Court : Supreme Court of India
Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557
..... , sans judicial oversight or natural justice, would be sanctioned. commonsense quarrels with such nonsense.95. for a fuller comprehension of the legal provisions and their construction we may have to quote the relevant sections and thereafter make a laboratory dissection thereof to get an understanding of the components which make up the legislative ..... , courts must, with intelligent imagination, inform themselves of the values of the constitution and., with functional flexibility, explore the meaning of meanings to adop that construction which humanely constitutionalizes the statute in question. plainly stated, we must endeavour to interpret the words in sections 30 and 56 of the prisons act and the ..... in the hon'ble chief justice of india (shri a.n. ray's) attempt; (iii) all accused persons in samastipur bomb blast case where the former railway minister, shri l.n. mishra, was killed; (iv) all accused persons in vidya jain murder case; and(v) all accused persons in famous bank van robbery .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1609; 1980Supp(1)SCC787; [1979]3SCR1279
..... that the appellants appear to have purchased the area in question from madan mohan singh for a huge sum of rs. 40,000/- and invested a considerable amount on the construction of a house, we think that it will be eminently just and fair if the appellants are allowed to retain rectangle no. 134 comprising kila nos. 8min, 9min, 10min, 11 .....
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 : Supreme Court of India
Reported in : AIR1979SC321; (1979)1SCC137; [1979]1SCR845
..... particularities of the present case. shri tarkunde turned the forensic fusillade on the total absence of guidance and regulation anywhere in the statute, expressly or implicitly, and on a true construction, according to him, a blanket power has been vested by section 90 on the corporation and, indubitably, on the government.15. the jurisprudence of delegation of legislative power, as earlier ..... or in part is beyond the permissible limits of delegation. it is for a court to hold on a fair, generous and liberal construction of an impugned statute whether the legislature exceeded such limits. but the said liberal construction should not be carried by the courts to the extent of always trying to discover a dormant or latent legislative policy to sustain .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1979Cal114,83CWN328
..... what defrauding signifies. the extent of the vagueness or indefiniteness and arbitrariness would be evident from the requisition made by the commission by which particulars of cost of construction of roads, culverts, drains, paths etc. were asked for without even indicating as to how the same are relevant under the said item.60. the retention ..... performing such functions within such time as may be specified in the notification. it seems clear -- and it has not been controverted -- that on a proper construction of this section, the functions the performance of which is contemplated must be such as are ancillary to and in aid of the inquiry itself and cannot be ..... by the petitioner from the joint director, inspection stating that it was necessary to examine how land covered by factory was utilised and the cost incurred for construction of different assets on land. the petitioner was required to furnish information as per pro forma enclosed in the said letter. it was urged before the commission .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC14; 1979CriLJ17; (1979)2SCC158; [1979]1SCR931
..... view to have the necessary comparison'. this application was strenuously opposed on behalf of the accused. after hearing arguments, the magistrate on may 20, 1972, allowed that application. since the construction of that order has a bearing on the problem before us, it will be appropriate to extract its material portion, in extenso, as under :-it was argued on behalf of .....
Tag this Judgment!Court : Karnataka
Reported in : [1980]121ITR551(KAR); [1980]121ITR551(Karn)
..... section with a proviso is succinctly stated in maxwell's interpretation of statutes, 10th edn., at p. 162 thus : 'the proper course is to apply the broad general rule of construction, which is that a section or enactment must be construed as a whole, each portion throwing light if need be on the rest. the true principle undoubtedly is, that the ..... 604 provisos are sometimes introduced to 'allay fears' or to remove misapprehensions. a proviso or an exception cannot be interpreted as to destroy the main provision. the proper rule of construction of a proviso is explained by the supreme court in tahsildar singh v. state of u.p., : 1959crilj1231 as follows : 'the cardinal rule of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC25; [1978(37)FLR314]; 1978LabIC1537; (1978)IILLJ527SC; (1978)4SCC224; [1979]1SCR1009
..... the directive principles enshrined in part-iv of the constitution. in order to overcome the various obvious lacunae in the section, we were asked, by a rule of construction, to read down the section and save its constitutionality. it was urged that successive applications can be made on the change of a situation. no amount of compensation ..... section 25n can be taken simultaneously when a notice under section 25-o(1) is given. firstly, the language of sub-section (7) does not warrant this construction. the action of giving notice and compensation in accordance with section 25n is to be taken when an undertaking is approved or permitted to be closed down and not ..... large scale in unfair labour practices, in victimisation and in wrongful dismissals, and escaping the consequences thereof by closing down the industry? we think that on a true construction of section 3, the power of the state to make a reference under the section must be determined with reference not to the date on which it is .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497
..... places ; (f) securing or removing dangerous buildings and places ; (g) acquiring, maintaining, changing and regulating places for the disposal of the dead ; (h) constructing, altering and maintaining streets, culverts, markets, slaughter-houses, latrines, privies, urinals, drains, drainage works and sewerage works ; (i) planting and maintaining trees on ..... g :' 'uses permitted : local state and central government offices and use for defense purposes; research institutions; social and central institutions; bus and railway passenger terminals and public utility buildings. local municipal facilities, uses incidental to government offices and for their use. parking requirements must be approved. 'use ..... the ring road, which is almost completed ...and is well along in the west and northwest with road overpasses over the rewari, cantonment ...railway lines.' 326 'augmentation of trunk severage system : to serve the areas south of najafgarh road and the cantonment area which has no severage .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR732
..... the position that the vesting in the state was absolute but the vesting in the sabha was limited to possession and management subject to divestiture by government. is such a construction of 'vesting' in two different senses in the same section, sound? yes. it is, because 'vesting' is a word of slippery import and has many meanings. the context controls the ..... value of the same amount as that fixed under sub-section (2) section 37 casts a duty on the municipality in consideration of said payment to maintain roads and thoroughfares constructed by the board. section 39 empowers the board to raise money for the general purposes of the act with the previous sanction of the central government unless the amount is .....
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