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
preserves the powers which the High Court already possessed. A
harmonious construction of Sections 397 and 482 would lead to the
irresistible conclusion that where
isolation, but on a
harmonious construction of the same with reference to the statement of
objects and reasons to the Act along with Sections ... also submitted that the above approach of this Court for
harmonious construction finds support from the following ratio laid down by
this Court in Bhatnagars
Notes, namely, Note 2 and Note 4 have to be read harmoniously.
If we accept the submission of the learned counsel for the assessee
predicated ... that Concentrate will still be covered by the exemption notification.
Therefore, harmonious construction of Note 2 and Note 4 would lead us to
hold that
There is some validity in this submission
but if, on a fair construction, the
principal provision is clean a proviso
cannot expand or limit ... they mutually
throw light on each other and result in a
harmonious construction.”
42. In Hiralal Rattanlal v. State
Developer of
a SEZ.
17. Mr. Mehta called for harmonious construction of the provisions of SEZ
and the Electricity Act to support his submission that ... grounds
which are as follows:
(i) There has to be a harmonious construction of SEZ Act and
Electricity Act to give effect to the provisions
notification and not beyond. It was also argued that, on a true
construction of Rule 20(2)(a), the said rule merely validates a provisional ... harmoniously construed with both Rules 13 and 21, or
else, the suggested construction by revenue of Rule 20(2)(a) would render
Rules
passed by the same Legislature, viz., Parliament, and the rule of harmonious construction would have to apply in such cases."
23. We may notice
Home Solutions Retails (India) Ltd. vs Uoi & Ors. on 23 September, 2011
Author: Dipak
harmonize the two sets of provisions by applying the principle of
harmonious construction. Her submission was that when there are
two conflicting provisions ... provisions to a „dead
letter‟ or „useless lumber‟ is not harmonious construction. To
harmonize is not to destroy any statutory provision. She suggested
that
