AFCONS INFRASTRUCTURE LTD & Anr. v. CHERIAN VARKEY CONSTRUCTION CQ. (P) LTD & Ors.
Case at a glance
Outcome
Allowed
Consequently, this appeal is allowed and the order of
Provisions considered
Judgment
Shri Mandir Sita Ramji v. Lt. Governor of Delhi (1975) 4 G sec 298, relied on.
2.2. Where the words used in the statutory provision are vague and ambiguous or where the plain and normal meaning of its words or grammatical construction thereof lead to confusion, absurdity, repugnancy with other H 1060 SUPREME COURT REPORTS (2010] 8 S.C.R. B A provisions, the courts may, instead of adopting the plain and grammatical construction, use the interpretative tools to set right the situation, by adding or omitting or substituting the words in the Statute. When faced with an apparently defective provision in a statute, courts prefer to assume that the draftsman had committed a mistake rather than concluding that the legislature has deliberately introduced an absurd or irrational statutory provision. Departure from the literal rule of plain and straight reading can however be only in exceptional c cases, where the anomalies make the literal compliance of a provision impossible, or absurd or so impractical as to defeat the very object of the provision. [Para 13] [1080- H; 1081-A-C]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, this appeal is allowed and the order of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — ss. 89, 89(1); Arbitration and Conciliation Act, 1996 — s. 73(1); Legal Services Authorities Act, 1987 — s. 21; Code of Civil Procedure, 1908 — O. 23 r. 3; Legal Services Authorities Act; Legal Services Authority Act, 1987 — s. 20.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.