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Casus Omissus

Canons of Statutory Interpretation

Definition

A matter or contingency omitted by inadvertence or design from the text of a statute; courts cannot supply a casus omissus under the guise of judicial interpretation, as that amounts to legislating from the bench.

Example

In Smt. Hiradevi v. District Board, Shahjahanpur, the Supreme Court affirmed that a court cannot supply a casus omissus to remedy an omission made by the legislature; the defect must be cured by statutory amendment.