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
done by
the learned Single Judge amounts to inferring "casus omissus"
in both ways i.e. either to read some addition ... submitted that the
said principle of interpretation of "casus omissus" is also
settled in several decisions. It is submitted that a reference
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
2011 & 66/13 5
that casus omissus cannot be supplied by the Court, which is
the well established principle of statutory interpretation ... learned counsel
for the claimant is that there is a casus omissus which
cannot be supplied by the Court which is an accepted
paid. What the Tribunal by majority did
was to supply the casus omissus which was not permissible
and could only have been done ... deliberately omitted from the definition. That would
amount to supplying the casus omissus and we do not
think that it is possible, particularly, in this
2011 & 66/13 5
that casus omissus cannot be supplied by the Court, which is
the well established principle of statutory interpretation ... learned counsel
for the claimant is that there is a casus omissus which
cannot be supplied by the Court which is an accepted
paid. What the Tribunal by majority
did was to supply the casus omissus which was not
permissible and could only have been done ... deliberately omitted from the definition. That would
amount to supplying the casus omissus and we do not think
that it is possible, particularly, in this
paid.
What the Tribunal by majority did was to supply the casus omissus
12
which was not permissible and could only have been done ... deliberately omitted from the
definition. That would amount to supplying the casus omissus and we
do not think that it is possible, particularly, in this
paid.
What the Tribunal by majority did was to supply the casus omissus
12
which was not permissible and could only have been done ... deliberately omitted from the
definition. That would amount to supplying the casus omissus and we
do not think that it is possible, particularly, in this
paid. What the Tribunal by majority
did was to supply the casus omissus which was not
permissible and could only have been done ... deliberately omitted from the definition. That would
amount to supplying the casus omissus and we do not think
that it is possible, particularly, in this
