Garware Wall Ropers Ltd. vs Coastal Marine Constructions ... on 10 April, 2019
Equivalent citations: AIR
some inconsistency between two statutory provisions, the principle of harmonious construction would have to be applied so as to avoid a head on clash ... compatible and not contradictory.
30. The applicability of the principle of harmonious construction came up for consideration in Krishan Kumar Vs. State of Rajasthan
construing its
provisions by avoiding a conflict and adopting a
harmonious construction. The well-known principle of
harmonious construction is that effect should be given ... provisions to a 'dead letter' is not harmonious
construction.
(v) But when on a construction of a statute, two views
are possible
State Of U.P. And Ors vs Renusagar Power Co. And Others on 28 July
circumstances of the case.
On the principle of harmonious construction and- to avoid a
possible conflict between the powers given under
Statutes have to be read as a whole by giving
harmonious construction to all the provisions of the law so that none of the
provision ... rendered redundant. Keeping in view the principle of
harmonious construction, the third proviso to Rule 68(1) of M.P. Minor
Mineral Rules
Harmoni-
ous construction--Reasons indicated.
Interpretation of Statutes--Harmonious
Construction--Motor Vehicles Act, 1988-- Sections 100 and
217(2) .
HEADNOTE:
The appellant held a Stage ... unless it is impossible to reconcile the
same. The essence of harmonious construction is to give
effect to both the provisions.
Venkataramana Devaru v. State
following the Rule of "Contextual construction", and
"Harmonious Construction", it would avoid the risk of making interrelated
provisions becoming otiose ... required to
be made.
CRM M-359 of 2012 [29]
HARMONIOUS CONSTRUCTION OF SECTION 82 (4) Cr.P.C . WITH
SECTION
dead letter" or "useless lumber" is not harmonious construction. To harmonise is not to destroy any statutory provision or to render ... otiose. The principle of harmonious construction is that effect shall be given to all the provisions and for that any provision of the statute should
give effect to all the
provisions by adopting the principle of harmonious construction. Reliance
was placed on Iridium India Telecom Ltd v. Motorola ... give effect to all of them by adopting the principle of
harmonious construction.
33. There cannot be any doubt about the principle of
harmonious construction