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Shailesh Dhairyawan vs Mohan Balkrishna Lulla on 16 October, 2015

―30. In order to gather the intention of the lawmaker, the principle of "purposive interpretation" is now widely applied. This has been explained in Shailesh Dhairyawan v. Mohan Balkrishna Lulla, (2016) 3 SCC 619 in the following words: (SCC pp. 641-42, paras 31-33) ―31. The aforesaid two reasons given by me, in addition to the reasons already indicated in the judgment of my learned Brother, would clearly demonstrate that provisions of Section 15(2) of the Act require purposive interpretation so that the aforesaid objective/purpose of such a provision is achieved thereby. The principle of "purposive interpretation" or "purposive construction" is based on the understanding that the court is supposed to attach that meaning to the provisions which serve the "purpose" behind such a provision. The basic approach is to ascertain what is it designed to accomplish? To put it otherwise, by interpretative process the court is CRL.A. 1444/2013 Page 38 of 51 supposed to realise the goal that the legal text is designed to realise.
Supreme Court of India Cites 25 - Cited by 199 - R F Nariman - Full Document
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