Harmonious Construction - Law Dictionary Search Results
Home Dictionary Name: harmonious constructionHarmonious construction
Harmonious construction, it is a recognised rule of interpretation of statutes that the expressions used therein should ordinarily be understood in a sense in which they best harmonise with the object of the statute, and which effectuate the object of the Legislature. If an expression is susceptible of a narrow or technical meaning, as well as a popular meaning the Court would be justified in assuming that the Legislature used the expression in the sense which would carry out its objects and reject that which renders the exercise of its powers invalid, New India Sugar Mills Ltd. v. Commissioner, Sales Tax, AIR 1963 SC 1207 (1213)....
The sum payable
The sum payable, the expression 'the sum payable' would obviously mean the difference between the amount refunded and the reduced amount which was liable to be refunded. The second reason is that even if it were to be held that in the case of enhancement the expression 'the sum payable' in sub-s. (4) means the whole of the enhanced amount by a rule of harmonious construction it has got to be held that in view of s. 3(1)(a) of the Validation Act even in the case of a rectification a notice of demand is to be served now only in respect of the amount by which the Government dues are enhanced, Union of India v. Jardine Henderson Ltd., AIR 1979 SC 972 (977): (1979) 2 SCC 258: (1979) 3 SCR 555....
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