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Showing contexts for: harmonious construction in Dharamsheela Kumari vs Hemant Kumar on 28 June, 2021Matching Fragments
(ii) No part of a statute and no word of a statute can be construed in isolation. Statutes have to be construed so that every word has a place and everything is in its place.
(iii)Statutes should be construed, not as theorems of Euclid, but with some imagination of the purposes which lie behind them
(iv) It is a cardinal principle of construction of a statute that effort should be made in construing its provisions by avoiding a conflict and adopting a harmonious construction. The well-known principle of harmonious construction is that effect should be given to all the provisions and a construction that reduces one of the provisions to a 'dead letter' is not harmonious construction.
(2) The provisions of one section of a statute cannot be used to defeat the other provisions unless the court, in spite of its efforts, finds it impossible to effect reconciliation between them.
(3) It has to be borne in mind by all the courts all the time that when there are two conflicting provisions in an Act, which cannot be reconciled with each other, they should be so interpreted that, if possible, effect should be given to both. This is the essence of the rule of "harmonious construction".
(4) The courts have also to keep in mind that an interpretation which reduces one of the provisions as a "dead letter" or "useless lumber" is not harmonious construction. Patna High Court L.P.A No.113 of 2020 dt.28 -06-2021 (5) To harmonise is not to destroy any statutory provision or to render it otiose."
(Emphasis supplied) V STANDALONE SECTION/PROVISION IN THE VERY SAME STATUTE/SECTION
(iv) It is a cardinal principle of construction of a statute Patna High Court L.P.A No.113 of 2020 dt.28 -06-2021 that effort should be made in construing its provisions by avoiding a conflict and adopting a harmonious construction. The well-known principle of harmonious construction is that effect should be given to all the provisions and a construction that reduces one of the provisions to a 'dead letter' is not harmonious construction; (v) But when on a construction of a statute, two views are possible, one which results in an anomaly and the other, not, it is our duty to adopt the latter and not the former, seeking consolation in the thought that the law bristles with anomalies; (vi) It is permissible to read words such as "subject to", etc. in order to reconcile two apparently inconsistent provisions."