...is that the word ‘or’ is disjunctive and is normally conjunctive. The reading of word ‘or’ as ‘and’ is not be resorted to, unless some other part of the same Statute or ...reading without resorting any external aid. Shri S.D Singh, learned counsel for the dealer, on the other hand, submits that the very purpose and object of issuing notification is to grant exemption to...Singh Bindra v. State of U.P, AIR 1968 SC 1450 wherein the Apex Court has considered the “Maxwell on Interpretation of Statutes”, 11th Edition. On a fair reading of the aforesaid pron...

...settled principle of interpretation that even though the word or is normally disjunctive and the word and is normally conjunctive in a statute, but, at times, they may be read and construed interchangeably...Legislature and/or each Legislature in a bicameral system, conjunctive. 6. Relying on the judgment of the Supreme Court in...statute requires a thing to be done in a particular manner, it is to be done in that manner or not at all. Other methods of performance are necessarily forbidden. The aforesaid rule as enunciated a...

...), as to whether the use of the word shall in the statute may be directory or not, would depend upon the facts of a given case, conjunctive reading of ...Court of Madhya Pradesh & another [(2010) 11 SCC 500], it was held that the use of the words shall and may not always be decisive; it would depend upon facts of the case, conjunctive ...would not necessarily mean that it is mandatory. It will always depend upon the facts of a given case, the conjunctive reading of the relevant provisions along with other provisions ...

....20. As regards the interpretation of Statute 37 (1), the submission of learned counsel for the Appellant would require us to read the conjunctive “and” as a disju...the present case the literal reading of the Statute does not produce any absurd result nor has it caused any ambiguity.21. Resolution No. 45 dated 30th April, 1999 is not relevant...question that was seriously agitated was with regard to the interpretation of Statute 37 of the University made under the...

...conjunctive. The reading of "or" as "and" is not to be resorted to unless one is obliged or some other part of the statute or the clear intent.... In the present case the intention of the legislature is crystal clear. Reading the word "and" as "or" would lead to an absurd result that will defeat ...reading of Section 86(1)(e) does not show that the expression 'co-generation' means cogeneration from renewable sources alone. The meaning of the term 'co- generation' has to be...

...the statute, the end result is neither arbitrary, irrational or contrary to the object of the statute, then it is the duty of the Court to give effect to ...” as “and” is not to be resorted to unless some other part of the same statute or the.... The well-established principle in law is that so long as any power is traceable to the statute concerned, the mere omissions or error in reciting the correct provision of law does not denude ...

...given to the words in the statute, the end result is neither arbitrary, irrational or contrary to the object of the statute, then it is the duty of the..." as "and" is not to be resorted to unless some other part of the same statute or the clear intention of it...is that so long as any power is traceable to the statute concerned, the mere omissions or error in reciting the correct provision of law does not denude the power of the authorit...

...offence." 5. From the bare reading of the aforesaid provision, it clearly transpires that when any property is produced before any criminal court during the course ..., sub-section (2) of Section 98 is in two parts. The first part upto the conjunctive word "but", states about the 6...starting with the conjunctive word "but" is perceived to be an embargo against release of the conveyance used for carrying the article liable to be confiscated if the quantity of ...

...contained in Section 529 of the said Act also deal with the distribution of assets as well as provides the conjunctive reading of itself along with Section 529-A and Section 530....the surplus, if any, to the company.”8. Consequent upon a bare simple reading of Sub-section (19) of Section 19 of the present Act, it shall appear distinct that Section 52...D.C Thakur, Presiding Officer:— This Tribunal has heard, at the mentioning stage, the different Counsels, appearing for the different parties, out of which are the Porbandar Cement Workers...

...the P.W.D.V. Act is conjunctive or disjunctive. Learned counsel for the petitioner tried to impress upon this Court that the said word has been used in the statute to denote conjunctive b... Appellate Side Present : THE HON'BLE JUSTICE SANKAR ACHARYYA C.R.R. No. 1012 of...2015 In the matter of : Shahira Khatoon Mullick...

...been provided that “and employee of the Municipal Council having at least 5 years experience of the respective post.”19. Here the word “and” has been used and not “or”. W...interpretation of the statute is not a mechanical one. It is more than mere reading of mathematical formula. It is an attempt to discover the intention of the legislature from ...that purposeful meaning has to be given to each and every word used in the statute and the Court must adopt the principle of harmonious construction. The Supreme Court in the case ...

...’ by applying the principle of reading down. Mr. Justice G.P Singh in his text nomenclatured interpretation of statute has at page 485, enunciated that the word ‘or’ is normally disjunctive and ‘a...conjoined with the succeeding words ‘earn good reports’ by conjunctive ‘and’, hence its plain reading conveying the imperativeness of its possession or holding by each of the aspirants, e...altering its plain communication, on, its literal reading.16. Consequently, in the instant case, too, the combined and conjunctive possession of both ingredients of the el...

...on both counts. 20. As regards the interpretation of Statute 37 (1), the submission of learned counsel for the Appellant would require us to read the ...interfered with if it makes W.P.(C) 13219/2018 and connected matter Page 12 sense, and in the present case the literal reading of the Statute does not produce any absurd result nor has it caused a...not from the date of joining. The petitioner having been promoted from October 16, 2003, i.e., the date of eligibility, his seniority must relate back to the said date. Even under Statute...

...the security of the State”. The satisfaction of the District Magistrate was on the disjunctive and not conjunctive grounds, which means that he was not certain whether he had rea..., no doubt, have used the conjunctive “and” and not the disjunctive “or” in his order. But as the order stands, it would appear that he was either not certain whether the alleged activities of ...) of sub-section (2) of Section 3 of that Act. At p. 592 of the report, the majority, however, observed that if a statute mentioned different grounds for detention of a person, a...

...“or” is normally disjunctive and “and” is normally conjunctive. See Principles of Interpretation of Statute by Justice G.P. Singh (page 477 12th Edition). Thus, a conjoint reading of...that a conjoint reading of section 7, 7-A and section 10 makes it clear that the impugned order is in consonance with the scheme of...be referred for adjudication which are covered under II or III Schedule under the ID Act. I do not see any merit in the said contention. A careful reading of clause (d) shows that it talks about...

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...disjunction between creation of tenancy and its continuance, as contradistinguished from the conjunctive word 'and' . Lord Halsbury in MERSEY DOCKS AND HARBOUR BOARD vs. HENDERSON BROS...clear intention of it requires that to be done". Even otherwise, reading 'or' as 'and' or vice versa is done ordinarily to give effect to the manifest intention of the...class may be regarded as silently excluding all other members of the class: expressum facit cessare tacitum. Further, where a statute uses two...

...reason of the said amendment.7. The said Act is a disqualifying statute. A plain reading of the amended provision clearly shows that it was intended by ...by a statute and, thus, can be taken away by a statute. It is now well settled that when a literal reading of the provision giving retrospective effect does not produce absurdity or anomaly, the s...retrospective construction is not a rigid rule. It does not apply to a curative or a clarificatory statute. If from a perusal of the statute, intendment of the legislature is clear, the c...

...violence to the plain language of Section 24(2) but it also reduces the deeming provision down to vanishing point. Should a conjunctive reading of the conditions be combined with exclusio...the word “or” should be read as conjunctive or disjunctive in Section 24(2) of the 2013 Act?4.1. (3) What is the true effect of the proviso, ...interpretation of the term “or” would be that it ought to be construed as a conjunctive word.25. The learned counsel next submitted that the expression “paid” should be...

...Court has repeatedly laid down that in the garb of reading down a provision it is not open to read words and expressions not found in the provision/statute and thus venture into a kind of judicial...the Cenvat credit has been wrongly taken, as such availment by itself does not create any liability of payment of excise duty. The High Court further held that on a conjoint reading of Section 11-....15. In order to appreciate the findings recorded by the High Court by way of reading down the provision of Rule 14, we deem it appropriate to extract the said...