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2013 Supreme(Cal) 412

ASHIM KUMAR BANERJEE, MRINAL KANTI CHAUDHURI
Hewlett Packard India Sales Pvt. Ltd. – Appellant
Versus
Jalan Infotech (P) Ltd. – Respondent


Advocate Appeared:
For the Appellant:Siddhartha Mitra, Senior Advocate, Ms. Mousumi Bhaattacharya, Advocate.
For the Respondent:Pratap Chatterjee, Senior Advocate, Soumabho Ghosh, Ms. Sonal Shah, Kushagra Shah, Advocates.

Judgment :-

Ashim Kumar Banerjee, J.

PREFACE:

The interpretation of law is not mathematics that would give a definite result and the only result. However, concept is changing in mathematics as well. W hen a problem is required to be resolved through mathematics it would have more than one solution. We are not mathematician nor having the expertise. Hence, we do not wish to venture any further on the issue. In fact, that may not be relevant herein. Our endeavour is to draw a distinction between the interpretation of law and resolution of a mathematical problem.

A literal interpretation would definitely suggest a strict meaning following the grammar and literal meaning of each word. Katju, J. speaking for the Apex Court would say ([AIR 2011 Supreme Court 1925 [Premananda and Ors Vs. Mohan Koikal and Ors.]), “the literal rule of interpretation simply means that we mean what we say and we say what we mean”. His Lordship further observed, “the literal rule of interpretation really means that there should be no interpretation. In other words, Court should read the statute as it is without distorting or twisting its language”. His Lordship eloquently explained what literal interpretation w





































































































































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