Harmonious construction Archives

‘Grant of Parole not to be treated as Suspension of Sentence’; Gujarat HC Grants 15 days Parole to Life Convict in 2002 Godhra Riots

The Court applied the doctrine of harmonious construction and observed that granting of parole would not amount to any intervention in pending proceedings before Supreme Court under Section 389 of CrPC

Case Briefs High Courts

[Harmonious Construction] Section 529A of Companies Act, 1956 would prevail over Income Tax Act, 1961: Madhya Pradesh High Court

“…the Act of 1956 is a special Act which govern the law regarding companies only whereas IT Act is a general Act which percolates in just about every sphere of life and is applicable to all the citizen of India when it comes to payment of Income Tax.”

Case Briefs High Courts

Madras High Court| Notification permanently banning sale of tobacco and its products is beyond the scope of powers of Food safety Commissioner

The Commissioner, Food Safety, by issuing successive notifications under Section 30(2)(a) cannot impose an almost permanent ban on a food product, as it is not contemplated by law and if allowed, will amount to doing violence to the provisions.