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Sunday 18 October 2015

Purposive construction

a)In some cases it becomes necessary for courts to fill in gaps as parliament choses to leave in  enactments- Lord Doe Parco in Cutler vs Wandworth Stadium [1949] 1All ER544

b)In Guiseppi v Walling 60 Harvard Review 372 LJ Frank- ineptness of drafting impels the courts to fill in gaps -an activity which no matter one may interpret is in part legislative

c)SC in Director of Enforcement vs Deepak Mahajan & Another AIR  1994 SC 1775 approved above decision

d) Heydon’s Case explained by SC in Bengal Immunity Co.AIR 1955 SC 661

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