Law: Essential Supplies (Temporary Powers) Act, 1946

Section: 7

(a) Essential Supplies (Temporary Powers) Act (XXIV of 1946), S. 7-Provides punishment not only for an order actually made under S. 3 but also for an order deemed to have been made under the Act ­Cotton Cloth and Yarn Control Order 1945, Cl. 18-A Section 7 of the Act provides punishment not only for an order actually made under section 3 but also for an order deemed to have been made under the Act. Section 17 subsection (2) places on a par an order made or deemed to be made under the Ordinance with an order made under the Act and since an order made under the Act (so far as it is confined to section 3) is punishable under section 7, an order deemed to have been made under the Act will obviously be punishable. This seems to be the clear inten­tion of section 17 subsection 2 which otherwise would be rendered nugatory. A I R 1948 Bom. 370 F B followed. (b) Interpretation of Statutes-Change in language-Unnecessary and superfluous language in prior legislation deleted from later Statute -No presumption can be drawn from the change. Although in construing a statute the Court is entitled to look at the history of prior legislation and to give effect to a change in language effected by the Legislature on the assumption that the Legislature does not do anything without having some object for doing it, "it is an equally clear cannon of construction that if it is found that the language used in two statutes is different and that the language used in the earlier statute was unnecessary or superfluous and the Legislature deletes the unnecessary and superfluous part from the statutes, no reference or no presumption can be drawn from the change of language." A I R 1948 Bom. 370 F B ; 11 A C 627 referred to. (c) Interpretation of Statutes-Rule of strict construction of penal provision-Sense which best harmonises with context or effectuates the legislative intent should be adopted. The rule of strict construction of a Penal Statute is attended with qualifications and other rules no less important and the meaning must be determined by the effect which these qualifications have on the aforesaid restrictions. Among them is the rule that that sense of the words is to be adopted…

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