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Interpretation of "purposive approach" - Indian Laws - GeneralExtract Interpretation of purposive approach As per NAZEEMA BEEVI, K.S. VAIDYANATHAN, T.G. SARASWATHI, C.H. SATISH,- 1982 (11) TMI 1 - MADRAS HIGH COURT In Carter v. Bradbeer [1975] 3 All ER 158 (HL), Lord Diplock observed that 'over the last thirty years, the House of Lords has increasingly moved away from the purely literal approach to statutory interpretation towards the purposive approach '. Indeed, in the case of Nothman v. Barnet London Borough Council [1978] 1 WLR 220 (CA), Lord Denning makes the claim that the literal approach has been superseded by the purposive approach . Lord Denning said (at p. 228) : The literal method is now completely out of date. It has been replaced by the approach which Lord Diplock described as the ' purposive approach ..... In all cases now in the interpretation of statutes we adopt such a construction as will 'promote the general legislative purpose' underlying the provision. It is no longer necessary for the judges to wring their hands and say: 'There is nothing we can do about it'. Whenever the strict interpretation of a statute gives rise to an absurd or unjust situation, the judges can and should use their good sense to remedy it by reading words in, if necessary so as to do what Parliament would have done, had they had the situation in mind. The Supreme Court is now more prone to accept the new approach , viz., the purposive approach in preference to the literal approach vide [1979] 3 SCC 466 (Authorised Officer v. S. Naganatha Ayyar and [1975] 1 SCC 676 Union of India v. Rajdhani Grains and jaggery Exchange Ltd.).
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