Nabeel.

M
B.Com LL.B

1.Natural and Grammatical Meaning:

According to Lord Atkinson, in the construction of statutes, every word must be interpreted in their natural
and grammatical meaning unless there is something in the context.
In Municipal Board v State Transport Authorities of Rajasthan, the Regional Transport Authority had
changed the location of bus stop and notified the public that if anyone wants to take an action then they
have to file a complaint within 30 days. But the Complainant filed an application before the State Transport
Authority after the period of 30 days so the court held that the notice issued by the Regional Transport
Authority is very plain and simple and does not need any further interpretation. The Supreme Court held
that literal interpretation must be made and hence rejected the application as invalid.

2.contemporanea exposito (External aid)

 The word ‘Contemporanea’ means “living or occurring at the same time or occurring in the
present” and the word ‘expositio’ means “explanation”.
  In interpreting a document or statute this rule of construction requires that the reader  should 
try to read the document as it would have been read by someone at the time when  it was written.
 The principle was also referred to in construing section 21 of the Penal Code, 1860 and in holding
that an M.L.A. is not a public servant as defined therein.- R.S.NAYAk v. A.R.ANTULEY, AIR 1984.

 “Doctrine of Contemporanea Expositio is based upon the precept that the words used in a statutory
provision must be understood in the same way in which they are usually understood in ordinary
common parlance by the people in the area and business.
 It has been held in Rohitash Kumar, (2013) 11 SCC 451 that, the Doctrine of Contemporanea
Expositio has to be applied with caution and the rule must give way when the language of the
statute is plain and unambiguous.”
 K. Lakshmi Cement Ltd. v. Commercial Tax Officer

3.statutes in Pari Materia,

 Means statutes dealing with the same subject- matter or forming part of the same system.

 When the two pieces of legislation are of differing scopes, it cannot be said that they are in Pari
Materia.- STATE OF PUNJAB v. OKARA GRAIN BUYERS SYNDICATE Ltd., OKARA, AIR 1964.

 However, it is not necessary that the entire subject- matter in the two statutes should be identical
before any provision in one may be held to be in Pari Materia with some provision in the other.

Every word of the statute must be given meaning : The court while interpreting any statute must
give effect to each and every word of the statute. No part of the statute and no word of the statute can be
interpreted in isolation. Statues have to be interpreted so that every word has a place and everything is in
its place.

 Statute is best interpreted when we know why it was enacted. With this knowledge, the statute must
be read, first has whole and then section by section, clause by clause, phrase by phrase, word by
word including grammatical marks.
 Nabeel.M
B.Com LL.B

Section 5 of GCA

Coming into operation of enactments.

 (1) Where any Central Act is not expressed to come into operation on a particular day,
then it shall come into operation on the day on which it receives the assent,—
 (a) in the case of a Central Act made before the commencement of the Constitution †, of
the Governor-General, and(b) in the case of an Act of Parliament, of the President.

(external aid)
Parliamentary debates at the time of introduction of bill may be used as an external aid in
interpretation. It is a settled position that there can only be limited use of Parliamentary Debates.
The court should not normally critically analyze the proceedings of Parliament. In Milton v DPP,
in interpreting the term ‘prosecution’ under the Income Tax Act, a minister’s speech at the time of
introduction of Bill has been taken into consideration.
 Parliamentary history means the process by which an act is enacted. This includes
conception of an idea, drafting of the bill, the debates made, the amendments proposed etc

REMEDIAL STATUTES PENAL STATUTES

Remedial Statutes deal with the Penal Statutes deal with the
wrongs against an individual. wrongs against the State.

They deal with those matters They deal with those

which affect the Individual only matters which affect the
whole community.

Remedial Statutes provides a Whereas Penal Statutes

remedy for infringement of provides punishment for
private civil rights of an public wrong
individual.

Remedial Statutes deals with Remedial Statutes deal with

such wrongful acts for which such wrongful acts,
remedy is civil action. the commission of which
attracts punitive (Penal)
action.