absence of specific reference to mens rea is a case of casus
omissus. If the contention of learned counsel for the assessee
is accepted that
specific provision in that regard, it is clearly a case of
casus omissus.
In response, learned counsel for the respondents
submitted that plain meaning ... Popular Trading Company, Ujjain (2000 (5) SCC 515).
The legislative casus omissus cannot be supplied by judicial
interpretative process.
Two principles of construction one relating
fully effectuate the legislative intent.
It was a case of casus omissus.
The conclusion is clearly erroneous. It is against the settled
principles relating ... Popular Trading Company, Ujjain (AIR 2000 SC 1578). The
legislative casus omissus cannot be supplied by judicial interpretative
process.
Two principles of construction one relating
deviate from the will of the Parliament. The Courts
cannot supply casus omissus, but must attempt to reconcile the
provisions to advance the intention ... that under the guise of
judicial interpretation the court cannot
supply casus omissus, it is equally true that
the courts in construing
strictly and in favour of the assessee. Further, the principles of casus omissus applies to s. 2(m)(ii) and the court is not obliged
would go to the extent of saying that it is a casus omissus and,
therefore, the court must adopt the principle of purposive interpretation
into the said rule as it is clearly a case of
casus omissus.
In response, learned counsel for the respondents submitted that the
language ... read into the provision
being a case of casus omissus.
It is well settled principle in law that the Court cannot read anything
into
meaning should not be given.
It is a clear case of casus omissus, an unintentional
omission, which is to be ignored as the intention ... subscribe to the stand that it is a
case of casus omissus. It is to be noted at this juncture
that the eligibility criteria
obtaining a
copy of the order passed by the Court was casus omissus and that this Court
could while interpreting the said provision supply ... more than one reasons. Firstly, because while applying the
doctrine of casus omissus the Court has to look at the entire enactment and
the scheme
Clause 11.5, therefore, under this
situation whether the principle of Casus Omissus would apply
or not and whether this Court while interpreting the Clause ... established principle of law that there is no
presumption that a casus omissus exits and the Court should
avoid creating a casus omissus where there