AIR 2005 SUPREME COURT 4459 ::2005 AIR SCW 5338 ::2005 ALL. L. J. 3490 ::(2005) 2 WLC(SC)CVL 470 ::2005 (7) SCC 484 ::(2005) 6 Scale 632 ::2006 (62) All LR 19 SOC ::(2006) 62 All LR 19 ::2005 (4) All WC 3645 ::2005 (2) CTLJ 115 ::(2005) 5 CTC 571 (SC) ::2005 (5) CTC 571 ::2006 (1) MadLW 220 ::2005 (6) SLT 539 ::2005 (5) Supreme 754 ::(2005) 36 AllIndCas 163 (SC) ::2005 (36) AllIndCas 163 ::(2006) 1 EFR 292 ::(2005) 7 JT 545 (SC) ::2005 (8) SRJ 276

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): Arijit Pasayat, H. K. Sema , JJ

(A) Interpretation of statute - Legislative casus omissus - Cannot be supplied by judicial interpretative process - Except in case of clear necessity and when reason for it is found in the statute itself. 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 be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular provision makes a consistent enactment of the whole statute. This would be more so if literal construction of a particular clause leads to manifestly absurd or anomalous results which could not have been intended by the Legislature.(Para 10) (B) Constitution of India , Art.14— Public Sector undertakings - Grant of largesse - Retail dealership of Indian Oil Corporation Ltd. - Eligibility criteria - Close relatives of existing dealer excluded - Adve....