AIR 2002 SUPREME COURT 1334 ::2002 AIR SCW 1156 ::(2002) 1 ACC 239 ::2001 LabLR 1232 ::(2002) 176 CurTaxRep 104 ::(2002) 2 CivLJ 624 ::(2002) 1 LabLJ 28 ::2002 (3) SCC 533 ::(2002) 2 RecCivR 373 ::(2002) 2 Scale 580 ::2002 (2) LACC 7 ::(2001) 3 TAC 780 ::2002 (2) CurCC 1 ::(2002) 2 All WC 1163 ::2003 (1) Andh WR 543 ::2002 (2) ICC 361 ::2002 (3) MadLW 427 ::(2001) 3 Ker LT 428 ::(2002) 3 Lab LN 632 ::2002 (3) RajLW 353 ::(2002) 1 SCT 123 ::(2002) 2 SCJ 401 ::2002 (3) LandLR 89 ::(2002) 2 UPLBEC 1189 ::2002 (1) UC 726 ::(2002) 3 AndhLD 12 ::2002 (170) Taxation 303 ::2002 (2) SLT 483 ::2002 (2) Supreme 359 ::2002 (3) AndhLT 27 ::2002 (255) ITR 147 ::(2002) 3 JT 1 (SC) ::2002 (4) SRJ 213

Supreme Court Of India

(From : 1996 AIHC 4382 (Madras) Chennai)

Hon'ble Judge(s): S. P. Bharucha, R. C. Lahoti, N. Santosh Hegde, Ruma Pal, Arijit Pasayat , JJJ

(A) Precedents - Reliance on decisions - Cannot be placed without discussing fact situation of decision relied on. Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. There is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases.(Para 8A) (B) Construction of statute qua pleas regarding re-writing of statute and casus omissus - Court only interprets law and cannot legislate it. 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 b....