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2009 Supreme(Bom) 1694

SWATANTER KUMAR, A.M.KHANWILKAR, MRIDULA BHATKAR
Harish Vithal Kulkarni – Appellant
Versus
Pradeep Mahadev Sabnis And Sudha Mahadev Sabnis – Respondent


Advocates appeared:
For the Plaintiffs:P.R. Naidu, Advocate. For the Respondent:Ms. Usha Purohit i/by M/s. Ganekar & Co., Advocate.

Judgment :-

Swatanter Kumar, C.J.

Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is made from things preceding and following.

Historical background leading to enactment of a statute has been recognized in law as one of the relevant considerations while interpreting a statutory provision and even while examining the extent of its scope and application. Legislative intent and object and reasons of enactment are also accepted as legitimate tools of the law of interpretation. In Maxwell on The Interpretation of Statutes (Twelfth Edition by P. St. J. Langan) the observation of Sir George Jessel M.R. are noticed when he said, “the court, is not to be oblivious… of the history of law and legislation. Although the Court is not at liberty to construe an Act of Parliament by the motives which influenced the Legislature, yet when the history of law and legislation tells the Court, and prior judgments tell this present Court, what the object of the Legislature was, the Court is to see whether the terms of the section are such as fairly to carry out that object and no other, and to read the section with a view to finding out what it means, and not with a


























































































































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