New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

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 applied. The is well accepted. It has been applied in India by the Supreme Court following the English law on the subject. Lord Smith in R.(Haw) V. Secretary of State for the Home Department - (2006) 3 All ER 428 observed that a purposive construction of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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, even where this involves reading into the Act words which are not expressly included in it. The case law kammins Ballromm Co. Limited V. Zenith Investments (Torquay) Limited - (1971) AC 850) provides instance of this; but in that case the three condi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 justice to repair the omission in the Act cannot be justified as an exercise of its jurisdiction to determine what is the meaning of a written law which Parliament has passed. The above said principle has been followed and applied by the Supreme Cou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version