When there is a conflict between two or more provisions of the law they should be followed in such a way that maximum benefit can be obtained and no rule need to be violated in the process of following another one. It is a sound rule of interpretation that Courts must try to avoid a conflict between the provisions of the statute. A statute must be read as a whole and one provision of the Act should be construed with reference to other provisions in the same Act so as to make a consistent enactment of the whole statute. It is the duty of the Courts to avoid conflict between two provisions and whenever it is possible to do so to construe provisions that appear to conflict so that they harmonize.
Professional Ethics for Lawyers
(PDF) Professional Ethics for Lawyers | Kumar Rajendran - pazarce.info
But while the lethargic acceptance of the legal system's decay is slowly being shaken off, the pace of change must increase drastically. As a legal practitioner I was often saddened by the pathetic image of our legal system that was reflected in jurisdiction clauses, where contracting parties agree to invest in India, do business, trade and manufacture in India. But when it came to jurisdiction or dispute settlement, India was clearly excluded from the choice of legal systems. For long we have been told by the public, clients and foreign lawyers that our Bar is slow, uncertain and corrupt. And this happened after India and China were recognised as key financial decision makers in the keynote address of the opening ceremony. We cannot let our legal system be equated with the archaic visions of snake-charmers and elephant riding rajahs that romantics like to paint about India! Public confidence in the legal system can be measured by the answers to the following questions.
INTERVIEW: Varun Marwah, Bar & Bench: On Law School, Legal Journalism and More
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