TMI BlogMimansa Rules of Interpretation [Gunapradhan Axiom]X X X X Extracts X X X X X X X X Extracts X X X X ..... of Interpretation were used in our country for at least 2500 years, whereas Maxwell's First Edition was published only in 1875. These Mimansa Principles are very rational and logical and they were regularly used by our great jurists like Vijnaneshwara (author of Mitakshara), Jimutvahana (author of Dayabhaga), Nanda Pandit, etc. whenever they found any conflict between the various Smritis or a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ans principal. The Gunapradhan Axiom states : "If a word or sentence purporting to express a subordinate idea clashes with the principal idea, the former must be adjusted to the latter or must be disregarded altogether". This principle is also expressed by the popular maxim known as 'matsya nyaya', i.e. 'the bigger fish eats the smaller fish'. According to Jaimini, act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Yajurveda but in which verses of the Samaveda are to be recited. Are these Samaveda verses to be recited in a low voice or loud voice ? The answer, as given in the above Sutra, is that they are to be recited in low voice, for although they are Samaveda verses, yet since they are being recited in a Yajurveda ceremony their attribute must be altered to make it in accordance with the Yajurved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Primary of its natural accomplishment then there would be a disruption of that action (the Primary) for the sake of which it was meant to operate. Though in such a case the proper fulfillment of the Primary with all its accompaniments would mean the deprival of the Accessory of its own natural accompaniment, yet, as the fact of the Accessory being equipped with all its accompaniments is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the prescribed wood is Khadir, but this prescription is only subordinate or Accessory to the performance of the ceremony, which is the main object. Hence if it comes in the way of the ceremony being performed, it can be modified or substituted".
ISPAT INDUSTRIES LTD. VERSUS COMMISSIONER OF CUSTOMS, MUMBAI- 2006 (9) TMI 181 - SUPREME COURT X X X X Extracts X X X X X X X X Extracts X X X X
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