AIR 2013 SUPREME COURT 30 ::2012 AIR SCW 6157 ::(2012) 11 Scale 30 ::AIR 2013 SC (Civ) 355 ::(2013) 2 All WC 1245 ::(2013) 1 ServLR 744

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 @page-SC31 be within the purview of such enactment. Thus, its purpose is to exclude something 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 wit....