3582428880

3582428880



1

INTERPRETATION OF STATUTES Qu:I; Define the statutory interpretation

Ans; Whcn Che court fintl difficult to apply che statute or Acc because of certain ambiguity, then courts interpret the statute and apply the law in the case while making judgement, it called statutory interpretation.

There are different part of Statute i.e. (i) Short Title, (ii) Long Title, (iii) Preamble, (iv) Marginal Notes,(v) Heading of a group of sections, (vi) definition of interpretation clause. (vii) Proviso, (v i i i) illustration. (ix) exception & saving clauses, (x) explanation schedules and (xi) punctuation.

There are mainly three rules: Literał Rule, Golden Rule or Modification Rule and Michief Rule / Hcydoifs Rule / Purposive Rule.

Litera! Rule: If in the statute there is no ambiguity. and meaning is elear, then the ordinary and natural meaning should be givcn, to statute. Means to take the words as the legislature have given in statute. and to take the meaning as given naturally, unless where the construction of these words is either by the preambles or by the context of the words in question controlled or altered.

The Golden Rule: This rule has been defined that before making any interpretation the court must read the statutory language, grammatically and terminologically, in the ordinary and primary sense, directly in its context, without omission or addition of any word from statute, thereafter make judgement discarding injustice, absurdity and contradiction.

CASE LAW: Bangalore Water Supply V/s A. Rajjappa

In this case the Bench of Supreme Court did not arrived at one conclusivc dc ci si 011 on the meaning of ‘Industry’ and the meaning of industry' construed

by judges are parallel to each other. therefore the matter was referred to Constitutional Larger bench of Supreme Court.

Is the modification of literał Rule, the purpose and meaning of the Golden Rule has been given by Justice Parkę B in case of Black V Smith

Mischief Rule / Heyden Rules / Purposive Rule; When the language of statute capable of two or morę construction, in such case it becomes important to consider the remedial and correct construction, which is in the interest of public wclfare and against the public evil and avoid the mischief.

Qu:2; Explain mensor sententia legis

Means Main Sentiments of legislature

Ans : The statute is an land mark legał work of legislature. the conventional way of interpreting or construing a statute should not touch the humble true intentions of the legislature, therefore the statute should be construed


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