Where the plain literal interpretation of a statutory provision produces a manifestly unjust result which could never have been intended by the Legislature, the Court might modify the language used by the Legislature so as to achieve the intention of the Legislature and produce a rational construction.
The task of interpretation of a statutory provision is an attempt to discover the intention of the Legislature from the language used. It is necessary to remember that language is at best an imperfect instrument for the expression of human intention. It is well to remember the warning administered by Judge Learned Hand that one should not make a fortress out of dictionary but remember that statutes always have some purpose or object to accomplish and sympathetic and imaginative discovery is the surest guide to their meaning.
More Stories
Court cannot rewrite, recast or re-frame legislation for the very good reason that it has no power to legislate
In the administration of justice, Judges and lawyers play equal roles, like Judges, lawyers also must ensure that truth triumphs -SC 2012
Consequence of Trial Court not following well settled law amounts to contempt of Court – SC