Tag: Statutory Interpretation

It shall be lawful – means

In Julius v. Bishop of Oxford (1880) 5 A.C. 214 it was observed by Cairns, L.C., at pp. 222-223 that the words “it shall be lawful” conferred a faculty or power, and they did not of themselves do more than confer a faculty or power.

When language of the provision is plain and unambiguous, the question of supplying ‘casus omissus’ does not arise

Apex Court in the case of Union of India and Anr. v. Shardindu held that when language of the provision is plain and unambiguous, the question of supplying ‘casus omissus’ does not arise and the Court can interpret a law but cannot legislate. Therefore, recent trend for supplying gape in legislation is concerned, the Court will be loath in exercise of power under Article 226 of the Constitution of India

Or – The meaning of

In order to steer clear of the above interpretation of Section 11 (2) learned counsel for the employees put forward the argument that the word ‘or’ occurring in the section should not […]