M NANAVATI case is one of the landmark judgement of India .This case involved Kawas Manekshaw Nanavati, a Naval Commander who was tried for committing the murder of his wife’s lover, Mr.Prem Ahuja. Initially, Nanavati was not declared guilty but Read More …
The Doctrine of HarmoniousConstruction: Case Analysis Cantonment Board, Mhow v. M.P. State Road Transport Corporation AIR 1997 SC 2013
In this case, the doctrine of harmonious construction has been followed by interpreting the provisions of Madhya Pradesh Motor Vehicles Taxation Act, 1947 and Madhya Pradesh Municipalities Act,1961. The Cantonment Board had levied entry tax on motor vehicles. Section 6 Read More …
The Doctrine of Harmonious Construction: Classic Case Sirsilk Ltd. v. Govt. of Andhra Pradesh AIR 1964 SC 160.
In this case, The Supreme Court well employed the doctrine of Harmonious Construction to bring a settlement between the provisions of Sec 17 and Sec 18 of the Industrial Disputes Act, 1947 Before this case, certain disputes between the employer Read More …
STRICT CONSTRUCTION AND LIBERAL CONSTRUCTION
These two concepts hold a very strong and evident position in regard to the interpretation of the statutes. As the word in itself suggests that “Strict” would mean to be the one with rigid and firm ground basis and “Liberal” Read More …
The Doctrine of Harmonious Construction:Case Analysis : Prof.Yashpal and Anr. V. State of Chhattisgarh (AIR (2005) SC 2026)
The rule of harmonious construction has been followed in this case to harmonize the provisions of The Chhattisgarh Niji KshetraVishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 and the provisions of UGC Act. In This Case ,Professor Yashpal, an eminent Scientist and Read More …
The Doctrine of Harmonious Construction: Latest Case Bhupinder Singh vs Jaswant Singh :15 January, 2016
In this case, The Court applied the doctrine of harmonious construction to avoid conflict between an order of the court (which allowed the Respondent to file a written statement even after the expiry of the given period of 90 days) Read More …
Doctors to pay for deaths during strike: HC
The Lucknow bench of the Allahabad High Court on Friday asked authorities to penalize doctors responsible for the strike in King George’s Medical University (KGMU) that caused undue harassment of hundreds of patients and pay Rs 25 lakh compensation each to Read More …
MILESTONE JUDGEMENT ON PARLIAMENTARY PRIVILEGES INVOLVING “HARMONIOUS CONSTRUCTION”
CASE: Pandit M. S. M. Sharma vs. Shri Sri Krishna Sinha And Others on 12 December, 1958 The editor of Searchlight (M.S.M Sharma) a newspaper in Patna, in 1954 went to the proceedings of the Patna Legislative Assembly. In attendance Read More …
BENEFICIAL CONSTRUCTION
Beneficial Construction rule has been a part of Harmonious construction for interpretation of the statutes. It is and advantageous rule of interpretation for the members of the society which preserves them from any kind of hardships being created through the Read More …
RULE OF HARMONIOUS CONSTRUCTION:DPSP AND FUNDAMENTAL RIGHTS
When there are two different but conflicting meaning of two different laws, then the courts try to make a harmonious meaning( so that both the laws can be implemented). Though Fundamental Rights and Directive Principles of State Policy have been Read More …