A division bench of Madhya Pradesh High Court at Jabalpur, held as follows,
From Para 19, (Presumption of Legislature is correct)
19. The Hon’ble Supreme Court in the case of J.K. Cotton Spinning and Weaving Mills Co. Ltd. vs. State of U.P., reported in 1960 SCC OnLine SC 16 has held that in the interpretation of the statutes the Court always presumes that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect. Therefore, a provision of a statute cannot be used to defeat another unless it is impossible to effect reconciliation between them. Hence, the interpretation which involves conflict, must be avoided.
From Para 20,
20. The Hon’ble Supreme Court in the case of Aphali Pharmaceuticals Ltd. v. State of Maharashtra, (1989) 4 SCC 378 has explained the principles of interpretation of statutes. It has been held as follows:
“39. …….The best interpretation is made from the context, ‘Injustum est nisi tota lege inspecta, de una aliqua ejus particula proposita judicare vel respondere’. It is unjust to decide or respond as to any particular part of a law without examining the whole of the law. ‘Interpretare et concordare leges legibus est optimus interpretandi modus’. To interpret and in such a way as to harmonise laws with laws, is the best mode of interpretation…….”
From Para 21,
21. In the case of Grasim Industries Ltd. v. Collector of Customs, reported in (2002) 4 SCC 297, the Hon’ble Supreme Court held as follows:
“10. ………Where the words are clear and there is no obscurity, and there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to take upon itself the task of amending or alternating (sic altering) the statutory provisions……”
Note: My intention of adding this case on the website is to make use of the Supreme Court judgments cited in this case, specifically the Grasim Industries Ltd one.
Ashwini Pradhan Vs UOI and Anr on 08 Aug 2023Index of DV cases is here.