29 April 2020

The Court cannot go behind the language of the statute so as to add or subtract a word

court-not-to-go-behind-words-of-law


   The court cannot proceed with an assumption that the legislature enacting the statute has committed a mistake and where the language of the statute is plain and unambiguous, the court cannot go behind the language of the statute so as to add or subtract a word playing the role of a political reformer or of a wise counsel to the legislature. The court has to proceed on the footing that the legislature intended what it has said and even if there is some defect in the phraseology, etc., it is for others than the court to remedy that defect. The statute requires to be interpreted without doing any violence to the language used therein. The court cannot rewrite, recast or reframe the legislation for the reason that it has no power to legislate. [Para No.43] 


Supreme Court



Commissioner Of Central Excise, Nagpur

Vs.
M/S Universal Ferro & Allied Chemicals Ltd.


Decided on 06/03/2020


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