At the instance of, according to the plain English language, the ordinary meaning of the phrase 'at the instance of in the collocation of words 'No prosecution shall be instituted............. except at the instance of' must, in the context in which it appears mean 'at the behest of, or at the solicitation of.' The word 'instance' as a verb means 'to urge, entreat urgently, importune.' The meaning of the phrase 'at the instance of' as given in Random House Dictionary of the English Language at p. 690 is: 'at the urging or suggestion of 'Instance' does not imply the same degree of obligation to obey as does 'command'. That is also the legal sense in which the phrase 'at the instance of s. 50 of the Act has been understood. It is clear upon the terms of s. 50 that it nowhere requires that the authorization should be by a notification published in the Official Gazette, State of Karnataka v. Adimusthy, (1983) 3 SCC 268: AIR 1983 SC 822 (823). (Electricity Act, 1910, s. 50)
View Judgments Citing this Phrase