Bharat Sher Singh Kalsia vs State of Bihar 2024 INSC 77 – S 482 CrPC – Contract

Code of Criminal Procedure,1973; Section 482 – In the appropriate case, protection is to be accorded against unwanted criminal prosecution and from the prospect of unnecessary trial – Priyanka Mishra v State of Madhya Pradesh, 2023 SCC OnLine SC 978 and Vishnu Kumar Shukla v State of Uttar Pradesh, 2023 SCC OnLine SC 1582. (Para 35)

Contract Law – If in a deed an earlier clause is followed by a later clause which destroys altogether the obligation created by the earlier clause, the later clause is to be rejected as repugnant and the earlier clause prevails. In this case the two clauses cannot be reconciled and the earlier provision in the deed prevails over the later. Thus, if A covenants to pay 100 and the deed subsequently provides that he shall not be liable under his covenant, that later provision is to be rejected as repugnant and void, for it altogether destroys the covenant. But if the later clause does not destroy but only qualifies the earlier, then the two are to be read together and effect is to be given to the intention of the parties as disclosed by the deed as a whole – Forbes v Git, [1922] 1 AC 2564 – Radha Sundar Dutta v Mohd. Jahadur Rahim, AIR 1959 SC 24.

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