Natvarbhai Pirambardas Patel vs Navinchandra Jagjivandas Patel on 23 January, 2020
Equivalent citations: AIRONLINE 2020
Court, doctrine of impossibility, advantage of own wrong, harmonious construction and Rules being mandatory/directory. For an act of Court, the petitioners should ... sufferers and Rules being directory in nature should harmoniously be construed by this Court. The harmonious construction of Rule 3.1 and 4.8 put forward
drafting which make its working impossible. It is a cardinal principle of construction of a statute that effort should be made in construing the different ... 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
isolation and that the Court should apply the doctrine of harmonious construction while interpreting Sections 218 to Section 224 of the Code. According ... Section 223 deals with different situations, the doctrine of harmonious construction cannot be adopted while reading the same and the provisions of one section cannot
rendered nugatory. He has, therefore, submitted that the principles of harmonious construction require that efforts should be made to see that each provision ... 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
exceed the scope of the main legislation, applying the principles of harmonious construction, it should be construed as 'directory'. In this regard ... ultra virus the Act or by employing principle of 'harmonious construction', to read Sub-rule (2) of Rule
Yunusbhai Usmanbhai Shaikh vs State Of Gujarat & on 23 September, 2015
Author: J.B
warranted and not permissible. Therefore, applying the test and yardstick of harmonious construction, it can very well be concluded that the yardstick of harmonious construction ... either interpreting the provisions of the Acts on the touchstone of harmonious construction or from later in point of time or in light
9093/2020 JUDGMENT
applying the principle of harmonious construction held that dispute as to
entitlement to receive compensation is to be referred to Principal Civil ... without giving
rise to any conflict or overlapping. This
principle of harmonious construction needs
to be applied in the matter before hand
resort, when the provisions are destructive, repugnant or inconsistent and no harmonious construction is possible that the earlier constructions would be allowed to prevail ... resolved only on the application of the rule of harmonious construction by considering whether there is any inconsistency between these two parts of the same