Where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other manner

It is well settled that where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other manner, vide Chandra Kishore Jha vs. Mahavir Prasad, AIR 1999 SC 3558 (para 12), Dhananjaya Reddy vs. State of Karnataka, AIR 2001 SC 1512 (para 22), etc. Section 86(1)(f) provides a special manner … Continue reading Where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other manner

Mimansa Principles of Interpretation

In  Gujarat Urja Vikash Nigam Ltd. Versus Essar Power Ltd [AIR 2008 SC 1921 : (2008) 4 SCR 822 : (2008) 4 SCC 755 : JT 2008 (3) SC 336 : (2008) 3 SCALE 469]  SUPREME COURT OF INDIA HELD : Today many of our educated people are largely unaware about the great intellectual achievements of our ancestors and the intellectual treasury they have bequeathed us. The Mimansa … Continue reading Mimansa Principles of Interpretation

Meaning of “Notwithstanding anything contained in the Act.”

 What is meant by use of the expression “Notwithstanding anything contained in the Act” as contradiction to the phrase “Subject to the provisions of this Act” reliance has been placed on the judgement of the Supreme Court in Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram AIR 1987 SC 117 = (1986) 4 SCC Continue reading “Meaning of “Notwithstanding anything contained in the Act.””