AMITY LAW SCHOOL, NOIDA

Project on
Interpretation of remedial
and remedial STATUTES

submitted by

NEHA SACHDEVA

LLB ( 3YEARS)

SECTION B

A3256119078
 STATEMENT OF OBJECT
This project learns the rules of correction and punishment and its translation can
be either liberal or strict interpretation. The project also explores the purposeful
approach adopted in interpreting the penalties for specific criminal laws.
 INTRODUCTION

The word translated means "to give meaning". The powers of Government are
divided into three branches namely the legislature, the administration and the
judiciary. Translating templates to do justice is the primary task of the judges. It is
the duty of the Court to interpret this Act and provide an explanation for each
word of the Statement. The most common law of interpretation is that all parts of
the law must be understood in the same way by reading and combining all the
parts together. The phrase “A Verbis legis non est recedendum” means that you
should not change the words of the law when translating. The purpose of the
interpretation is to clarify the purpose of the legislature which has been explicitly
and implicitly conveyed in the language used. To ensure that justice is made
available to all, the justice system has been transformed into a global one. It is
extremely important and in fact necessary for the courts to interpret the law in a
way that ensures that 'access to justice' is increased. For this purpose, the
concept of 'Translation References' has been clarified. Cannons are those laws
that have been changed by the Court of Justice to help the Courts determine the
meaning and purpose of the law.
 REMEDIAL STATUTES

The principles of redress are those principles that

have been developed in the pursuit of a permanent public policy are generally
interpreted freely. In the development of a system of redress the courts must
provide us with the 'most comprehensive operation' that will be permitted by the
language of the law. The courts are only there to see if a particular case is in crisis
and needs to be settled.

Here are some examples of the legal procedures discussed below and the laws of
the land:

Labor and social law: These rules of law should be taken seriously and freely
considered and should be considered in accordance with the Directive Principles
of State Policy (Part IV) of the Indian Constitution and any international
convention in this regard must be provided by the courts. In the case of MC
Mehta v. State of Tamil Nadu, Labor Law (Prohibition and Control of Law), 1986
was defined. The Court, subject to the Guidance Regulations in sections 39 (e), 39
(f), 4 (i), 45 and 47 of the Constitution, have fundamental rights in Art. 24, the
United Nations Convention on the Rights of the Child not only directs child labor
research and prevention but also directs financial compensation as an employer
contribution to the Child Labor-Rehabilitation-cum-Welfare Fund to the parent /
guardian to alleviate poverty and child welfare.
Social benefit oriented legislations: These laws will serve the purpose of the
legislature but without language violence. If the amendment law is able to build
two structures, that should be preferred to a structure that furthers the policy of
the Act and is in the best interests of those who may have passed the Act. The
construction of liberty must flow from the language used and the law does not
allow for the imposition of unnatural interpretations on the words contained in
the law and does not allow for the suggestion of any assumption that the
protection of the broadest amplitude should be considered given to whom the
law may be imposed. In the event of a breach of the benefit law which reduces its
effectiveness, the Court should in any case take it lightly so as not to unduly
expand the area or limit of voting. It has been argued that legislation enacted for
the benefit of the oppressed class may be broad-based in the sense that it is to
some extent beneficial to those who do not adhere to that category, for example,
tenants and landlords.

CASE LAWS OF REMEDIAL STATUTES

In Noor Saba Khatoon v. Mohd Qasim, it was held that the effect of a beneficial
law is not considered a failure of the next law without clear provision. Therefore,
the rights of minors, regardless of religion, to receive maintenance from their
parents as provided for in S 127 of the Criminal Procedure Code 1973 are
considered non-Muslim by Muslim women (Protection of Rights on Divorce) Act
1986. s 3 (b) of the Act a divorced Muslim woman can claim child support for up
to two years from her ex-husband. It has been argued that the right of children to
claim maintenance under S 125 Cr PC is not independent of the right of a divorced
the mother of child support and the first is not covered by the Islamic Women Act
of 1986.

(i) Sadhoo v. Judge Lal Mohd Biri Active

In this regard the High Court interpreted S 31 (2) (a) of the Beedi and Cigar
Workers (Conditions of Employment) Act 1966. S 31 (2) (a) provides that
employees who have been released, dismissed or retrenched may apply for the
prescribed authority. It was argued that with the free construction of that section
there is no need for a written suspension order for an employee to lodge a
complaint and that an employee who has been terminated by termination of
employment may apply to the designated authorities.

(ii) Central Railway Workshop, Gas v. Vishwanath

In this case the question before the court was whether the timekeepers, who
prepared the workshops for the workshop staff, kept the leave account, discarded
the settlement case and kept records for other mathematical purposes, whether
employees as defined in the Factories Act 1948. § 2 by any agency, whether wage
or not in any production process used for the production process or any other
type of work related to or linked to the production process. ' The court granted
free construction to the employee's definition and held that the retainers were
employees who were employed in the form of work related to or linked to the
production process.
(iii) Motor Owner's Insurance Co Ltd v. JK Modi
In this case, the terms ‘any one accident’ from section 95 (2) (a) of the Motor
Vehicles Act 1939 are omitted. In view of the beneficial purpose of the Act, these
terms are considered to refer to multiple risks as the number of people involved
in risk of making a limit of Rs. The 20,000,000 premiums paid by the insurance
company to apply for each person injured.

PENAL STATEMENTS

The principle that the law of punishment or punishment should be strictly

enforced, does not apply to the whole world, although it must be observed in all
cases. It is now more limited and works on a single option when two or more
constructions are properly opened. The law originally appeared to reduce the
severity of the convicts of minor offenses and although that requirement and
severity are now almost extinct, the differences in the method used for the
declaration of punishment as opposed to any other law still persist. A formal rule
of thumb is to 'if there is a proper interpretation that will avoid punishment in any
case we must accept that structure. If there are two sensible elements we should
offer a more relaxed one. ‘Interpretation of the terms of punishment must be in
accordance with the principles that support fundamental rights. Any provision
that accuses a defendant of adverse effects without giving him or her any remedy
to refute evidence against his or her innocence does not comply with the
philosophy set out in Article 21. Failure to comply with the law could result in a
penalty. But just because the law attracts a fine for failure to comply with legal
requirements, the same in all cases would not require strict construction. A
translation that strikes a balance between law enforcement and the protection of
the defendant's fundamental human rights (right to privacy) should be addressed.
The provisions of the Evidence Act, 1872, state that the responsibility to prove
that a defendant's case falls outside the legal case rests with him or her..

(i) UJK (Bombay) Ltd v. Bharti Matha Mishra

In this case, it was maintained that the term 'officer or company officer' applies
not only to an existing officer or employee but also to past officers or employees
where that officer or employee

· Improperly acquired any property, or

· You reserve unfairly resigned after the termination of your employment.

The expression would also include 'heirs of the law or his representatives.' It was
held in court that the penalties should not be taken lightly with the help of
speculation, assumptions and consequences that could be done with the
intention of prosecuting those persons for which the prosecutor is not intended
by the treaty and initiation of prosecutions would be a violation of Art 21 of the
Constitution.

(ii) Virtual Soft Systems Ltd v. CIT

The questions that arose before the High Court in the case before the
amendments to the Finance Act 2002 with effect from 1 April 2003 are:
· What was meant by the expression ‘more than any tax paid’ in the imposition of
§ 27 (1) (c) (iii)?
· What was meant by the term ‘total income’ in definition 4 (a) in it?

To allow for appeals, it was maintained by the court that the declaration of
punishment was the first and last to be considered and the imposition of
punishment must be taken within the term and language of a particular law. §
271 of the Act is a punitive provision and there are rules set out to interpret that
punitive provision. Such provision should be taken firmly and concisely and not
widely; for the purpose of furthering the purpose and objective of the legislature.

(iii) Municipal Corpn of Delhi v. Laxmi Narain Tondon

In this case, the definition of ‘sale’ in the Prevention of Food Reduction Act of
1954 was taken in the sense of considering the harm intended to be remedied. It
was held that the ‘sale’ in the Act would include all commercial activities where
under the disputed food clause was provided for the use of one person to
another. Therefore, the supply or delivery of food to the hotel owner to the
customers where the combined payment was made for accommodation and
other services involving food fell within the definition.

(iv) Tolaram v. Bombay situation

In this case, section 18 of the Bombay Rents, Hotels and Lodging Houses Rates
(Control) Act 1947. This section provided that 'if the landlord receives a fine,
payment or other amount such as a lump sum or deposit or other consideration
other than the normal rent in respect of the grant, renewal or continuation of the
lease of any foundation, the landowner will be punished. ' It was upheld by the
Supreme Court that this section does not preclude the seizure of money by the
owner of an incomplete property in consideration.

PURPOSIVE INTERPRETATION APPROACH

It is not necessary for the courts to always approve interpretations that apply to
the defendant and not to the prosecutor but may also choose to interpret in
accordance with what is provided in the law. In the State of Maharashtra v. Tapas
D. Neogy the expression ‘what property’ in section 102 of Cr.P.C. it was
translated into a ‘bank account’ which is why the police officer investigating the
matter was entitled to demand the same. The principle was first explained by
James, LJ, who stated: “There is no doubt that all punishments must be strictly
enforced, which means that the court must consider the accused to be a criminal
offense, and you must not press words in any opinion; that there should be a
casus omissus; that this thing is very clear in the midst of the evil that should have
been included in the consideration.

In the case of Union of India v. Harsoli DevI The Constitutional Bench of the court
stated: Law by Tindal, CJ in the case of Sussex Peerage, (1844) 11 Cl & p. 85, still in
charge of this court. The above-mentioned law would apply: “If the words of the
law themselves are precise and unambiguous, then there is no further need to
interpret the words in their general sense. The words themselves acting in such a
case clearly indicate the intent of the legislator. ”

It is the basic principle of the construction of the principle that when the language
of the proclamation is clear and concise, the court should implement the
terminology used in the law and it would not be open to the courts to accept the
construction of speculation that such construction is highly consistent with the
provisions of the Act.
In Kirkness v. John Hudson & Co Ltd Lord Reid pointed out what is meant by
‘incomprehensible’ and held that - “provision is not confusing because it contains
a word in a different sense with different meanings and it can be difficult to find
any lengthy sentence that does not contain such a word. In my opinion, in my
opinion, it is only confusing if it contains a word or phrase in that context that can
have more than one meaning. "There is no doubt that it is a bed of truth if it goes
beyond a clear definition of the language of the principles, leading to confusion,
injustice and persuasion, then the court may consider the purpose of the system
presented to us and try to give meaning, which will adhere to the purpose of the
law.
 CONCLUSION

Maxwell identifies four aspects of the rule that penal statutes must be strictly
construed:
1. the requirement of express language for the creation of an offence;

2. strict interpretation of the words setting out an offence;

3. fulfilment to the letter of statutory conditions precedent to the infliction of

punishment;

4. strict observance of technical provisions concerning criminal procedure and

jurisdiction. As per these rules and my own understanding A statute may in
certain aspects be a penal enactment and in certain others a remedial one. In
respect of those provisions which are sanctioned on the pain of punishment for a
crime the rule of strict construction in the limited sense may be applied. At any
rate, as undue effort to construe such a provision liberally to promote the
beneficent purpose behind it may be effectively counter balanced on
consideration that a breach thereof leads to penal consequences.
 Bibliography

• http://lexquest.in/a-glimpse-on-remedial-and-penal-statutes/
• http://www.legalservicesindia.com/article/article/remedial-and-penal-
statutes-1470-1.html