10 May 2021

Search Results for Tag : Interpretation


CESTAT: Department's proclivity to raising purely interpretational disagreement(29.07.2015)

The CESTAT held that since no licence fee was payable nor was paid by customers to Oracle India (nor was any payable or paid by Oracle India to Oracle.....

Tags : customs, mens rea, non-commercial, interpretation


When a legislative intent is clear from the language of provision, Court should give effect to it(24.09.2018)

The background facts of the case are that, the Respondent filed a Civil Suit for possession by enforcement of the right of prior purchase against the .....

Tags : Prior purchase, Right, Statute, Interpretation


While construing a contract of insurance, it is not permissible for a Court to substitute the terms of the contract(24.04.2020)

The present appeals arise from a judgment of the National Commission which in first appeal upheld the judgment of the State Commission. The SCDRC held.....

Tags : Insurance policy, Terms, Interpretation, Legality


Certificate required under Section 65B(4) of Evidence Act is a condition precedent to the admissibility of evidence by way of electronic record(14.07.2020)

Present Civil Appeals have been referred to a Bench of three honourable Judges of this Court by a Division Bench reference dealing with the interpreta.....

Tags : Admissibility, Evidence, Provision, Interpretation


Bar under Section 10A of IBC against initiation of CIRP is retrospective and is applicable to applications filed from 25th March, 2020(09.02.2021)

The appellate jurisdiction of present Court under Section 62 of the Insolvency and Bankruptcy Code, 2016 ("IBC") has been invoked to challenge the jud.....

Tags : Initiation, CIRP, Interpretation, Provision



Supreme Court: Courts Can Imply Term in Contract Only if Literal Interpretation Fails to Give Result(04.07.2019)

Supreme Court has ruled that an unexpressed term can be implied if and only if the Court finds that the parties must have intended that term to form p.....

Tags : Supreme Court, Literal Interpretation


SC: Tax Authorities Can't Give Their Own Interpretations on Perception of Trade Practices(04.05.2020)

Supreme Court has observed that tax Administration Authorities cannot give their own interpretation to legislative provisions on the basis of their ow.....

Tags : Supreme Court, Interpretations on Perception of Trade Practices


International Cases

When order is ambiguous, a sensible interpretation of the order is to be preferred instead of an impractical approach(02.10.2020)

The matter concerned the interpretation of a Court order regarding security and the release of the MV ‘Unity’ from arrest. On 23 December 2016, the Kw.....

Tags : Court’s order, Compliance, Interpretation


Trustees are not empowered to adopt an index other than RPI unless RPI had been discontinued as an officially published index and replaced(07.11.2018)

Present appeal raises a question of interpretation of a clause in a pension scheme trust deed which defines the phrase “Retail Prices Index” and which.....

Tags : Pension scheme, Clause, Interpretation


For an arrest to be effected in terms of Section 5(1)(b) of Extradition Act, 1962, it was not necessary for the Minister to issue a notice in terms of Section 5(1)(a) of Act(10.02.2021)

The core issue for determination in present appeal is whether a provisional arrest under Section 5(1)(b) of the Extradition Act, 1962 had lapsed, for .....

Tags : Extradition, Interpretation, Article


Unless Defendants have the statutory defence, they have committed an offence(03.08.2017)

Present is an interlocutory appeal in a criminal case which concerns the correct construction of Section 92(1) of the Trade Marks Act, 1994. The Appel.....

Tags : Infringement, Provision, Interpretation


Blast from the Past

Giving a constitutional enactment the widest possible meaning(01.11.1954)

It seems prerequisite that any case seeking to send aftershocks into the legal system should have the word Mafatlal in it. Certainly, Mr. Mafatlal her.....

Tags : Income, constitution, interpretation, widest, natural meaning