Necessity Is The Mother Of All Interpretation

INTRODUCTION:

The basic Principle of Interpretation of Statutes is to remove the ambiguity and enlarge the scope of legislation and intention of the legislature. It is well settled that the real intention of the legislation must be carved out from the language used. Any ambiguity in the statute should be dealt by way of construction on the ground that such construction is more consistent with the alleged object and policy of the Act. Recently the Hon'ble Apex Court in the matter of Kirshna Texport & Capital Markets ltd.v.Ila A. Agrawal & Ors¹ while interpreting the provision of Section 138 and 141 of Negotiable Instrument Act, 1881 (hereinafter N.I Act) has held that the notice of dishonour of cheques to the company is sufficient, and there is no need to serve separate notices on the directors.