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2011 Supreme(Cal) 809

AMIT TALUKDAR, SHUKLA KABIR SINHA
Sukro Munda – Appellant
Versus
National Insurance Company Ltd. – Respondent


Judgment

Talukdar, J.

1. "EXPRESSUM tacit cessare taciturn" (when there is express mention of certain things, then anything not mentioned is excluded) is a maxim, which has been inducted with approval by at least two Constitution Bench decisions in B. Shankar Rao Badamiv. State of Mysore, (1969)3 SCC 637 and Union of India v. Tulshi Ram Patel and Ors., (1985)3 SCC 398.

2. THIS well-known maxim, is a principle of logic and common sense and not merely a technical rule of construction. In the quagmire of the same, we would be required to demystify the situation, which has centred around these appeals, which have been amalgamated together, as a single point of some legal importance sprouts therefrom.

3. ALL these appeals related to different orders passed by the Commissioners of the Workmen's Compensation Act. Some have been filed on ground of interest, some on the ground of apportionment of disability. What binds all these appeals in a common string, is an offshoot of points raised by Shri Rajesh Singh for one of the Respondents in this bunch of appeals. It is of great importance.

4. HE has pointed out that the Commissioners have awarded the compensation, which was directed to be payabl






























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