Document Fragment View
Fragment Information
Showing contexts for: harmonious construction in Phonographic Performance Ltd vs Bhandari Forms And Resort And 4 Ors on 24 January, 2024Matching Fragments
103. Dr. Tulzapurkar has submitted that the principles of construction propounded by PPL and Novex are misconceived and not applicable to instant case. He has submitted that the decisions relied upon by them in support of "harmonious construction" would 32 [(2001) 7 SCC 358] 33 [(1875) Vol.1Ch.D 426] 34 [1936 LXIII Indian Appeals 372] 35 [(1964) 4 SCR 485] varsha 59 of 87 Varsha COMP-264-2022 AND COMP-363-2019 final.doc require the court to read down Section 33(1) such that "owners" are excluded from the word "persons". This is contrary to the plain language used in Section 33(1) of the Act. Further, harmonious construction applies only if there is an ambiguity in the language of the statute and cannot be used if the language is clear. In the present case, the language of Section 33(1) is plain and unambiguous. Hence, it would be impermissible to ignore the rule of literal interpretation and apply the rule of "harmonious construction"