June 12, 2013
Strange SC Case: If law makers forget to put "," a comma, it takes many years to Courts to read "," in law :-
It is job of Law makers to make laws. Courts cannot even put a "," comma, if there is no such comma in law.
But courts have power to ease out creases of provisions of law so that it makes sense.
A strange case came up before Supreme Court.
In certain octroi laws, there was no comma between words Gorg and Minerals.
The absence of comma, made difference of crores or Lakhs of rupees about the payable rate of octroi.
So company first went to High Court.
It said that it was liable to pay less octroi. There was nothing like "Gorg Mineral" as mentioned in law..
The words 'Gorg' and 'Minerals' should have been separated by a comma.
Due to printing mistake, the law makers have forgotten to print comma.
Matters was heard for days and years in High Court.
Then it was heard in Supreme Court. The Supreme Court allowed appeal and held that there was no such thing as "Gorg Minerals". The law makers appeared to have forgotten comma.
Since Appeal was allowed, Supreme Court directed Municipality to refund excess amount of octroi with 15% interest to company.
Gujarat Composites Ltd Vs Ranip Nagar Palika 1999 (7) SCALE 19
Haresh Raichura
12/6/13 21:26