I remember having a tough time in college during interpretation of statutes but gradually i realized that these rules help in building strong reasoning power. In santi swarup sarkar v pradeep kumar sarkar, the supreme court. Reciprocal promise to do things legal, and also other things illegal. Sunstein, interpreting statutes in the regulatory state, 103 harv. General clauses act, 1897 submitted to the government of india in the year.
These keys may be termed as aids for interpretation and principles of interpretation. Buy interpretation of statutes book online at best prices in india on. Click download or read online button to get interpretation of statutes book now. The subject of jurisprudence, interpretation and general laws is inherently fundamental to evolution and refinement of legislations, rules and regulations. The aids for interpretation may be divided into two categories, namely, internal and external. The mumbai municipal corporation act 1888 complete act. Interpretation of statutes summary lectures 1 15 studocu. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Act used with reference to legislation means any statute enacted by the legislature of the island whether before or after the 1st april, 1968, and. In this act the following words and expressions are used in the following senses, unless contrary intention appears from the context. Welfare, social and beneficial statutes are not to be construed strictly.
Interpretation is a process through which one arrives at the true and correct intention of the lawmaking body which is laid in the form of statutes. There arises need for the judges to ascertain the correct meaning of the law laid by the legislature. Legislations governing interpretation of statutes in india. Interpretation of statutes and principles of legislation.
In todays video let us understand the rules of interpretation. The enactments mentioned in schedule a are repealed to the extent specified in the third column of the said schedule. Most settled principle of interpretation is that the court must deduce the intention of the. It is said that it seems wrong to parcel the constitution as if it were a finance act. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas nonstatutory aids are illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by caselaws relating to the interpretation of statutes. The interpretation of laws act an act to consolidate the law relating to the construction, application, interpretation and operation of written law and to provide for related matters. Ours is a premier law publications dedicated to the service of the student fraternity for we have been over the years, dealing exclusively in the publication of law books for students. The term enactment has been defined in subsection 17 of section3 definition clause of the general clauses act london. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. These rules each take different approaches to interpretation of a statute. Some amount of interpretation of the statutes is often necessary by the courts, as also by the counsel of the parties. Literal interpretation has been called the safest rule because the legislatures intention can be deduced only from the language through which it has expressed itself. Chapter 1 introdution to interpretation of statutes.
Compensation for loss through nonperformance of act known to be. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. It is the duty of the court to interpret the act and give meaning to each word of the statute. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy.
Traditionally, all the writers on interpretation of statutes consider the preamble, title, heading, marginal notes, punctuation, illustrations. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. The bare words of the act must be construed to get the meaning of the. Legislations governing interpretation of statutes in india general clauses act, 1897. Statute interpretation in a nutshell university of toronto faculty of. Apart from above brief submissions on interpretation of different statutes, many types of internal and external aids are used for the purpose of interpretation of statute. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. To use paul finns expression, we were born to statutes. Statutory interpretation is the process by which the courts interpret and apply legislations to the facts of the case, placed before it by the parties to the case. Statute interpretation research by qaiser javed mian llb,llmu. Interpretation of statutes importance of subject for understanding the provisions of a statute, knowledge to apply the correct interpretation, is an essential prerequisite.
Craies statute law and maxwell on the interpretation of statutes. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. The primary object of the interpretation of statutes is to discover the true intention of the legislature. As the administration of justice is conducted by the judges in accordance with the provisions of law, therefore it requires that there are certain rules of interpretation to ensure that just and uniform decisions are delivered by them. The word interpretation is derived from the latin term interpretari which means to explain or expound or to understand or translate. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. When the act itself provides the dictionary for the words used, the court must first look into that. Interpretation of statutes and principles of legislation book pdf. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes.
This video lecture aims at explaining interpretation of statutes for llb by study khazana. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Understanding the tools and techniques of statutory interpretation will help you. The following act of parliament received the assent of the president on the 9th june, 2000, and is hereby published for general information. The interpretation of laws act, 1996 arrangement of sections section title part i preliminary 1. Everyone has the right to an environment that is not harmful to their health or wellbeing. Rules of interpretation interpretation of statutes in. Discuss the rules of statutary interpretation with the. All about interpretation of statutes by nishita kapoor download pdf the author, nishita kapoor is a 3rd year student of uils.
Law of contract book by avtar singh pdf is free and available for everyone to download as a pdf. Sometimes the words of a statute have a plain and a straightforward meaning. Chapter 1 introdution to interpretation of statutes 42,018 views. Interpretation of statutes this article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the legislature is given effect. One of the reasons for the dismal state of statutory. In pakistan the interpretation act is general clauses act, 1887 which is defining a list of.
This then makes the interpretation of statutes not as simple as one would think. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas nonstatutory aids is illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by caselaws relating to the interpretation of statutes. Interpretation is a process through which one ascertains the true and correct intention of the law making bodies as is laid in the form of statutes. One of them is that words do not usually have static meanings. 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 bare words of the act must be construed to get the meaning of the statute and one need not probe into the intention of the legislature. It is the exact text of a particular enactment, as it was passed by the legislature. Rules of interpretation interpretation of statutes in hindi youtube. Learn about the most important law of contracts concepts such as contract law basics, types of. The most common rule of interpretation is that every part of the statute must be understood in a harmonious manner by reading and construing every part of it together. Bare act is basically a dictionary of any section of a particular act. Statutory interpretation is the process by which courts interpret and apply legislation. Section 24 of the constitution of the republic of south africa, 1996. This file may not be suitable for users of assistive technology.
In this act unless the contzxt otherwise requires short title. Learn the interpretation of statutes from our website. Interpretation act 33 of 1957 english text signed by the governorgeneral assented to. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the term enactment. The art of correct interpretation would depend on the ability to read what is stated in plain language, read between the lines, read through the provision, examining the intent of the legislature and call upon case laws and other aids to interpretation. Interpretation of statutes is a very important issue which is not made easy due to varying factors. Interpretation of statues to render justice is the primary function of the judiciary. Provided that a all rules and bylaws made, all notifications published, all orders issued and all i licenses and permissions granted under any of the said enactments and still in force shall, so far as they are consistent with this act, be deemed to have been. Chapter 1 introdution to interpretation of statutes 1.
Some amount of interpretation is often necessary when a case involves a statute. This site is like a library, use search box in the widget to get ebook that you want. Interpretation act 33 of 1957 centre for environmental. Interpretation amendment act 7 of 1959 interpretation amendment act 45 of 1961 general law amendment act 102 of 1967 general law amendment act 62 of 1973. Interpretation of statutes llb study khazana youtube. Introduction to statutory interpretation 5 statutes played a key role from the beginning. However, in many an acts, definition clause is inserted to mean a word or expression. Contract to do act afterwards becoming impossible or unlawful. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. Law of contract by avtar singh pdf download full text. Interpretation of statutes download ebook pdf, epub.
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