Dura Lex Sed Lex

It is a settled legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation. Law prevails over equity if there is a conflict. Equity can only supplement the law, and not supplant it.

Inconvenience and hardship to a person will not be the decisive factors while interpreting the provision. When bare reading of the provision makes it very clear and unequivocally gives a meaning it is to be interpreted in the same sense as the Latin maxim says “dura lex sed lex”, which means the law is hard but it is law and there cannot be any departure from the words of the law.”

Hon’ble Justice N.V. Ramana, Narayan v. Babasaheb, [Civil Appeal No. 3486 of 2016].

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