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.
Under BNS, which of the following qualifies as “organised crime”?
What is the penalty for a person who fails to enter into an agreement with a client as required under the Act or bye-laws of a recognized stock exchange?
In which of the following cases Supreme Court held that "Test identification parade is only an aid to investigation. The practice is not born out of pru...
The Adjudicating Authority under the Prevention of Money-Laundering Act, 2002 shall consist of a ______________________
As per the provisions of section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the recording of search and seizure through audio video electronic...
How long did it take to complete the Constitution of India?
A for natural love and affection promises to give his son B Rs 100000/- A puts his promise to 'B' in to writing and register it. This is a:
With reference to Section 213 of the Code of Criminal Procedure, 1973- read the following illustration and select the correct option.
'A' is a...
On an application made to ______________by the company, a company limited by shares or limited by guarantee and having a share capital may, by a special...
Which section of the Companies Act delas with the provisions relating to the prohibition on issue of shares at discount?