circumstances of the case.
On the principle of harmonious construction and- to avoid a
possible conflict between the powers given under
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
amending Act. The appellant relies on the rule of
harmonious construction and suggests that Ss. 8 and 8A should be read
together in ascertaining ... with the clause under S. 8A should under the rule of harmonious
construction ordinarily bear the same meaning. If the non-obstante clause
para 8) has laid stress over rule of harmonious
construction by observing as under:-
"8.......It is recognised rule of interpretation ... legislature envisaged. All provisions
can only be reconciled if doctrine of harmonious construction is
resorted to.
29. Even otherwise, if the language used is capable
wisdom left it to the Court to bring about a
harmonious construction of the two statutes so that the two
may work and stand together ... must, therefore, proceed to consider whether on a
true and harmonious construction, section 438 of the Code of
Criminal Procedure, which provides for grant
have its play and in
the event of any conflict a harmonious construction
should be given. The well-known principle of harmonious
construction is that ... definition of
victim under Section 2(wa) . The principles of harmonious
construction and the principle that one section in a statute cannot be
used
ancillary to those of Section 145 . The rule of harmonious construction must prevail over the rule of construing a provision literally where the result ... effect of rendering some other provisions otiose or nugatory, On a harmonious construction of the two provisions, it appears to us that Section 146 cannot
Kanhaiya vs State Of U.P. on 31 May, 2018
HIGH COURT OF JUDICATURE AT
Man Singh Jhagharia & Anr vs The State Of Bihar & Ors on 9 March
Mr. L. Murali Krishna vs The State Of Bihar & Ors on 9 March, 2016