harmonious construction

Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.

1. In which case the Supreme Court applied the rule of harmonious construction?
2. What is beneficial construction?
3. Where there are in a statute two provisions which are in conflict with each other such that both of them Cannot stand they should if possible be so interpreted that effect can be given to both and that a construction which renders either of them inoperative and useless should not be adopted except?
4. What is construction in interpretation of statutes?
5. What are the general principles of interpretation of statutes?
6. Which rule of construction is applicable where there is a real and not merely apparent conflict between the provisions of an act and one of them has not been made subject to the other?
7. What is difference between interpretation and construction?
8. What is the rule of ejusdem generis?
9. What is the meaning of non obstante clause?
10. What is the basic principle of literal construction?
11. Where in an enactment There are two provisions which Cannot be reconciled with each other they should be so interpreted that if possible effect may be given to both this is what known as the?
12. What is the object of interpretation?

In which case the Supreme Court applied the rule of harmonious construction?

The Supreme Court laid down five principles of rule of Harmonious Construction in the landmark case of CIT v Hindustan Bulk Carriers: 1. The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them.

What is beneficial construction?

Beneficial construction involves giving the widest meaning possible to the statutes. When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation should be chosen.

Where there are in a statute two provisions which are in conflict with each other such that both of them Cannot stand they should if possible be so interpreted that effect can be given to both and that a construction which renders either of them inoperative and useless should not be adopted except?

2. Harmonious Construction • It is a cardinal rule of construction that when there are in a statute two provisions which are in such conflict with each other, that both of them cannot stand together, they should possibly be so interpreted that effect can be given to both.

What is construction in interpretation of statutes?

In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. The courts draw findings after analysing the meaning of the words used in the text or the statutes. This process is known as legal exposition.

What are the general principles of interpretation of statutes?

Principles of interpretation

The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.

Which rule of construction is applicable where there is a real and not merely apparent conflict between the provisions of an act and one of them has not been made subject to the other?

The Rule of Harmonious Construction is applicable only when there is a real and not merely apparent conflict between the provisions of an Act, and one of them has not been made subject to the other.

What is difference between interpretation and construction?

Interpretation implies the identification of true sense of the statute. Construction means drawing inferences about the subject, that are above the direct expression of text. Court complies with simple meaning of the legal text.

What is the rule of ejusdem generis?

The term Ejusdem Generis in other words means words of a similar class. The rule is that where particular words have a common characteristic (i.e. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded.

What is the meaning of non obstante clause?

'Non-obstante' is a Latin word which means 'notwithstanding anything contained'. That means this clause empowers the legislation or a provision in which it contains, to override the effects of any other legal provisions contrary to this under the same law or any other laws.

What is the basic principle of literal construction?

The basic principle of the construction of statutes is that, the words have to be read and understood in their true literal sense. The Literal Rule is the first rule applied by the judges. The literal rule is also called grammatical rule by some jurists.

Where in an enactment There are two provisions which Cannot be reconciled with each other they should be so interpreted that if possible effect may be given to both this is what known as the?

"The Rule of construction is well settled that when there are in an enactment two provisions which cannot be reconciled with each other, they should be so interpreted that, if possible, effect should be given to both. This is what is known as the rule of harmonious construction."

What is the object of interpretation?

Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary meaning. ... The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.