbitrator unable or unwilling to act. this he can do even now after the present application is dismissed on the acceptance of the construction of section 20(4) of the act contended for by mr. niten de. this leads me to think that section 20(4) should be liberally interpreted as to ..... notice upon the general manager of the north eastern railway calling upon him to appoint or nominate the sole arbitrator within fifteen days and when the general manager did not so appoint or nominate an arbitrator, the petitioner moved ..... arising under or in connection with the contract it was to be referred to the arbitration of a sole arbitrator nominated by the general manager of the north eastern railway and the decision of the arbitrator was to be final and binding on the parties. when certain disputes arose between the parties. messrs gopal dass & co. served .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All51; 1970CriLJ132
..... in interpreting the statutory provisions would be justified within well recognised limits; and that primarily the effect of statutory provisions must be judged on a fair and reasonable construction of the words used by the statute itself.' the majority did not, however, expressly dissent from a somewhat different proposition stated by subba rao, j., when ..... act is based when there is a doubt about the meaning of any particular provision. it certainly did not bar the adoption of correct canons of construction in interpreting the provisions of the act.119. the extent to which english authorities could be used in interpreting provisions of those enactments which are largely ..... presumed that the legislature was fully aware of section 6, i. p. c. therefore, section 105 of the act seemed necessary in order to meet a possible construction which was not intend-ed. in other words. section 105 serves) the purpose sometimes served by a proviso (see: maxwell's 'interpretation of statutes' 11th edn., .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All130
..... no pre-supposition or consideration of result can prevail over the plain meaning of the language employed in the provisions; and if the words are capable of alternative constructions, a construction which will remove or reduce chances of hardship, inconvenience or anomaly and may avoid multiplicity of litigation has to be accepted in preference to the alternative which may ..... fairly capable of a meaning which will prevent unjust consequences and avoid anomalies, that meaning has to be preferred to one which may lead to opposite results. the construction which permits the deciding of the objection of a in the presence of b, not only does no violence to the language used in the act but appears to ..... in section 10 (2) land section 11 (2). i have already stated that in my view the language of section 10 (2) does not admit of the construction that even a person upon whom a notice has not been served thereunder and who has not been called upon to show cause why the statement prepared by the .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All79
..... words, can in themselves furnish an unerring guide to the interpretation of a statutory provision like the one now under consideration. if such were not the rule of construction, almost every other section of the penal code, many sections in the evidence act, and in other statutes wherein the word 'may' occurs without being followed ..... being essential conditions for the exercise of the discretionary power to mere suggestions which the court may exceed or disregard. i am unable to place any such construction upon the words of the section, for, as i shall presently show, such an interpretation would be inconsistent with the very objects of the enactment.14. ..... would be imperative, and noncompliance would be fatal to the appeal.' (maxwell on the interpretation of statutes, 2nd ed., 456). the rule of interpretation which governs the construction of words conveying a directory meaning was comprehensively stated by lord selborne in julius v. lord bishop of oxford l.r. 5 app. cas. 214 see p. 235 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All1b
..... permissible limits, rules made by an authority in exercise of powers conferred thereunder would likewise be efficacious within the said limits and they must be treated for all purposes of construction or obligation exactly as if they were in the act and of the same effect as if they were contained in the act. the act empowers the executive council to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All99
..... a reference was made to the expression'reason to believe' or 'in the opinion of. relying upon this case he submitted that these expressions do not always lead to the construction that the process of entertaining 'reason to believe' or 'the process' do not even permit limited scrutiny of the court that a conclusion of the government concerned was not based ..... by the supreme court in india aluminium co. v. k. s. e. board, air 1975 sc 1967. it is true that the marginal note cannot afford any legitimate aid to construction of a section, but it can certainly be relied upon as indicating the drift of the section'. to use the words of collins m. r. in bushwell v. hammond, (1904 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All83
..... (1) or sub-section (2)' would become redundant. it is well accepted that in construing the provisions of a statute, courts should be slow to adopt a construction which tends to make any part of the statute a surplusage. we must, therefore, reject such interpretation. thus, when the object of the legislature in using these words ..... shall be proceeded with and disposed of as if the amending act had not been passed. when a provision is intended to remedy some existing mischief, such construction must be preferred as would render the remedy effectual, for we must always construe an act so as to suppress the mischief and advance the remedy intended ..... ambit of the word 'notwithstanding,' or, in other words, of the non obstante clause must remain confined to the provisions specified thereafter and should not be enlarged. the construction of sub-section (3) of section 64 follows the normal pattern of a non obstante clause. the word 'notwithstanding* is followed by the words 'anything contained in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All490
..... exercise of powers conferred on them by various sections of the u. p. excise act. such an interpretation would be in conformity with the rule of interpretation about 'harmonious construction,' making an endeavour 'to solve the conflict' and attempting a 'reconciliation' as laid down by the supreme court in haratoh chand's case : [1970]1scr479 (supra).10 ..... two entries together and by interpreting and where necessary by modifying the language of the one by that of the other. it is a well recognised canon of construction that a general power should not be so interpreted as to nullify a particular power conferred by the same instrument.8. having given our anxious consideration to the ..... or may appear to be in direct conflict with each other. it is then the duty of the court to reconcile the entries and bring about a harmonious construction. an endeavour must be made to solve the conflict by having recourse to the text and scheme of the act and a reconciliation attempted between two apparently .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All135
..... in the services. the only point which was raised in that case was whether the reservation made was outside article 16(4) and that posed the bare question about the construction of article 16(4). the propriety, the reasonableness or the wisdom of the impugned order was not questioned because it was not the respondents' case that if the order was .....
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