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Showing contexts for: comma in Shajahan K.S vs State Of Kerala on 9 November, 2011Matching Fragments
31. It is also important to note that there is a 'comma' occurring just before the word 'and' in the aforesaid section. CRMC No: 4071/2011, WP(C) Nos.29166 & 35189/2011 & 6318/2012 It may be argued that punctuation is only a minor element in the construction of a Statute, and therefore, usually very little attention is paid to it. But at the same time, when a statute is carefully punctuated and there is doubt about its meaning, weight should undoubtedly be given to the punctuation as well. If the attention of the legislature was to construe the word 'and' conjunctively, then there would not have been a comma occurring just before the word 'and'. Therefore, in the present case, the position of 'comma' occurring just before the word 'and' is also of considerable importance.
33. It is argued that the 'comma' could not have been CRMC No: 4071/2011, WP(C) Nos.29166 & 35189/2011 & 6318/2012 there when the section was drafted but it must have been put by the printer at the time when the Act was printed. But it may be more realistic to accept the Act as printed, as being the product of the whole legislative process and to give due weight on everything found in the printed Act. But so long as such punctuation marks are there in the printed Act and since the punctuation mark was not objected to at any time it can only be held that the punctuation mark (here the 'comma') was there when the section was drafted and it was correctly printed. Therefore, the comma seen, which is before the word 'and' as mentioned above, cannot be simply ignored. Of course, section 6 is not interpreted merely based on the comma seen immediately after section 6(a), but it is also used as an additional factor or aid to hold that the two provisions; (a) and (b) of section 6; are distinct and separate.