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Report No. 60

12.24. Principles of the Act supplied to subordinate legislation.-

While the courts have refused to apply the General Clauses Act to subordinate legislation,-in terms, they have resorted to the principles of the Act in construing such legislation. The Madras High Court expressed itself1 in favour of the view that on principles of justice, equity and good conscience, courts have to apply the principles underlying the provisions of General Clauses Act to the construction of statutory rules. In a Calcutta case,2 a similar view was taken.

1. Chockalingam (in re:), AIR 1945 Mad 521.

2. Benaori Lal v. Emperor, AIR 1943 Cal 285.

General Clauses Act, 1897 Back

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