held that the rule of harmonious construction of apparently conflicting statutory provisions is well established for upholding and giving effect to all the provisions ... have its play and in the event of any conflict, a harmonious construction should be given. It has been further held in that case
given to both. This is the essence of the rule of
“harmonious construction”.
(4) The courts have also to keep in mind that
an interpretation ... provisions as a “dead letter” or “useless
lumber” is not harmonious construction.
(5) To harmonise is not to destroy any
statutory provision or to render
conflict in the competing entries by resort to the rule of harmonious construction. Just as entry No. 22 in Schedule I read with Section ... This conflict has to be resolved by applying the rule of harmonious construction.
6. The rule of harmonious construction means that when there
said settlement would be redundant if a harmonious construction be not
made with the Rules. The respondent No.1 served the Bank for more than ... Rule 22(1)(c) of the Pension Fund Rules for giving harmonious
construction in the matter of granting pension to respondent No.1 relying
both. This is what is known as the rule of harmonious construction."
9. The above passage makes it clear that it is settled ... inconsistency in two sections of the same Act, the principle of harmonious construction should be followed in avoiding a head on clash. It should
harmoniously construed so as to not render it inconsequential.
24
THE NEED FOR HARMONIOUS INTERPRETATION
29. The application of the doctrine of harmonious and purposive ... applied the rule
of harmonious construction to subordinate legislation and had ruled as
follows:
"7....and undoubtedly we have to apply the rule
construing its provisions by avoiding the conflict and
adopting a harmonious construction. The statute or rules made
thereunder should be read as a whole ... object sought to be achieved. The
well-known principle of harmonious construction is that effect
should be given to all the provisions and a construction
given
to both. This is the essence of the rule
of “harmonious construction”.
(4)The Courts have also to keep in mind that
an interpretation ... provisions as a “dead letter” or
“useless lumber” is not harmonious
construction.
(5)To harmonize is not to destroy any
statutory provision or to render
respective policy under which
the same is registered and harmonious construction
of the above provisions will lead to the conclusion
that the area reserved ... plant.
It is also argued that as per the principle
of harmonious construction, effect has to be given to
all the provisions and for that
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
