harmonious construction. To harmonise is not to destroy any statutory provision or to render it otiose. The principle of harmonious construction is that effect shall ... Mehta and Ors. v. State of Maharashtra , the Court held that harmonious construction of the provisions of the Act and the Code makes
case may be' used in Rule 395 shows that a harmonious construction is possible and wide judicial discretion is given to the Tribunal ... lumber' or 'dead letter'. It is not harmonious construction. Harmonious construction is not to destroy the effect of one of the provisions
State of Rajasthan , , the Supreme Court emphasised the need for a harmonious construction of two sections of the same Act where there appears ... what is known as the rule of harmonious construction.'
The essence of harmonious construction is to give effect to both the provisions. Bearing these
both. This is what is known as the rule of harmonious construction."
9. The above passage makes it clear that it is settled ... what is known as the rule of harmonious construction."
The essence of harmonious construction is to give effect to both the provisions. Bearing these
read together and not in isolation.
10. The principle of harmonious construction is a well settled principle of interpretation of statutes vide Bengal Immunity ... wherein the Supreme Court observed:-
The essence of the rule of harmonious construction may be explained in following terms:
(i) It is the duty
principle of interpretation that would apply is the principle of harmonious construction of statutes. Two important decisions which lay down this principle are Venkataramana Devaru ... both. This is what is known as the rule of harmonious construction."
In Sultana Begum 's case (supra), the Supreme Court has observed
various High Courts and it has now been settled after harmonious construction of the words "an order under Section 20(1) and any order ... force in such submission from the respondent's side. On harmonious construction of Section 20 and Section
however, if would be against the basic principle of harmonious construction of the Rules of the same statute, if the provisions ... Rules are not read in harmony with the Provisions of Rule 57D(i). The principle of harmonious construction would therefore, require that whatever is expressly
construction".
Similarly in Sultana Begum v. Prem Chand Jain , the Supreme Court laid down the Rule of construction as follows :
This rule of construction ... both. This is the essense of the rule of "harmonious construction".
(4) The Courts have also to keep in mind that an interpretation
made to advance the cause of justice and not
to defeat it. Construction of the rule or procedure which promotes justice
and prevents miscarriage ... Order VIII Rule 1 and Rule 10, the doctrine of harmonious
construction is required to be applied. The effect would be that under Rule
