Harmonious interpretation
Harmonious interpretation legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Statutes are interpreted harmoniously and no provision of law can be interpreted in a manner that would make it contradictory to another provision of the same law or make another provision ineffective.
If one construction leads to a conflict, and on another construction , two Acts can be harmoniously constructed, then the later must be adopted
Act containing non-obstante clause has to be given prevalence
If two Acts contain non-obstante clause, then later prevails.
Statute cannot be read in isolation and Courts have to protect Constitutionality of statutes on the principle of interpretation of statues.
Every provision of law must be construed in harmony with other provisions of law so as to avoid any conflict.
Courts must avoid head on clash of seemingly contradicting provisions of law and must harmonize such provisions by interpreting not only provisions but also wisdom of Legislature in order to give effect to both provisions
In case of any conflict of any two provisions of law, courts must have to follow harmonious interpretation and not attribute redundancy to any provision of law rather both conflicting provisions of law are to be harmonized.
If there are two consistent, rationale/interpretations court was not to adopt such construction which may lead to some absurdity
Fiscal provision of a statute is to be construed liberally in favour of taxpayer and in case of any substantial doubt same is to be resolved in favour of taxpayer
If language used in statute is capable of two constructions, one which is consistent with good sense and fairness and other which would make its operation unduly oppressive, unjust or unreasonable or which may lead to strange, inconsistent results or otherwise introduce element of bewildering, uncertainty and practical inconvenience un-working of statute, court is to choose former
When State is inclined to give some benefit to a taxpayer, terms of provisions of policy should be interpreted in a liberal manner and with an intention to see that purpose for which policy is framed has been fulfilled and beneficiary is helped
Interpretation must not be such which may frustrate object of policy.
Statute must be harmoniously interpreted only where there was a conflict between its provisions.
"Harmonious interpretation", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124959380
Precedents & Case Laws citing "Harmonious interpretation"
2017 P T D 381
COLLECTOR OF CUSTOMS, CUSTOM HOUSE, KARACHI Versus Syed REHAN AHMED
Court: Supreme Court of Pakistan2017 S C M R 152
COLLECTOR OF CUSTOMS, CUSTOMS HOUSE, KARACHI — Appellant Versus Syed REHAN AHMED — Respondent
Court: Supreme Court of Pakistan1995 C L C 1511
Mst. SHAZIA ANJUM‑‑‑Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Health and 3 others‑‑‑Respondents
Court: Lahore2023 C L D 1072
SAMSON GROUP OF COMPANIES — Petitioner Versus PUBLIC PRIVATE PARTNERSHIP and others — Respondents
Court: Peshawar (Abbottabad Bench)2023 C L C 1699
SAMSON GROUP OF COMPANIES — Petitioner Versus PUBLIC PRIVATE PARTNESHIP and others — Respondents
Court: Peshawar (Abbottabad Bench)1999 P T D 1935
COMMISSIONER OF INCOME-TAX Versus NIRMALA BAKUBHAI FOUNDATION
Court: 226 I T R 3942024 P T D 772
COMMISSIONER INLAND REVENUE Versus Messrs RIAZ BOTTLERS (PVT.) LTD. (Now Lotte Akhtar Beverages (Pvt.) Ltd.)
Court: Supreme Court of Pakistan2024 P L C 183
COMMISSIONER INLAND REVENUE Versus Messrs RIAZ BOTTLERS (PVT.) LTD. (Now Lotte Akhtar Beverages (Pvt.) Ltd.)
Court: Supreme Court of Pakistan2024 S C M R 684
COMMISSIONER INLAND REVENUE — Petitioner Versus Messrs RIAZ BOTTLERS (PVT.) LTD. (Now Lotte Akhtar Beverages (Pvt.) Ltd.) — Respondent
Court: Supreme Court of Pakistan1987 P Cr
MUHAMMAD KHAN‑‑Appellant Versus THE STATE‑‑Respondent
Court: Lahore