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Statutes-State immunity from statutes-
Common law rule of construction if proper rule.
Constitution of India, Art. 372-Rule ... necessary implication and
this common law rule of construction, accepted as the law in
India was "law in force" within
Supreme Court of India
necessary implication referred to is really a rule of
construction of statutes and is not dependent on royal
prerogatives ... relied on.
Per Wanchoo, J.-The rule of construction which is based on
the royal prerogative as known
Supreme Court of India
shall refer to 'as the five years since construction'
rule is applied without modification.
28. Clause (1) deals with verandas ... commencement of the Act, if the 'five years since construction rule' be
applied, .though in all cases, where the offending
Calcutta High Court
Temporary Acts ....... . 48
` " Chapter 8 Other General Rules of Construction ....... . 55
C t Chapter 9 Corporations ....... . 62
{ V Chapter ... Tpr°ta'
_many of the general rules of construction which are incorporated in it) apply only where the context
does
Law Commission Report
substituted
Section 15 is required to apply rule of benevolent construction and in
that event amending Act would have retroactive ... urged that in view of provisions of Order 20 rule 14 CPC the title
to the property had already been
Supreme Court of India
notice.
Held: To the present case the general rule of construction
of fiscal Acts would apply, and not the exception ... resuscitates barred claims. Therefore, the same
stringent rules of construction appropriate to a charging
section shall also apply to -such
Supreme Court of India
document
itself. This rule follows from the literal rule of
construction which, unless its application produces absurd
results must ... interpreted today
by relying upon an,, special rule of construction applicable
to leases by or on behalf of the British
Supreme Court of India
passage
from Crawford on Statutory Construction (page 383) in which
exclusionary rule was criticized. The relevant passage is quoted below ... People Act, 1951.
The application of this rule of construction has the merit of
avoiding any contradiction between a series
Law Commission Report
Kerala
Building Rules (hereinafter referred to as the Rules) for
construction of an eight storied high rise building ... grant of
exemption from operation of the rules for construction of an
8 storied building by the 5th respondent
Supreme Court of India
behalf of the appellant
contends that the English rule of construction which gives
the right of selection to a devise ... necessary to
import the artificial rule of construction evolved in
England to avoid uncertainty. Now the provision
Supreme Court of India
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