Interpretation Of Statutes

Union Of India vs Indian Oil Corporation Ltd. 2024 INSC 243 – S 106(3) Railways Act – Distinction Between Overcharge & Illegal Charge

Railways Act, 1989; Section 106(3) – There exists a very fine & clear distinction between an overcharge and an illegal charge, and that Section 106 sub-section (3) of the Act, 1989 only applies when the claim is for a refund of an overcharge, for all other charges, be it illegal or not, the said provision …

Union Of India vs Indian Oil Corporation Ltd. 2024 INSC 243 – S 106(3) Railways Act – Distinction Between Overcharge & Illegal Charge Read More »

Rakesh Ranjan Shrivastava vs State Of Jharkhand 2024 INSC 205 :: [2024] 3 S.C.R. 438 – S 143A NI Act – Interim Compensation

Negotiable Instruments Act, 1881; Section 143A – Grant of interim compensation – Considering the drastic consequences of exercising the power under Section 143A and that also before the finding of the guilt is recorded in the trial, the word “may” used in the provision cannot be construed as “shall”. The provision will have to be …

Rakesh Ranjan Shrivastava vs State Of Jharkhand 2024 INSC 205 :: [2024] 3 S.C.R. 438 – S 143A NI Act – Interim Compensation Read More »

Ram Nath vs State Of Uttar Pradesh 2024 INSC 138 :: [2024] 2 S.C.R. 743 – S 59 FSSA Overrides Ss 272,273 IPC

Food Safety and Standards Act, 2006; Section 89,59 – Indian Penal Code, 1860; Section 272,273 – Section 89 of the FSSA, Section 59 will override the provisions of Sections 272 and 273 of the IPC. (Para 21) Interpretation Of Statutes- If the main Section is unambiguous, the aid of the title of the Section or …

Ram Nath vs State Of Uttar Pradesh 2024 INSC 138 :: [2024] 2 S.C.R. 743 – S 59 FSSA Overrides Ss 272,273 IPC Read More »

Jaipur Vidyut Vitran Nigam Ltd. vs MB Power (Madhya Pradesh) Limited 2024 INSC 23 – Electricity Act – Article 226 – Writ Jurisdiction In Contractual Matters – Interpretation Of Statutes

Constitution of India, 1950; Article 226 – When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution of India – Availability of an alternate …

Jaipur Vidyut Vitran Nigam Ltd. vs MB Power (Madhya Pradesh) Limited 2024 INSC 23 – Electricity Act – Article 226 – Writ Jurisdiction In Contractual Matters – Interpretation Of Statutes Read More »