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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Methods and Court System in India

Two sections of an Act appear to conflict: Section X gives a tribunal power to grant interim relief, while Section Y bars any interim relief once an appeal is filed. The court interprets both so that each has effect and neither makes the other useless. Which rule of interpretation is being applied?

The court is applying harmonious construction. When provisions of one Act seem to conflict, the court reads them together in a way that gives effect to both and avoids making either section meaningless or redundant.

  1. AHarmonious constructionCorrect
  2. BLiteral rule
  3. CMischief rule
  4. DNoscitur a sociis

Explanation

Harmonious construction applies when provisions of the same statute seem to conflict; the court reads them together so that each is given effect and none is rendered redundant. The literal rule would simply follow words of one section, and the mischief rule studies the defect in earlier law. Noscitur a sociis explains a word by its neighbouring words, not conflicts between sections.

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