2012 AIR SCW 6157 ::(2013) 136 FacLR 92 ::2013 (11) SCC 451 ::2012 (11) Scale 30 ::2013 (2) ServLJ 16 SC ::2013 (1) ServLJ 25 SC ::(2013) 1 ADJ 52 (SC) ::2013 (1) ADJ 52 NOC ::2013 (96) All LR 825 ::2013 (2) All WC 1245 ::AIR 2013 SC (Civil) 355 ::(2013) 1 ESC 6 ::2012 (5) Lab LN 83 ::2013 (1) KCCR 19 SN ::2012 (4) Ker LT 134 SN ::(2012) 4 Ker LT 134 ::2013 (1) Serv LR 744 ::2013 (1) AndhLD 135 ::(2013) 121 AllIndCas 163 (SC)

Supreme Court Of India

(From : Jammu and Kashmir)

Hon'ble Judge(s): B. S. Chauhan, F. M. Ibrahim Kalifulla , JJ

(A) Interpretation of Statutes - Contemporanea expositio - Applicability - Administrative interpretation of rule - Provides guidelines for interpretation - Except where it is in violation of rule. (Para 14) (B) Interpretation of Statutes - Proviso - Function - It qualifies something provided in main provision - Cannot be interpreted in manner that nullifies main provision. The normal function of a proviso is generally, to provide for an exception i.e. exception of something that is outside the ambit of the usual intention of the enactment, or to qualify something enacted therein, which, but for the proviso would be within the purview of such enactment. Thus, its purpose is to exclude something @page-SCW6158 which would otherwise fall squarely within the general language of the main enactment. Usually, a proviso cannot be interpreted as a general rule that has been provided for. Nor it can be interpreted in a manner that would nullify the enactment, or take away in entirety, a right that has been conferred by the statute. In case, the language of the main enactment is clear and unambiguous, a proviso can have no repercussion on the interpretation of the main enactment, so as to exclude by implication, what clearly falls ....