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Report No. 60

12.25. Supreme Court's approach.-

The Supreme Court had occasion to consider1 the question whether the provisions of section 38 of the (English) Interpretation Act, corresponding to section 8 of the General Clauses Act, could be applied to construe a Charter constituting a High Court. Marajan J. (as he then was) observed:-

"Assuming, however, but not conceding that strictly speaking the provisions of the Interpretation Act and the General Clauses Act do not, for any reason apply, we see no justification for holding that the principles of construction enunciated in these provisions have no application for construing these charters."

1. N.S. Thread Co. v. James Chaick, AIR 1953 SC 357 (360).

General Clauses Act, 1897 Back

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