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    Ut res magis valet quam pereat

    It is better for a thing to have effect than to be made void.

    Mens rea

    One-person company

    Decree

    Literal meaning is “It is better for a thing to have effect than to be made void.”

    Ravindra Babu Shriwas and Ors. vs. State of U.P. and Ors. (06.12.2017 – ALLHC)

    A statute must be construed as a workable instrument. “Ut-res-magis-valet-quam-pereat” is a well known principle of law and on this principle the provision of a statute must be construed as to make it effective and operative. The Courts will reject that construction which will defeat the plain intention of the legislature even though, there may be some inexactitude in the language used. Reducing the legislation to futility shall be avoided and in a case where the intention of the legislature cannot be given effect to, the Court should accept the bolder construction for the purposes of bringing about an effective result.”

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