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1 - 10 of 33 (0.32 seconds)Indian Metals And Ferro Alloys Ltd. ... vs Collector Of Central Excise, ... on 22 November, 1990
In Indian Metals
and Ferro Alloys Ltd., Cuttack Vs. The Collector of Central Excise,
Bhubaneshwar, AIR 1991 SC 1028, the Court has applied the same rule of
interpretation by holding that contemporanea expositio by the
administrative authority is a very useful and relevant guide to the
interpretation of the expression used in a statutory instrument.
N. Suresh Nathan And Anr vs Union Of India And Ors on 22 November, 1991
In N. Suresh Nathan & Ors. Vs. Union of India & Ors, AIR 1992
SC 564; and M.B. Joshi & Ors. Vs. Satish Kumar Pandey & Ors. AIR
1993 SC 267, this Court observed that construction in consonance with long-
standing practice prevailing in the concerned department is to be preferred.
M.B. Joshi And Ors. Etc. Etc vs Satish Kumar Pandey And Ors. Etc. Etc on 15 October, 1992
In N. Suresh Nathan & Ors. Vs. Union of India & Ors, AIR 1992
SC 564; and M.B. Joshi & Ors. Vs. Satish Kumar Pandey & Ors. AIR
1993 SC 267, this Court observed that construction in consonance with long-
standing practice prevailing in the concerned department is to be preferred.
Desh Bandhu Gupta & Co. & Ors vs Delhi Stock Exchange Assn. Ltd on 23 February, 1979
In Desh Bandhu Gupta & Co. & Ors Vs. Delhi Stock Exchange
Association Ltd. AIR 1979 SC 1049; and State of Tamil Nadu vs. Mohi
Traders, AIR 1989 SC 1167, this Court observed that the principle of
contemporanea expositio, i.e. interpreting a document by reference to the
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exposition it has received from Competent Authority can be invoked though
the same will not always be decisive of the question of construction. The
administrative construction, i.e. the contemporaneous construction placed by
administrative or executive officers responsible for execution of the
Act/Rules etc. generally should be clearly wrong before it is over-turned.
Such a construction commonly referred to as practical construction although
not controlling, is nevertheless entitled to considerable weight and is highly
persuasive. However, it may be disregarded for cogent reasons.
State Of Tamil Nadu vs Mahi Traders & Ors. Etc. Etc on 3 February, 1989
In Desh Bandhu Gupta & Co. & Ors Vs. Delhi Stock Exchange
Association Ltd. AIR 1979 SC 1049; and State of Tamil Nadu vs. Mohi
Traders, AIR 1989 SC 1167, this Court observed that the principle of
contemporanea expositio, i.e. interpreting a document by reference to the
1
exposition it has received from Competent Authority can be invoked though
the same will not always be decisive of the question of construction. The
administrative construction, i.e. the contemporaneous construction placed by
administrative or executive officers responsible for execution of the
Act/Rules etc. generally should be clearly wrong before it is over-turned.
Such a construction commonly referred to as practical construction although
not controlling, is nevertheless entitled to considerable weight and is highly
persuasive. However, it may be disregarded for cogent reasons.
Punjab Traders And Ors vs State Of Punjab And Ors on 18 September, 1990
11. The executive interpretation placed by those who are charged with
executing the statute, though not binding, is nevertheless entitled to
considerable weight as highly persuasive. However, the application of the
doctrine in respect of modern Statutes has been doubted by this Court (vide
M/s. Punjab Traders vs. State of Punjab and Ors. AIR 1990 SC 2300 and
M/s. Oswal Agro Mills Ltd. vs. Collector of Central Excise AIR 1993 SC
2288.
Oswal Agro Mills Ltd. Etc. Etc vs Collector Of Central Excise And Ors on 27 April, 1993
11. The executive interpretation placed by those who are charged with
executing the statute, though not binding, is nevertheless entitled to
considerable weight as highly persuasive. However, the application of the
doctrine in respect of modern Statutes has been doubted by this Court (vide
M/s. Punjab Traders vs. State of Punjab and Ors. AIR 1990 SC 2300 and
M/s. Oswal Agro Mills Ltd. vs. Collector of Central Excise AIR 1993 SC
2288.
Sant Ram Sharma vs State Of Rajasthan & Anr on 7 August, 1967
In Sant Ram v. State of Rajasthan AIR 1967 SC
1910, a Constitution Bench of this Court has held that statutory rules cannot
be amended by Executive instructions but "if the rules are silent" on any
particular point, Government can fill up the gaps by issuing executive
instructions, in conformity with the existing rules.
Union Of India vs H.R. Patankar & Ors on 14 August, 1984
Similar view has been
reiterated in Union of India v. H.R. Patankar & Ors. AIR 1984 SC 1587.
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However, mere opinion given by various departments of the Government
cannot be termed as Executive instructions.