Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
ut res magis valeat quam pereat - This Latin maxim emphasizes that legal instruments, statutes, or documents should be construed liberally to give effect to their intended purpose, rather than being rendered ineffective or redundant. Courts aim to interpret provisions in a manner that upholds their effectiveness and the legislative intent ["Venkatramana Pai VS Sampa Alias Santappa Mallayya - Madras"].
Application in legal interpretation - The maxim guides courts to adopt a meaningful and workable construction, especially when ambiguities arise, so that all clauses or provisions are given effect, and no part is rendered nugatory. It promotes a liberal approach to uphold the utility of legal documents and statutes ["Subhadraben Wdfo Amratlal Shah Heir AND L. R. of Amratlal M. Shah VS Kumarpal Bhogilal Shah - Gujarat"], [](https://supremetoday.ai/doc/judgement/MYS_MARSDENLR_1986_900), ["M/S.TEAM DESIGNS vs M/S.ADD VALUE - Karnataka"].
Statutory and contractual context - The maxim is particularly relevant in statutory interpretation, ensuring laws are effective and operative. Courts are encouraged to interpret statutes in a manner that makes them workable and effective, avoiding redundancy or nullity ["Mohd. Sohail VS Chancellor, University of Allahabad - 1994 0 Supreme(All) 148"], ["Vishwanath VS State of U. P. - Allahabad"], ["S.K. Construction, Rep. By Its Managing Partner Shri K. Sridhar Reddy vs Union Of India, (CAO/CN/BNC), South Western Railway, Represented By Deputy Chief Engineer/CN/N/BNC - Karnataka"].
Application in notices and agreements - In cases like notices to quit or contractual clauses, the maxim directs courts to interpret such documents in a manner that reflects their true intent and purpose, avoiding hyper-technical or fault-finding approaches that could undermine their effectiveness ["Arulmighu Thirugnanasambandha Swamigal Aadheenam, Madurai represented by Aadheenakarthar His Holiness Sri-la-Sri Arunagirinatha Thirugnanasambandha Desika Paramacharya Swamigal, Madurai Town VS N. Rengan Chettiar - Madras"], ["Arulmighu Thirugnanasambandha Swamigal Aadheenam, Madurai represented by Aadheenakarthar His Holiness Sri-la-Sri Arunagirinatha Thirugnanasambandha Desika Paramacharya Swamigal, Madurai Town VS N. Rengan Chettiar - Madras"], ["Sandeep Mahajan VS Surjeet Singh - 2016 0 Supreme(HP) 403"].
Conditional invocation - The maxim is invoked primarily in cases of ambiguity, where a reasonable construction can give effect to all parts of a document or statute. It is a guiding principle to ensure that the legislative or contractual intent is not defeated by technicalities ["State Of Madhya Pradesh VS Chahal And Company - Madhya Pradesh"].
Legal principle - Overall, the maxim ut res magis valeat quam pereat embodies the principle that courts should interpret laws, contracts, and notices in a manner that promotes their purpose and effectiveness, favoring a construction that upholds the document's utility and legislative intent rather than rendering it ineffective ["THE COMMISSIONER OF INCOME TAX CITY-7, MUMBAI vs M/S. PAPILION INVESTMENTS PVT. LTD - Bombay"], ["Abdul Rahman VS Savitri Devi - Allahabad"], ["Commissioner of Income Tax, Vijayawada VS O. R. Distilleries Ltd. , Tirupathi - Andhra Pradesh"].
Analysis and Conclusion:The maxim ut res magis valeat quam pereat serves as a fundamental interpretative tool in legal practice. It encourages courts to adopt a liberal, purposive, and effective construction of statutes and legal documents, ensuring they fulfill their intended function rather than being rendered redundant or defective. This approach fosters the efficacy of legal instruments and aligns judicial interpretation with legislative intent ["Venkatramana Pai VS Sampa Alias Santappa Mallayya - Madras"].
In the intricate world of law, where words can make or break intentions, Latin maxims often serve as guiding beacons for judges and lawyers. One such principle, ut res magis valeat quam pereat, frequently arises in courtrooms. But what does ut res magis valeat quam pereat truly mean, and how does it shape legal outcomes? This blog post dives deep into this maxim, exploring its translation, applications, and limitations, drawing from key judicial precedents.
The Latin phrase ut res magis valeat quam pereat translates to it is better to validate a thing than to invalidate it or that the thing may rather have effect than be destroyed. YELLAPPA MUDUKAPPA ITAGI VS HUBLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBLI - 2005 0 Supreme(Kar) 633 This maxim embodies the idea that courts should interpret statutes, contracts, notices, wills, and other legal instruments in a way that renders them effective, workable, and operative, rather than leading to absurdity, futility, or invalidation—unless the language is wholly intractable or meaningless. Ranganathan VS In the Court of District Judge, Trichirapalli, Represented by its Sherishthar - 2007 0 Supreme(Mad) 3278Narendra Patel VS State of M. P. - 2019 0 Supreme(MP) 294
At its heart, it directs courts to prefer interpretations that uphold the functionality of legal texts. As one ruling states: A statute must be read in such a manner which would make it workable. Ranganathan VS In the Court of District Judge, Trichirapalli, Represented by its Sherishthar - 2007 0 Supreme(Mad) 3278 Courts avoid constructions that tend to reduce a statute to futility, strongly leaning towards viability. Narendra Patel VS State of M. P. - 2019 0 Supreme(MP) 294
This maxim shines brightest in construing statutes, especially machinery provisions—those enabling the law's operation. Courts mandate: A machinery provision... must be construed in such a manner so as to make it workable having regard to the doctrine 'ut res magis valeat quam pereat'. Narendra Patel VS State of M. P. - 2019 0 Supreme(MP) 294Kalpana Sinha VS Union of India, through the Secretary, N. I. Ts. , Department of Higher Education, Ministry of Human Resources Development - 2015 0 Supreme(Pat) 913SHAISHAV BHAVEN SHAH (MINOR) VS STATE OF GUJARAT - 2015 0 Supreme(Guj) 823
In tax and revision matters, it ensures legislative intent isn't thwarted: It has to abide by maxim res magis valeat quam pereat lest intention of legislature may go in vain. Commissioner Of Sales Tax, U. P. VS Mangal Sen Shyam Lal: Bhagwan Industries - 1975 0 Supreme(SC) 143 Similarly, in constitutional challenges, it supports presumptions of validity. Welfare Assocn. A. R. P. , Maharashtra VS Ranjit P. Gohil - 2003 0 Supreme(SC) 203
Additional sources reinforce this. For instance, in contract interpretation, a meaningful construction ought to be adopted... the principle of interpretation, ut res magis valeat quam pereat, is applicable. As noted in Chitty on Contracts (25th Edn.), para 785: Saving the document... This rule is often expressed in the phrase ut res magis valeat quam pereat. MALAYAN CREDITS PROPERTIES (PTE) LTD vs BETZ PTE LTDMALAYAN CREDITS PROPERTIES (PTE) LTD vs BETZ PTE LTD
In statutory construction generally, courts follow: the principle of ut res magis valeat quam pereat, i.e. to make the statute effective rather than making it redundant. Assistant Commissioner of Income-tax VS Papillon Invest. (P. ) Ltd.
Notices to quit exemplify practical application. Courts construe them not with idea of finding fault with it which would render it defective, but it must be construed ut res magis valeat quam pereat. Ariya Vaisiya Chettiar Podu Mel Bhuvanagiri VS Kaliaperumal Naidu - Current Civil Cases (2019)Anjali Nandy VS P. C. Ghosh - 2009 0 Supreme(Cal) 949 Broad, liberal readings prevail: the notice should be construed broadly and not defeated by inaccuracies... principle of ut res magis valeat quam pereat. Arulmighu Agastheeswarasamy Koil Velipalayam by its Executive Officer VS A. S. M. Jainnulabudeen - 2010 0 Supreme(Mad) 4739
A compelling case involved a Money Order coupon stating intent to vacate within 6-8 months. Despite disputes over authorship, the court upheld it as valid, emphasizing: notices to quit are to be construed not with a desire to find faults with them which would render them defective but they are to be construed ut res magis valeat quam pereat. The test? What it means to a tenant familiar with the tenancy. MIRA SEN VS DIPAK KUMAR GHOSH - 1977 Supreme(Cal) 387 Alternative forms suffice if intent is clear. Anjali Nandy VS P. C. Ghosh - 2009 0 Supreme(Cal) 949
In will construction, where two interpretations arise, the maxim favors the one granting effect: Two constructions possible-Maxim 'ut res magis valeat quam pereat' applies. Mauleshwar Mani VS Jagdish Prasad - 2002 1 Supreme 238 For procedural sections, it's interpreted to validate rather than invalidate. Mohd. Sohail VS Chancellor, University of Allahabad - 1994 0 Supreme(All) 148
Beyond statutes, it aids diverse contexts. In Hindu Marriage Act proceedings, courts cited: Verba ita sunt intelligenda ut res magis valeat quam pereat (Words are to be so understood that the matter may have effect rather than fail), treating time limits as directory. G. Ganesh Babu VS A. P. Arthi - 2012 Supreme(Mad) 4668 In Wakf Act matters: Verba its sunt intelligenda, ut res magis valeat quam pereat. Mahboob Basha VS Tamil Nadu Wakf Board, rep. by its Chief Executive Officer - 2012 Supreme(Mad) 3232
Corporate liability cases invoke it too: Verba ita sunt intelligenda ut res magis valeat quam pereat: Those sister maxims would indicate that the interpretation should focus towards making the legislation meaningful. Elof Hansson (I) Pvt. Ltd. Represented by its Chairman V. Rajagopalan VS Prithivi Softech Ltd represented by its Managing Director Ashok Kavat - 2011 Supreme(Mad) 2085
The maxim isn't absolute. It yields if language is absolutely vague... wholly intractable and absolutely meaningless, allowing void declarations distinct from Article 14 vagueness reviews. Narendra Patel VS State of M. P. - 2019 0 Supreme(MP) 294Kalpana Sinha VS Union of India, through the Secretary, N. I. Ts. , Department of Higher Education, Ministry of Human Resources Development - 2015 0 Supreme(Pat) 913SHAISHAV BHAVEN SHAH (MINOR) VS STATE OF GUJARAT - 2015 0 Supreme(Guj) 823 It doesn't cure merits-based flaws or clear invalidity, though the burden stays on challengers. YELLAPPA MUDUKAPPA ITAGI VS HUBLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBLI - 2005 0 Supreme(Kar) 633Mohd. Sohail VS Chancellor, University of Allahabad - 1994 0 Supreme(All) 148
When drafting or defending statutes, notices, or wills, prioritize viable constructions. Invoke the maxim against hyper-technical attacks, citing Supreme Court nods like in M.P. Gopalakrishnan Nair. Ranganathan VS In the Court of District Judge, Trichirapalli, Represented by its Sherishthar - 2007 0 Supreme(Mad) 3278 Related maxims bolster arguments: Verba generalia restringuntur ad Habilitatem Rei vel Personae. P. Kumaresan VS Kalyani - 2013 Supreme(Mad) 25
This maxim underscores law's pragmatic bent—preserving intent over pedantry. Note: This post provides general insights based on precedents and is not specific legal advice. Consult a qualified attorney for your situation.
There are no extravagant words in this instrument indicating a permanent lease such as mulgeni, etc., or other technical phrases of that import, and we think that the Courts should strive, where they can, to put a liberal construction upon the instrument ut res magis valeat quam pereat so as to uphold
That is certainly not an interpretation which can be termed as ut res magis valeat ... quam pereat, i.e. to make the statute effective rather than making it redundant
magis valeat quam pereat". ... valeat quam pereat". ... He submitted that when two constructions of the partnership deed at Ex. 168 were possible and one of which will give effect to all the clauses therein while the other will render one or more of them nugatory, it is the former that should be adopted on the principle expressed in the maxim "ut res magis ... SC 24, the honble Supreme Court held that if there be admissible two cons....
a notice to quit, though not strictly accurate or consistent in its statement, may be effective, and should be construed ut res magis valeat quam pereat. The test is, what would the notice mean to the tenant who is presumably conversant with the terms and circumstances of the tenancy?. Mr. ... the rule is also well established that notices to quit are to be construed not with a desire to find faults with them which would render them defective but they are to be construed at 'res #HL_ST....
This rule is often expressed in the phrase ut res magis valeat quam pereat . ... A meaningful construction ought to be adopted, and in such a situation, the principle of interpretation, ut res magis valeat quam pereat , is applicable. As stated in paragraph 785 of Vol. 1 of Chitty on Contracts (25th Edn.)
This rule is often expressed in the phrase ut res magis valeat quam pereat. That is to say, if by any reasonable construction the intention of the parties can be arrived at and that intention carried out consistently with the rules of law, the court will take that course. ... A meaningful construction ought to be adopted, and in such a situation, the principle of interpretation, ut res magis valeat quam pereat, is ....
One judicial tool with which to steer this course is contained in the Latin maxim ut res magis valeat quam pereat. This maxim was fleshed out in CIT v. Hindustan Bulk Carriers [ CIT v. ... A statute or any enacting provision therein must be so construed as to make it effective and operative on the principle expressed in the maxim ut res magis valeat quam pereat i.e. a liberal construction should be put upon writ....
This rule is often expressed in the phrase ut res magis valeat quam pereat . ... A meaningful construction ought to be adopted, and in such a situation, the principle of interpretation, ut res magis valeat quam pereat , is applicable. As stated in paragraph 785 of Vol. 1 of Chitty on Contracts (25th Edn.)
A meaningful construction ought to be adopted, and in such a situation, the principle of interpretation, ut res magis valeat quam pereat, is applicable. As stated in paragraph 785 of Vol. 1 of Chitty on Contracts (25th Edn.): "785 Saving the document. ... This rule is often expressed in the phrase ut res magis valeat quam pereat. That is to say, if by any reasonable construction the intention of the parties can be....
Their Lordships held that the principle of ut res magis valeat quam pereat, i.e. to make the statute effective rather than making it redundant, is to be followed in construction of the statutes. ... That is certainly not an interpretation which can be termed as ut res magis valeat quam pereat, i.e., to make the statute effective rather than making it redundant. As held by Hon’ble Supreme Court, in the case of....
(i) "Verba ita sunt intelligenda ut res magis valeat quam pereat.". [Words are to be so understood that the matter may have effect rather than fail.]. (ii) "Verba generalia restringunter ad Habilitatem Rei vel Personae.".
(Words are to be so understood that the matter may have effect rather than fail.) (ii) “Verba ita sunt intelligenda, ut res magis valeat quam pereat.”
(i) Verba generalia generaliter sunt intelligenda.-General words are to be understood generally. (ii) Verba its sunt intelligenda, ut res magis valeat quam pereat. Words are to be so understood that the matter may have effect rather than fail.
2. Verba intelligenda sunt in casu possibili – Words are to be understood in [or "of," or "in reference to"] a possible case. 3. Verba ita sunt intelligenda ut res magis valeat quam pereat: Those sister maxims would indicate that the interpretation should focus towards making the legislation meaningful. Words are to be so interpreted as to be effective rather than ineffective.
The words (of an instrument) are to be so understood, that the subject matter may rather be of force than perish [rather be preserved than destroyed; or, in other words, that the instrument may have effect, if possible] (i) 'Verba ita sunt intelligenda, ut res magis valeat quam pereat – (ii) 'Verba generalia generaliter sunt intelligenda – General words are to be generally understood.
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