AI Overview...
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Imputing or Importing New Construction - Courts emphasize that the primary consideration should be the intention of the author of the clauses, and no extrinsic help should be called for to impute or import new construction. The court's role is to interpret clauses based on their plain language and the intent behind them, avoiding external aids Flemingo Duty Free Shop Pvt. Ltd. through its Senior General Manager R. Murali VS Union of India New Delhi represented by its Secretary - Kerala, M/S.FLEMINGO DUTY FREE SHOP PVT. LTD. Vs UNION OF INDIA - Kerala.
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Contract Construction - The true interpretation depends on the import of the words used, not subsequent statements by parties. The intention of the legislature or contracting parties is crucial, but extrinsic help should be avoided unless explicitly warranted M/S.FLEMINGO DUTY FREE SHOP PVT. LTD. Vs UNION OF INDIA - Kerala.
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Building Rules and Construction Permissions - The Kerala Municipality Building Rules (1999) and related legal principles establish that construction activities require proper permissions and must adhere to regulations. A contravention does not confer vested rights for continued construction, and legal challenges to illegal constructions are dismissed if rules are violated M. M. Meethian Kunju VS State Of Kerala, Represented By The Secretary to Government - Kerala, M. M. Meethian Kunju VS State Of Kerala, Represented By The Secretary to Government - Kerala, K P MOHAMMED SO K K PAREED vs MS PURAVANKARA PROJECTS LIMITED - Kerala.
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Vested Rights and Legality - Extended rules do not grant vested rights for ongoing construction if they violate building regulations. The legality of construction is determined by compliance with applicable rules, and violations can lead to dismissal of petitions or orders for demolition K P MOHAMMED SO K K PAREED vs MS PURAVANKARA PROJECTS LIMITED - Kerala.
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Importing Goods and Contractual Obligations - Importing involves a series of activities from purchase to delivery, and contractual obligations, including licensing and damages for default, are central. The impossibility of performance, such as failure to secure licenses, may discharge contractual duties unless explicitly stated otherwise Durga Devi Bhagat VS J. B. Advani And Co. Ltd. - Calcutta.
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Statutory Interpretation and Amendments - Amendments to statutes should be interpreted with regard to their retrospective or prospective operation. Such interpretations depend on the language of the amending Act, and the principle that subsequent legislation can incorporate itself into earlier statutes applies unless explicitly stated SAFAL KELVANI MANDAL VS STATE - Gujarat.
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Publication and Defamation - Publications in the public interest, even if imputing corrupt practices, are protected from malice claims. The context, clarity of words, and the public nature of the publication are key factors in assessing liability Kokan Unnati Mitra Mandai VS Bennet Colemna & Co. Ltd. - Bombay.
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General Principles of Construction - Pleadings should be interpreted liberally to serve justice, avoiding pedantic technicalities. Clear words imputing offenses and the context are essential, and persons of good reputation are protected from unwarranted imputations Jacob VS Achukutty Abraham - Kerala.
Analysis and Conclusion:
The sources collectively highlight that in legal construction—whether of clauses, statutes, or contractual obligations—the primary focus should be on the plain language and the intent of the author or legislator. Extrinsic aids are generally discouraged unless explicitly permitted. Regarding construction activities, adherence to rules and permissions is critical, and violations do not automatically confer rights for ongoing work. In contractual and import scenarios, obligations depend on compliance with licensing and procedural requirements, with performance potentially discharged upon impossibility. Statutory amendments require careful interpretation to determine their retrospective effect. Lastly, publications and pleadings are to be interpreted in a manner that promotes justice, with protections for public interest and good reputation.
Search Results for "Imputing or Importing New Construction"
2017 0 Supreme(Ker) 899 • India - Kerala
P.N.RAVINDRAN, K.RAMAKRISHNAN
or importing new construction by the court for that purpose . ... the intention of the author of the clauses as to how this will have to be considered and no extrinsic help should be called for imputing ... Further while evaluating the same, it is for the court to consider the intention of the author of the clauses as to how this will have to be considered and no extrinsic help should be called for imputing or importing new construction by the court ....
2017 Supreme(Online)(KER) 30059 • India - High Court of Kerala
P.N.RAVINDRAN, K.RAMAKRISHNAN, JJ
Further while evaluating the same, it is for the court to consider the intention of the author of the clauses as to how this will have to be considered and no extrinsic help should be called for imputing or importing new construction by the court for that purpose. ... K.Mohandas (2009)5 SCC 313, it has been held that the true construction of a contract must depend upon the import of the words used and not upon what the parties choose to say after words. ... It is only where the intention of the legislat....
2011 0 Supreme(Ker) 319 • India - Kerala
ANTONY DOMINIC, J.CHELAMESWAR
Kerala Municipality Building Rules 1999 - Rr. 31 & 11 - Building construction - Permission of - Applicability ... - 3rd respondent is entitled to claim for the protection of the construction - Directions issued - Petition disposed of ... of Building rules in Panchayat area - To Declare that the construction activities by the 3rd respondent in relation to a residential ... ... The Supreme Court came to such a conclusion for the reason that a contrary construction would lead to a result of imputing an i....
2011 0 Supreme(Ker) 316 • India - Kerala
J.CHELAMESWAR, ANTONY DOMINIC
ILLEGAL CONSTRUCTION - Kerala Municipality Building Rules - Rule 7, Rule 11, Rule 31 - The court dismissed the writ petition filed ... against the construction of a residential complex named 'Purva Moonreach' within the territorial limits of Thrikkakara Grama Panchayat ... Fact of the Case: The appellants, residents of Thrikkakara Grama Panchayat, filed a writ petition against the construction ... ... The Supreme Court came to such a conclusion for the reason that a contrary construction would lead to a result of #HL_....
2011 Supreme(Online)(KER) 43996 • India - High Court of Kerala
J.CHELAMESWAR, CJ, ANTONY DOMINIC, J
extension of the Rules did not confer vested rights for continued construction. ... rules came into effect, and if the construction violated the Kerala Municipality Building Rules. ... Construction - Building Regulations - Kerala Municipality Building Rules, 1999 - Section 7, 11, 31 - The court examined the legality ... “Applying the said principles to an import sale it may be stated that a purchase by import involves a series of integrated activities commencing from the contract of purchase with a foreign firm and ending with the brinin....
1990 0 Supreme(Bom) 148 • India - Bombay
V.S.KOTWAL
The petitioners are a firm registered under the Partnership Act and they carry on business of manufacturing, exporting and delaing in food products and importing for their business raw materials and other goods for stock and sale. ... Bradlaugh, 1881(8) C.B.D. 63, was also quoted as: ... "There is a rule of construction that, where a statute is incorporated by reference into a second statute the repeal of the first statute by a third statute does not effect the second". ... ... With respect I am in agreement with this observation which is based on sound f....
1970 0 Supreme(Cal) 275 • India - Calcutta
S.C.Deb
In Naihati Jute Mill's case (supra) the appellants by the contract having taken upon "themselves absolutely the burden of furnishing the licence" for importing jute from Pakistan and having expressly agreeing to pay damages in default of securing the licence "the defence of impossibility of performance ... Lord Radcliffe and to some extent Lord Blackburn and Lord Sumner, approached this question by spelling out an implied term in the contract providing for its automatic discharge on the happening of an uncontemplated turn of events making it impossible for the parties to pe....
2011 0 Supreme(Bom) 1306 • India - Bombay
ROSHAN DALVI
Where publication of article imputing corrupt practices to Chief Minister by defendants, was in public interest therefore no malice ... Importing from the decision in Rex Vs. ... The publication culminates with the Architect's statement that those plots were necessary for the Plaintiffs' construction "which is described as a 600 sq. ft. ... Hence the fact that Plaintiff No.1 had also sought to apply for construction on the adjoining plots being Plot Nos.242, 243 and 244 as its own plot cannot be bypassed. ... Subhas Chan....
1983 0 Supreme(Guj) 159 • India - Gujarat
B.K.MEHTA, S.A.SHAH
That would be imputing to the amendment retrospective operation which could only be done if such retrospective operation is given by the amending Act either expressly or by necessary implication. . . . . . ... We have therefore to bear in mind the proper canon of construction where a subsequent Act amends the earlier one in such a way as to incorporate itself as a part of itself into the Act. ... The scope of the amendatory Acts has been explained in Crawfords Statutory Construction at p. 110 in paragraph 78 dealing with Repeating and Ame....
1988 0 Supreme(Ker) 305 • India - Kerala
SUKUMARAN
The pleadings however should receive a liberal construction; no pedantic approach should be adopted to defeat justice on hair splitting technicalities. ... The words imputing an offence are clear enough; the context is distinctly described; the persons to whom the slanderous words were. Uttered, are properly named. The defendant cannot possibly have any doubt about the case they had to meet. ... 28. ... Will a person enjoying a good reputation and holding a prominent position, one who had shown some amount of magnanimity and helpfulness to a needy girl, th....
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