Prior Or Previous - Definition - Law Dictionary Home Dictionary Definition prior-or-previous

Definition :

Prior or previous, may be implied if the contextual situation or the object and design of the legislation demands it, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645.

The word 'prior' or 'previous' may be implied if the contextual situation or the object and design of the legislation demands it but there are no such compelling circumstances justifying reading any such implication into s. 29(1). On the other hand, the indications are all to the contrary. On a perusal of the several, different sections of the very Act, that the Parliament has not been unmindful of the need to clearly express its intention by using the expression 'previous permission' whenever it was thought that 'previous permission' was necessary. In s. 27(1) and 30, it is to be seen that the expression 'permission' is qualified by the word 'previous' and in ss. 8(1), 8(2) and 31, the expression 'general or special permission' is qualified by the word 'previous', whereas in s.s 13(2), 19(1), 19(4), 20, 21(3), 24, 25, 28(1) and 29, the expressions 'permission' and 'general or special permission' remain unqualified. Life Insurance Corporation of India v Escorts Ltd. AIR 1986 SC 1370: (1986) 1 SCC 264: (1985) Supp 3 SCR 909.