SWATANTER KUMAR, A.M.KHANWILKAR, MRIDULA BHATKAR
Harish Vithal Kulkarni – Appellant
Versus
Pradeep Mahadev Sabnis And Sudha Mahadev Sabnis – Respondent
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
Mr. Hemendra Rasiklal Ghia Vs. Subodh Mody 2008 (6) ALL MR 352= 2008 (6) Mh.L.J. 886
Salem Advocate Bar Association
Aero Trader (P) Ltd. V. Ravinder Kumar Suri (2004)8 SCC 307 = (2004)6 SLT 428
Salem Advocate Bar Association Tamil Nadu Vs.Union of India AIR 2003 S.C. 189 = (2003)1 SCC 49
Nasiruddin & Ors. V. Sita Ram Agarwal (2003)2 SCC 577
Salem Advocate Bar Associations case AIR 2003 SC 189
J. Jayalalitha v. Union of India & Anr. (1999)5 SCC 138
Siben Kumar Mondal v. Hindusthan Petroleum Corpn. Ltd. AIR 1995 Cal 327
Sub-Committee on Judicial Accountability v. Union of India and others 1991 (4) SCC 699
Shashikant Laxman Kale and another v. Union of India and another (1990)4 SCC 366
Goodyear India Ltd. Vs. State of Haryana and Another AIR 1990 SC 781
Ammal Chandra Dutt v. Second Additional District Judge & Ors. (1989)1 SCC 1
M/s. Rubber House v. M/s.Excelsior Needle Industries Pvt. Ltd. (1989)2 SCC 413
State of Mysore v. R.V. Bidap AIR 1973 SC 2555
State of U.P. v. Sat Narain AIR 1959 ALL 218 = 1959 Cri LJ 409
Sangram Singh v. Election Tribunal
Smt. Pek Kalliani Amma and others Vs. K. Devi and others AIR 1955 SC 661
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