The rule is that a statute should not be given a construction that would impair existing rights as regards person or property unless the language in which it is couched requires such a construction … The presumption that vested...
StatutoryInterpretation
Consequence of Trial Court not following well settled law amounts to contempt of Court – SC
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In Baradakanta Mishra Ex-Commissioner of Endowments v. Bhimsen Dixit, (1973) 1 SCC 446, the appellant therein, a member of Judicial Service of State of Orissa refused to follow the decision of the High Court. The High Court issued a...
Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed.
In relation to statutory construction, our position might be contrasted with that of the State and Territory Supreme Courts. The difference is only one of degree for, in modern times, State Parliaments have displayed a like penchant to their...
Question of statutory interpretation involving the provision authorizing appellate review of certain remand orders
The headings of a portion of a statute may be referred to in order to determine the sense of any doubtful expressions in sections ranged under it. (Hammersmith and City Railway Co. v. Brand, L.R. 4 H.L. 171, 203;...
