Case: Sangeeta Singh Vs. Union Of India

Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". (See Lenigh Valley Coal Co. vs. Yensavage 218 FR 547). The view was re-iterated in Union of India and others vs. Filip Tiago De Gama of Vedem Vasco De Gama (AIR 1990 SC 981 ). 8. In D.R. Venkatchalam and others etc. vs. Dy. Transport Commissioner and others etc. (AIR 1977 SC 842 ), it was observed that Courts must avoid the danger of a priori determination of the meaning of a provision based on their own pre-conceived notions of ideological structure or scheme into which the provision to be interpreted is somewhat fitted. They are not entitled to usurp legislative function under the disguise of interpretation. 9. While interpreting a provision the Court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. (See Commissioner of Sales Tax, M.P. vs. Popular Trading Company, Ujjain (2000 (5) SCC 511 ). The legislative casus omissus cannot be supplied by judicial interpretative process. 10. Two principles of construction - one relating to casus omissus and the other in regard to reading the statute as a whole - appear to be well settled. Under the first principle a casus omissus cannot be supplied by the Court except in the case of clear necessity and when reason for it is found in the four corners of the statute itself but at the same time a casus omissus should not be readily inferred and for that purpose all the parts of a statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular provision makes a consistent enactment of the whole statute. This would be more so if literal construction of a particular clause leads to manifestly absurd or anomalous results which could not have been intended by the Legislature. "An intention to produce an unreasonable result", said Danackwerts, L.J. in Artemiou vs. Procopiou (1966 1 QB 878), "is not to be imputed to a statute if there is some other construction available". Where to apply words literally would "defeat the obvious intention of the legislature and produce a wholly unreasonable result" we must "do some violence to the words" and so achieve that obvious intention and produce a rational construction. (Per Lord Reid in Luke vs. IRC (1963 AC 557) where at p.577 he also observed: "this is not a new problem, though our standards of drafting is such that it rarely emerges". 11. It is then true that, "when the words of a law extend not to an inconvenience rarely happening, but due to those which often happen, it is good reason not to strain the words further than they reach, by saying it is casus omissus, and that the law intended quae frequentius accidunt". "But", on the other hand, "it is no reason, when the words of a law do enough extend to an inconvenience seldom happening, that they should not extend to it as well as if it happened more frequently, because it happens but seldom" (See Fenton vs. Hampton (1858) XI Moore, P.C. 347. A casus omissus ought not to be created by interpretation, save in some case of strong necessity. Where, however, a casus omissus does really occur, either through the inadvertence of the legislature, or on the principle quod semel aut bis existit proetereunt legislators, the rule is that the particular case, thus left unprovided for, must be disposed of according to the law as it existed before such statute - Casus omissus et oblivioni datus dispositioni communis juris relinquitur; "a casus omissus", observed Buller, J. in Jones vs. Smart (1 T.R. 52), "can in no case be supplied by a court of law, for that would be to make laws." The principles were examined in detail in Maulavi Hussein Haji Abraham Umarji vs. State of Gujarat and another, (JT 2004(6) SC 227 ). 12. The golden rule for construing all written instruments has been thus stated: "The grammatical and ordinary sense of the words is to be adhered to unless than would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further" (See Grey vs. Pearson (1857 (6) H.L. Cas. 61). The latter part of this "golden rule" must, however, be applied with much caution, "if", remarked Jervis, C.J., "the precise words used are plain and unambiguous in our judgment, we are bound to construe them in their ordinary sense, even though it lead, in our view of the case, to an absurdity or manifest injustice. Words may be modified or varied where their import is doubtful or obscure. But we assume the functions of legislators when we depart from the ordinary meaning of the precise words used, merely because we see, or fancy we see, an absurdity or manifest injustice from an adherence to their literal meaning" (See Abley vs. Dale 11, C.B. 378). 13. In the aforesaid background the High Courts judgment cannot be maintained and is set aside. However, writ petitioner in writ petition no. 24966/2000 has taken the plea that other grounds were highlighted in the writ petition to show as to how the selected person was ineligible. The High Court has not dealt with any other issue and has disposed of only on the ground that the father-in-law was holding dealership, thereby rendering daughter-in-law ineligible. 14. We, therefore, remit the matter to the High Court for consideration of other issues raised. We make it clear that we have not expressed any opinion on any other issue then those indicated above.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]5. It is well settled principle in law that the Court cannot read anything into a statutory provision or a stipulated condition which is a plain and unambiguous. A statute is an edict of the Legislature. The language employed in a statute is the determinative factor of legislative intent. Similar is the position for conditions stipulated in advertisements9. While interpreting a provision the Court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemede legislative casus omissus cannot be supplied by judicial interpretative process12. The golden rule for construing all written instruments has been thus stated: "The grammatical and ordinary sense of the words is to be adhered to unless than would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further" (SeeGrey vs. Pearson (1857 (6) H.L. Cas.61). The latter part of this "golden rule" must, however, be applied with much caution, "if", remarked Jervis, C.J., "the precise words used are plain and unambiguous in our judgment, we are bound to construe them in their ordinary sense, even though it lead, in our view of the case, to an absurdity or manifest injustice. Words may be modified or varied where their import is doubtful or obscure. But we assume the functions of legislators when we depart from the ordinary meaning of the precise words used, merely because we see, or fancy we see, an absurdity or manifest injustice from an adherence to their literal meaning"13. In the aforesaid background the High Courts judgment cannot be maintained and is set aside. However, writ petitioner in writ petition no. 24966/2000 has taken the plea that other grounds were highlighted in the writ petition to show as to how the selected person was ineligible. The High Court has not dealt with any other issue and has disposed of only on the ground that the father-in-law was holding dealership, thereby rendering daughter-in-law ineligible14. We, therefore, remit the matter to the High Court for consideration of other issues raised. We make it clear that we have not expressed any opinion on any other issue then those indicated above.