SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2012 Supreme(Bom) 884

ROSHAN DALVI
Balasaheb Rangnath Khade – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
For the Appellants:R.V. Bansode, A.P. Mundargi, Sr. Counsel i/b Ms. Swapna Kode, Shirish Gupte, Sr. Counsel i/b Ms. Racheeta Dhuru, Advocates.
For the Respondents:P.A. Pol, P.P. & F.R. Shaikh, APP, A.V. Anturkar, Sr. Counsel appointed as amicus curiae, R2 S.V. Marwadi with Ms. Sunita Sharma Tiwari & Vinay Kutti, Advocates.

Judgment

(Mrs. Roshan Dalvi, J.)

1. I have had the privilege of going through the erudite exposition of an arguable point of law which merits the depth of articulation as is done by my brother Judges Kanade and Thipsay. The point of law required to be decided merits enunciation of settled principles of interpretation of statutes for reading a clear provision as per its own terms, reading it along with every other provision in the chapter in which it appears, reading the statute as a whole and deciphering the intention of the legislature that propelled the enactment given the state of affairs that prevailed before the enactment, the mischief that was apparent and the mode in which the legislature sought to remedy it. The ‘heyden’s rule’ or the ‘mischief rule’, which is the well settled principle of law, must be present to the mind of any interpretor of such enactment and which has been present to the mind of my brother Judges and must not be lost sight of.

The crime problem is the overdue debt a society pays for tolerating for years the conditions that breed lawlessness.

Earl warren.

2. An aspect of victimology, the doctrine of victim protection, victim representation and victim reh










































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top