In santi swarup sarkar v pradeep kumar sarkar, the supreme court. 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. One of them is that words do not usually have static meanings. 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. General clauses act, 1897 submitted to the government of india in the year. The subject of jurisprudence, interpretation and general laws is inherently fundamental to evolution and refinement of legislations, rules and regulations. 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. The primary object of the interpretation of statutes is to discover the true intention of the legislature. Interpretation of statutes importance of subject for understanding the provisions of a statute, knowledge to apply the correct interpretation, is an essential prerequisite.
Buy interpretation of statutes book online at best prices in india on. In todays video let us understand the rules of interpretation. Learn the interpretation of statutes from our website. 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. These rules each take different approaches to interpretation of a statute. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. Interpretation of statutes and principles of legislation. Some amount of interpretation of the statutes is often necessary by the courts, as also by the counsel of the parties. Chapter 1 introdution to interpretation of statutes 42,018 views. In this act unless the contzxt otherwise requires short title. Statutory interpretation is the process by which courts interpret and apply legislation. Contract to do act afterwards becoming impossible or unlawful. 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.
Most settled principle of interpretation is that the court must deduce the intention of the. 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. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the term enactment. The following act of parliament received the assent of the president on the 9th june, 2000, and is hereby published for general information. Compensation for loss through nonperformance of act known to be. 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. Sunstein, interpreting statutes in the regulatory state, 103 harv. The word interpretation is derived from the latin term interpretari which means to explain or expound or to understand or translate. 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. Learn about the most important law of contracts concepts such as contract law basics, types of. Reciprocal promise to do things legal, and also other things illegal. This file may not be suitable for users of assistive technology. Explanations and provisos are inserted to expand or.
There arises need for the judges to ascertain the correct meaning of the law laid by the legislature. 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. There will be no case laws, or any other explanations to the sections, apart from what the. 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. The aids for interpretation may be divided into two categories, namely, internal and external. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. The mumbai municipal corporation act 1888 complete act. Understanding the tools and techniques of statutory interpretation will help you. Chapter 1 introdution to interpretation of statutes.
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. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Sometimes the words of a statute have a plain and a straightforward meaning. Legislations governing interpretation of statutes in india general clauses act, 1897. Click download or read online button to get interpretation of statutes book now. In pakistan the interpretation act is general clauses act, 1887 which is defining a list of. Everyone has the right to an environment that is not harmful to their health or wellbeing.
It is the duty of the court to interpret the act and give meaning to each word of the statute. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. However, in many an acts, definition clause is inserted to mean a word or expression. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. Craies statute law and maxwell on the interpretation of statutes.
The bare words of the act must be construed to get the meaning of the. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. The provisions of this act shall apply to the interpretation of every law as in this act defined in force, at or after the commencement of this act, in the republic or in any portion thereof, and to the interpretation of all bylaws, rules, regulations or orders made under the authority of. Interpretation of statues to render justice is the primary function of the judiciary. Statute interpretation research by qaiser javed mian llb,llmu. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Interpretation of statutes summary lectures 1 15 studocu. 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. Bare act is basically a dictionary of any section of a particular act. Some amount of interpretation is often necessary when a case involves a statute. All about interpretation of statutes by nishita kapoor download pdf the author, nishita kapoor is a 3rd year student of uils. Rules of interpretation interpretation of statutes in hindi youtube.
Statute interpretation in a nutshell university of toronto faculty of. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. Rules of interpretation interpretation of statutes in. It is the exact text of a particular enactment, as it was passed by the legislature. Legislations governing interpretation of statutes in india. Act used with reference to legislation means any statute enacted by the legislature of the island whether before or after the 1st april, 1968. 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. Interpretation act 33 of 1957 english text signed by the governorgeneral assented to. Interpretation act 33 of 1957 centre for environmental. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. This video lecture aims at explaining interpretation of statutes for llb by study khazana. 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.
The interpretation of laws act, 1996 arrangement of sections section title part i preliminary 1. Traditionally, all the writers on interpretation of statutes consider the preamble, title, heading, marginal notes, punctuation, illustrations. When the act itself provides the dictionary for the words used, the court must first look into that. Rules of interpretation of tax statutes p a g e 6 49 introduction 1.
One of the reasons for the dismal state of statutory. In this act the following words and expressions are used in the following senses, unless contrary intention appears from the context. 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. It is said that it seems wrong to parcel the constitution as if it were a finance act.
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. This site is like a library, use search box in the widget to get ebook that you want. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. 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. Law of contract book by avtar singh pdf is free and available for everyone to download as a pdf.
Section 24 of the constitution of the republic of south africa, 1996. The enactments mentioned in schedule a are repealed to the extent specified in the third column of the said schedule. Discuss the rules of statutary interpretation with the. Interpretation of statutes and principles of legislation book pdf. This then makes the interpretation of statutes not as simple as one would think. Interpretation of statutes is a very important issue which is not made easy due to varying factors. Introduction to statutory interpretation 5 statutes played a key role from the beginning. Interpretation of statutes llb study khazana youtube. Welfare, social and beneficial statutes are not to be construed strictly. Acropdf a quality pdf writer and pdf converter to create pdf. Chapter 1 introdution to interpretation of statutes 1. 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.
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