construction must be either purposive-and-literal or purposive-and-strained. The third type of construction is non-purposive-and-literal. A construction is purposive ... reflects the purpose. The purposive-and-literal is the commonest construction, for usually a literal construction and a purposive construction lead to the same result
called a purposive-and-strained construction)".
In the same section, it is further stated : -
"When Judges speak of a purposive construction, they usually ... construction -- the literal and the purposive approach' Kammins Ballrooms Co. Ltd. v. Zenith Investments (Torquay) Ltd. , (1971) AC 850. Nevertheless a purposive construction must
dealt with the Functional Construction
Rule in Part XV of his book. The nature of purposive
construction is dealt with in Part ... Construction" in contrast with literal
construction. The learned author has observed as under:
"Contrast with literal construction - Although
the term 'purposive construction
section 304) entitled, `Nature of
purposive construction'. That begins with the following
words:
`A purposive construction of an enactment is
one which gives effect ... purposive-and-strained
construction).'
xxx xxx
44. The passage from Bennion continues:
'...I am not reluctant to adopt a
purposive construction where
Edition, has dealt with the Functional Construction
Rule in part XV of his book. The nature of purposive
construction is dealt with in Part ... Purposive Construction in contrast with literal
construction. The learned author has observed as under:
"Contrast with literal construction
Although the term `purposive
construction
Bombay Dyeing & Mfg. Co. Ltd vs Bombay Environmental Action Group & Ors on 7
JUDGE
The High Court has taken recourse to the rule of purposive
construction whereas learned counsel appearing on behalf of the appellants
want ... Construction" explains various meanings attributed
to the term "purpose". It would be in the fitness of
discussion to refer to Purposive Construction
Indian Handicrafts Emporium & Ors vs Union Of India & Ors on 27 August, 2003
effect to the purport and object of the Act. Rule of
purposive construction should, subject of course to the applicability of the
other principles ... Construction' explains various meanings attributed
to the term "purpose". It would be in the fitness of
discussion to refer to Purposive Construction
this nature, we are of the opinion that the doctrine of purposive construction must be taken recourse to.
17. In Ananta Kumar Bej v. State ... section 304, of the treatise purposive construction, has been described in the following manner :
"A purposive construction of an enactment is one which gives
