Introduction

The Hon’ble Supreme Court vide its recent judgment in Bharat Sher Singh Kalsia v. State of Bihar & Anr.[1] adjudicated inter alia upon repugnancy in clauses when construing/ interpreting a deed or a contract. It was categorically held that where the earlier and later clause of a deed cannot be reconciled, the earlier clause would prevail over the later clause in accordance with themaxim of ut res magis valeat quam pereat[2].Continue Reading Earlier clause prevails over subsequent clause in case of repugnancy: Supreme Court