Mansukhbhai Kanjibhai Shah vs State Of Gujarat on 2 February, 2018
(4) In Sakshi vs. Union of India reported in
(2004)5 SCC 518 again the Hon'ble the Supreme
Court of India has held that It is well settled
principle that the intention of the Legislature
is primarily to be gathered form the language
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R/CR.RA/1188/2017 CAV JUDGMENT
used, which means that attention should be paid
to what has been said as also to what has not
been said. As a consequence a construction which
requires for its support addition or substitution
of words or which results in rejection of words
as meaningless has to be avoided. It is contrary
to all rules of construction to read words into
an Act unless it is absolutely necessary to do
so. Similarly it is wrong and dangerous to
proceed by substituting some other words for
words of the statute. It is equally well settled
that a statute enacting an offence or imposing a
penalty is strictly construed. The fact that an
enactment is a penal provision is in itself a
reason for hesitating before ascribing to phrases
used in it a meaning broarder than that they
would ordinarily bear.