kinds of interpretation of statutes

Granting of new remedies for enforcing one’s rights can be done through the remedial statutes. The term explanatory itself indicates that this type of statute explains the law and rectifies any omission left earlier in the enactment of the statutes. At times, while applying this rule, the interpretation done may entirely be opposite of the literal rule, but it shall be justified because of the golden rule. Various sources used are only limited to explore the written text and clarify what exactl… Thus, his prosecution was held to be valid. 3Year IV Interpretation of Statutes INTERPRETATION OF STATUTES Module – I Introduction to Interpretation of Statutes Meaning of Interpretation of Statutes Objects & Kinds of Interpretation of Statutes 1.3 General theories of Interpretation of Statutes Module – II Rules of Statutory Interpretation 2.1 Continue Reading It is also used for ascertaining the actual connotation of any Act or document with the actual intention of the legislature. Various sources used are only limited to explore the written text and clarify what exactly has been indicated by the words used in the written text or the statutes. Further, the prostitutes who were carrying on to solicit from the streets and balconies were charged under section 1(1) of the said Act. To prevent this problem, Street Offences Act, 1959 was enacted. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. The rule of grammatical construction is considered to be the first principle of interpretation. There are a certain set of facts pending before the court and construction is the application of the conclusion of these facts. According to Salmond, “Interpretation”  is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. In the cases of interpretation of the Constitution, the rule of harmonious construction is applied many times. Law-making - the legislature, executive and the judiciary 1.1.2. In the Heydon’s case, it was held that there are four things which have to be followed for true and sure interpretation of all the statutes in general, which are as follows-. Award was passed in the name of Quiser Jehan. There are a certain set of facts pending before the court and construction is the application of the conclusion of these facts. These are the rules which are evolved for determining the real intention of the legislature. The appeal was filed beyond the period of six months. She has discussed the meaning and rules of interpretation of statutes with relevant case laws. Through these statutes, certain acts which would otherwise be illegal are validated by curing the illegality and enables a particular line of action. This basically involves an act of discovering the true meaning of the language which has been used in the statute. Hello Friends, Welcome Back to Finology Legal!In today’s Video Let us understand the Rules of Interpretation! What Properties are not liable to attachment and Sale in the execution of a Decree? Therefore, the dictionaries are referred/consulted by the courts, whenever need arises to find out the ordinary sense of the words. In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. Internal aids mean those aids which are available in the statute itself, though they may not be part of enactment. In addition t he courts have developed rules to assist judges in interpreting statutes. He was called for the breach of parliamentary privilege. During his search was carried on, gold was found in his possession as it was against the notification of the government and was confiscated under, The appellant challenged this trial to be violative under. Award was passed in the name of Quiser Jehan. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. The court held that the dictionary meaning is not always the correct meaning, thereby, the mischief rule must be applicable, and the interpretation which advances the remedy shall be taken into consideration. Introduction: 10 1.1 Principles of Legislation; 1.1.1. Later on, he was also charged under section 8 of the Foreign Exchange Regulations Act, 1947. He was prosecuted under the Food Adulteration Act. This was challenged on the ground that these sugar industries were declared to be a controlled one by the union under, And accordingly, the state did not have the power of acquisition of requisition of property which was under the control of the union. , which means to explain, expound, understand, or to translate. The appeal was rejected by the lower courts. The purpose of these kinds of statutes is to promote the general welfare for bringing social reforms through the system. The presumption here is that the legislature does not intend certain objects. the definition of house property has been amended under the Income Tax (Amendment) Act, 1985 through the judgement of the supreme court. Interpretation is the process of explaining, expounding and translating any text or anything in written form. The number of employees there were more than 50. The statutes which operate to make changes in the provisions of the enactment to change the original law for making an improvement therein and for carrying out the provisions effectively for which the original law was passed are referred to as amending statutes. At the same time, the invoice shown for the transport consisted of apples only. And accordingly, the state did not have the power of acquisition of requisition of property which was under the control of the union. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. The party to the petition is already having the notice regarding the petition, therefore, section 99 shall be so interpreted by applying the golden rule that notice is required against non-parties only. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Share capital, What are different Kinds of share Capital? Competition Act, 2002 repealed the MRTP Act. Here, the entire law is constituted in one place. Therefore, the court held that the word ‘food’ is consumable by mouth and orally. He was prosecuted under the Food Adulteration Act. Difference between Interpretation and Construction. Here are the major interpretation offered from our end – 1. Such variables include the types of drafting mistakes, unforeseen developments, and political ambiguity. Maqbool Hussain v. State of Bombay,  In this case, the appellant, a citizen of India after arriving at the airport did not declare that he was carrying gold with him. Relevance of John Rawls and Robert Nozick - individual interest to community interest 1.1.4. ”  is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. This basically involves an act of discovering the true meaning of the language which has been used in the statute. 1.1 What is the Interpretation of Statutes? According to this rule, the words used in this text are to be given or interpreted in their natural or ordinary meaning. 1902 authorised the corporation to round up the cattle grazing on the government land. Some Internal Aids are-  It is process of application of mind  Also called Law, Act, Enactment. It was held by the court that article 19(1)(a) itself talks about reasonable freedom and therefore freedom of speech and expression shall pertain only to those portions which have not been expunged on the record but not beyond that. This kind of statute covers and combines all law on a particular subject at one place which was scattered and lying at different places. Kanwar Singh v. Delhi Administration, AIR 1965 SC 871. Article 194(3) provides to the Parliament for punishing for its contempt and it is known as the Parliamentary Privilege. A taxing statute thus, levies taxes on all such transactions. It can also be a said-Such method by which the Court analyses the meaning of used language and words of the Statute is Interpretation (interpretation of Statutes: Maxwell). B) Every agreement is a contract. The court held that the dictionary meaning is not always the correct meaning, thereby, the mischief rule must be applicable, and the interpretation which advances the remedy shall be taken into consideration. After the enactment of this act, the prostitutes started soliciting from windows and balconies. Possession ... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Give correct answer : A) Void agreements are always illegal. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. Thus, by applying this rule, the court held that the windows and balconies were taken to be an extension of the word street and charge sheet was held to be correct. It was held by the court that. The purpose of these kinds of statutes is to promote the general welfare for bringing social reforms through the system. The literal rule follows the concept of interpreting the natural meaning of the words used in the statute. It is the first rule of interpretation. The purpose of this kind of statute is to give an authoritative statement of the rules of the law on a particular subject, which is customary laws. The state had a separate power under Entry 42 List III. For example- the definition of house property has been amended under the Income Tax (Amendment) Act, 1985 through the judgement of the supreme court. It was confiscated by the transport company that they were unaware of the fact that opium was loaded along with the apples in the truck. This process of getting to know the intent behind the law is known as statute interpretation. Thus, any such interpretation which leads to unintended objects shall be rejected. August 20, 2020 by Radhika Saxena What do you mean by ‘Interpretation’? Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for non-observance. The Supreme Court held that the power of acquisition was not occupied by Industries (Development and Regulation) Act, 1951. provides to the Parliament for punishing for its contempt and it is known as the Parliamentary Privilege. The rule says that to start with we shall go by the literal rule, however, if the interpretation given through the literal rule leads to some or any kind of ambiguity, injustice, inconvenience, hardship, inequity, then in all such events the literal meaning shall be discarded and interpretation shall be done in such a manner that the purpose of the legislation is fulfilled. State of Madhya Pradesh v. Azad Bharat Financial Company, AIR 1967 SC 276, Issues of the case are as follows. The most common rule of interpretation is that every part of thestatute must be understood in a harmonious manner by reading andconstruing every part of it together.The maxim “A V… seeking an update over the same. The truck of the transporting company was impounded as the parcel contained opium along with the apples. Issues of the case were as follows- section 418 of Delhi Corporation Act, 1902 authorised the corporation to round up the cattle grazing on the government land. Purpose of Interpretation- Statutes have been mainly classified in four classes with respect to interpretation- Duration Related Statutes Nature Related … Read more . C) A contrac... 1) Which one of the following element is not necessary for a contract ? In this case, the appellant, a citizen of India after arriving at the airport did not declare that he was carrying gold with him. The legislature makes laws with a specific intent in mind. Issue, in this Case, was that the respondent concerned was running a factory where four units were for manufacturing. Hence, his trial was held to be valid. Categories Interpretation of statutes. It has long been held that words are an imperfect means of communication. The words used in the statute authorised the corporation to round up the abandoned cattle. Application of Act 2. The question that the two provisions of the same statute are overlapping or mutually exclusive may be difficult to determine. According to this rule, the only duty of the court is to give effect if the language of the statute is plain and has no business to look into the consequences which might arise. One provision of the same act cannot make the other provision useless. Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary … Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation, deals with the body of rules and principles used to construct the correct meaning of legislative provisions to be applied in practical situations. The words ‘shall be confiscated’ should be interpreted as ‘may be confiscated’. But the experience of all those who have to bear and share the task of application of the law has been different. But if interpreting natural meaning leads to any sought of repugnance, absurdity or hardship, then the court must modify the meaning to the extent of injustice or absurdity caused and no further to prevent the consequence. 1) Consider the following statements : A) Every promise is an agreement. This kind of statute covers and combines all law on a particular subject at one place which was scattered and lying at different places. Graham describes the relative merits and demerits two competing theories of interpretation namely the Original Meaning rule and Dynamic theory of interpretation in his article Unified Theory of Interpretation. 2. Interpretation of expressions relating to writing 4. In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. This then makes the interpretation of statutes not as simple as one would think. For example- The Hindu Marriage Act, 1955 and The Hindu Succession Act, 1956. Further, ambiguities in the text are also clarified and checked upon the previous statutes. Thus, in no circumstances, the legislature can be expected to contradict itself. Manmohan Das versus Bishan Das, AIR 1967 SC 643. There can be income tax, wealth tax, sales tax, gift tax, etc. The court held that the word currency notes or bank note cannot be prefixed. To ensure justice to all the concept of canons of interpretation was expounded. This process is commonly adopted by the courts for determining the exact intention of the legislature. It was intimated to her after the period of six months about this by her counsel. There are Several Types of Statutes, Such as Temporary Statute, Perpetual Statute, Consolidating Statute, Codifying Status, Fiscal Statute, Remedial Statute, Penal Statute, Declaratory Statute. Here, the entire law is constituted in one place. State of Punjab v. Quiser Jehan Begum, AIR 1963 SC 1604, a period of limitation was prescribed for, under section 18 of land acquisition act, 1844, that an appeal shall be filed for the announcement of the award within 6 months of the announcement of the compensation. It was contended by Kanwar Singh that the word abandoned means the loss of ownership and those cattle which were round up belonged to him and hence, was not abandoned. The objective is to assist the judicial body in determining the real intention of the legislature. Accordingly, a particular interpretation of a statute would also become binding, and it became necessary to introduce a consistent framework for statutory interpretation. Its aim is also to ascertain the legal effect of the legal text. The Indian Constitution does not use the term "Statute" but it uses the term "law". Granting of new remedies for enforcing one’s rights can be done through the remedial statutes. He was called for the breach of parliamentary privilege. What updates do you want to see in this article? It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. with regard to corrupt practices involved in the election. Principle of utility 1.1.3. 89 Originalism or the original meaning rule is that form of interpretation which holds that a statute should be given the meaning intended by its creators. The responsibility of deciphering that intent lies with the judiciary. Thus, accordingly, he was not prosecuted earlier. The court held that the mischief rule had to be applied and the word abandoned must be interpreted to mean let loose or left unattended and even the temporary loss of ownership would be covered as abandoned. These statutes have liberal interpretation and thus, are not interpreted through strict means. One of them is that words do not usually have static meanings. The appeal was filed beyond the period of six months. It is called as mischief rule because the focus is on curing the mischief. The appeal was rejected by the lower courts. State of Kerala v. Mathai Verghese and others, 1987 AIR 33 SCR(1) 317, in this case a person was caught along with the counterfeit currency “dollars” and he was charged under section 120B, 498A, 498C and 420  read with section 511 and 34 of Indian Penal Code for possessing counterfeit currency. This article has been written by Pooja Kapur, a fifth-year law student of Amity Law School, Noida. Operation of these principles upon l The only obligation of the court is to expound the law as it is and if any harsh consequences arise then the remedy for it shall be sought and looked out by the legislature. Overview of Chapter . Thus, his prosecution was held to be valid. There exists The Interpretation Act of 1978 which provides certain basic definitions such as singular includes plural and he includes she. The MCD rounded up the cattle belonging to Kanwar Singh. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used.

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