interpretation of a statute

IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.M.C. No. 1379/99
Date of Decision: 15-11-2006 Shri Ashwani Kumar Julka Versus Lt. Col. Parthojit Choudhary (Retd.)

It is now well settled rule of construction that where the plain literal interpretation of a statutory provision produces a manifestly absurd and unjust result, which could never have been intended by the legislature, the Court may modify the languageused by the legislature, or even “do some violence” to it, so as to achieve the obvious intention of the legislature, the Court may modify the language used by the legislature and produce a rational construction (vide Luke v. Inland Revenue Commissioner, 1963 AC 557). The Court may also in such a case
read into the statutory provision a condition which though not expressed, is
implicit as constituting the basic assumption underlying the statutory provision.