legislature, on the presumption that certain words were, due to drafting error, omitted. The words "other sums" shall thus include any amount
Court held
thus:
“The court must be able to correct
obvious drafting errors. In suitable cases,
in discharging its interpretative function
the court will ... Page 18 of 22
This power is confined to plain cases of
drafting mistakes. The courts are ever
mindful that their constitutional role in this
search for
defects of drafting, much less inexactitude of
language employed. Indeed, any such defects
of drafting should be ironed out as part ... this result has been
arrived at by pointing out some drafting errors
and some imperfection in the language
employed. If only the High Court
expected, except for compelling
24
reasons such as obvious drafting errors (see State of U.P. and
others Vs. Vijay Anand Maharaj
will not be accepted except for compelling reasons such as obvious drafting errors.
22.Let me consider some more judgments on the interpretation
country, security of the State etc. and to remove certain drafting errors and errors in cross-references of clauses were formulated.” The Minster of course ... this Bill, are intended to correct the drafting errors that crept in while drafting this Bill. During the last week, a very important Constitutional (Amendment
accused. Even
Otherwise, a person cannot be made liable for drafting errors inadvertently
committed by her advocate. Therefore, the contradictions as pointed by ld
counsel
Rohatgi
contended that the term ‘CoC’ in the proviso was a drafting error,
and the intended reference was to the ‘Adjudicating Authority’. A
literal interpretation ... Greenpac, invoked the
Principle of Scrivener’s Error, highlighting an inadvertent drafting
error in the proviso to Section 31(4) of the IBC that rendered
orders,
the same may be ineffective. It may be an error in drafting. If this
Court fills in the aforesaid lacunae, the same will
should not be
accepted except for compelling reasons, such as obvious drafting errors.
However, in a situation where it is not an instance of casus ... legislation as intended, without the Court
venturing into the realm of legislative drafting. Such an exercise would
only require harmonious construction of the provisions