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DOCTRINE OF PURPOSIVE CONSTRUCTION

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 10-4-2015 - One of the method of interpretation of statute is purposive construction of the enactment which gives effect to the legislative purpose/intendment, if necessary must be followed and appli .....

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an enactment is one which gives effect to the legislative purpose by- Following the lieral meaning of the enactment where that meaning is in accordance with the legislative purpose (in this code called a purposive and literal construction); or Appl .....

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e construction where to apply the literal meaning of the legislative language used would lead to results which would clearly defeat the purposes of the Act. But in doing so the task on which a court of justice is engaged remains one of construction, .....

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tions that must be fulfilled in order to justice this course were satisfied. It was possible to determine from a consideration of the provisions of the Act read as a whole preciously what the mischief was that it was the purpose of the Act to remedy .....

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were the additional words that would have been inserted by the draftsman and approved by the Parliament had their attention been drawn to the omission before the Bill passed into law. Unless the third condition is fulfilled any attempt by a court of .....

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rt in India in the following cases: KL. Gupte V. Municipal Corporation of Greater Bombay - 1967 (8) TMI 118 - SUPREME COURT; Reserve bank of India V. Peerless General Finance and Investment Co. Limited - 1987 (1) TMI 452 - SUPREME COURT; Punjab .....

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671 - SUPREME COURT OF INDIA; Pratap Singh V. State of Jharkhand - 2005 (2) TMI 816 - SUPREME COURT; Dilip S. Dahhanukar V. Kotak Mahindra Co. Limited - 2007 (4) TMI 667 - Supreme Court of India In New India Assurance Company Ltd. Versus Nusli Ne .....

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ept. I say appear because, although Hart and Sacha claim that the interpreter should imagine himself or herself in the legislator s shoes, they introduce two elements of objectivity: The interpreter should assume that the Legislature is composed of .....

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