Supreme Court Digest of Recent Cases
(2006) 5 SCC 745

Criminal Procedure Code, 1973

— Ss. 20(1), (2) & (5) — Executive Magistrate — State Govt. has first to appoint a person as Executive Magistrate and then only he can be appointed as Addl. DM or DM — Words ``as many persons'' in sub-section (1) include Commissioner of Police and as such State Govt. can appoint a Commissioner of Police in a metropolitan area as an Executive Magistrate — Reading sub-sections (1), (2) and (3) in conjunction, held, State Govt. has power to appoint the Commissioner of Police of Brihan Mumbai, which is a metropolitan area, as an Executive Magistrate and further appoint him as an Addl. DM, who shall have powers of a DM for the purposes of Ss. 18 and 20 of Immoral Traffic (Prevention) Act, (2006) 5 SCC 745-A

Interpretation of Statutes

Basic Rules

— Literal construction — Plain meaning — Court cannot enlarge scope of legislation or intention when language of the statute is plain and unambiguous, (2006) 5 SCC 745-B

Interpretation of Statutes

Basic Rules

— Purposive construction — Ambiguity to be resolved consistent with purpose of the provision, (2006) 5 SCC 745-C

Interpretation of Statutes

Subsidiary rules

— Redundancy — Court should avoid a construction, which would reduce the legislation to futility, (2006) 5 SCC 745-D

Interpretation of Statutes

Basic Rules

— Narrow construction, (2006) 5 SCC 745-E



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