Question
“The interpretation which is not in conflict with the
intent of statute should be opted for”. This is the principle ofSolution
This rule of construction is adopted in case of conflict between two or more statutes or between two or more parts of the provision of the same statute. According to this rule, every statute has a purpose or intent as per law and therefore, be treated as a whole. Only that interpretation is adopted which is consistent with all the provisions of the statute. However, when it is impossible to harmonize both the provisions, the court’s decision regarding the provision shall prevail. The interpretation which results in hardship, injustice, inconvenience or anomaly is avoided and the one which supports the sense of justice is adopted. The interpretation which conforms to justice and fair play preventing injustice should be favoured by the Court. In case there are two provisions in a statute, which are apparently in conflict with each other, then they should be interpreted such that effect can be given to both and that the construction which renders either of them inoperative and useless should not be adopted except in the last resort.
Which of the following are the requisites of a valid adoption?
Service of Summons to a defendant has to be made within _____ days of institution of a suit?
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