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
principles of construction one relating to
casus omissus and the other in regard to reading the
statute as a whole appear to be well settled ... Under the
first principle a casus omissus cannot be supplied by
the Court except in the case of clear necessity and when
reason
implication. The question, which is being raised, therefore, is, whether a casus omissus can be supplied by a court of law where the Legislature ... Courts on the plea that the Court should apply a casus omissus.
(22) Where a casus omissus really occurs in a statute through the inadvertence
deemed necessary.
8) Two principles of constructions - One relating to
casus omissus and the other in regard to reading the
statute as a whole - appear ... well settled - Under the
first principle a casus omissus cannot be supplied by the
Court except in the case of clear necessity and when
reason
distinction is
made in the members by the regulations, then that casus omissus
cannot be supplied by the court except in case of clear necessity ... found in the four concerns of statute itself.
Casus omissus means a point unprovided for by a statute. A case
not provided
Legislature to amend, modify or repeal it, if
deemed necessary. Legislature casus omissus
cannot be supplied by judicial interpretative
process.
A casus omissus cannot ... found in the four corners of
the statute itself. A casus omissus should not be
readily inferred and for the purpose all the parts
assessee. Mr. Pandit submits that this is a case of 'casus omissus' and that we must introduce words the effect of which will ... would first consider the question whether the rule of 'casus omissus' applies to this case.
7. In -- 'Mersey Docks v. Henderson
pleas raised by the parties regarding
rewriting of statute and casus omissus, Hon'ble the Supreme Court in
16 of 33
::: Downloaded ... rival pleas regarding re-writing of statute
and casus omissus need careful consideration. It is well
settled principle in law that the Court cannot read
Monika And Ors vs State Of Haryana And Ors on 5 December, 2016
Bench: Ajay
argued that a legislative casus omissus cannot be supplied by
judicial interpretation. It is submitted that to read Section 468 Cr.PC to
mean that ... several other judgments of this Court where doctrine of
casus omissus is discussed. In our opinion, there is no scope for
application of doctrine
