ISSN JOURNAL

V P SARTHI BOOK

N S BINDRA’S INTERPRETATION OF STATUTES

RUC – Read, Understand, Conclude

READ WORDS- clear-apply as it is; unclear-use logic or tools of interpretation

UNDERSTAND- legal language, legislative intent and purpose

CONCLUDE – apply the understanding to the case

SALMOND – “the essence of law lies in the spirit, not its letter, for the letter is significant only
being the external manifestation of the intention that underlies it”

“by interpretation or construction is meant, the process by which the courts seek to ascertain
the meaning of the legislature through the medium of authoritative form in which it is
expressed”

LORD DENNINGS IN SEAFORD COURT ESTATES LTD. Vs. ASHER - “ English knowledge is not an
instrument of mathematical precision. It would certainly save the judges from the trouble if the
acts of parliament were drafted with divine precision and perfect clarity. In the absence of it,
when a defect appears, judges cannot simply fold hand and blame the draftsman.”

 Some laws are stuck down by the court like law of adultery, section 377
 Why do we need interpretation of statues.? We need the law to ensure that equity is
maintained, there is no violation of laws
 - Legislative language: legislative language may be complicated for a layman and
hence may require interpretation. The layman does many laws in the ignorance of
law, ignorance of law is no excuse is applied on them but they say that they don’t
know about the law.
- Legislative Intent- The intention of legislature or legislative intent assimilates two
aspects:
i. The concept of ‘ meaning’ i.e. what the word means ; like what it includes( example
article 21, it includes many more things )
ii. The concept of ‘purpose and ‘object’ of the statute or ‘reason’ or spirit’ pervading
through the statue
Necessity of interpretation would arise only where the language of a statutory
provisions is ambiguous , not clear.

 R.S. NAYAK
 We need to have understanding of statutes in proper manner. If the statue is clear, then
the court will apply the meaning as it is. The right to appeal is a part of fundamental
right of a person. Even the statue is clear, 1984 (simple words) but in 1988 (same old
language).
 “…If the words of the statute are clear and unambiguous. It is the plainest duty of the
court to give effect to the natural meaning of the words used in the provision. The
question of construction arises only in the event of an ambiguity or the plain meaning of
the words used in the statute would be self-defeating” (para 18)
 1988: “ finality is a good thing, but justice is better”.

 GRASIM INDUSTRIES LTD. V. COLLECTOR OF CUSTOMS, BOMBAY, (2002)4 SCC 297

 “ Where the words are clear and there is no absurdity, and there is no ambiguity and
the intention of the legislature is clearly conveyed, there is no scope for court to take
upon itself the task of amending or altering the statutory provisions”
  The court said that where the words is clear and no ambiguity, then there is no scope
for the court in altering the provisions.

In 1985, the Mohd. Admed khan v. shah bano begum, they made a law the muslim
women( Protection act for divorce women) 1986.

Then the case again went to court in the case of Latifi v Union of India, this law was asked to
struck down and said that the husband is liable to make reasonable and fair provision for the
future of his divorced wife extending beyond the iddat period.It asked to take care of the need
of those women for the rest of the life. The court said that as far as section 125 is concerned
then this applies to everyone irrespective of religion. The right to maintainence must be for
more than the iddat period and not just that period of time.

STATUTES

How to read statute?

1. Must be read in context

2. Should be construed in order to make it effective and workable.
3. Both literal and purposive approaches

What is a statute?

Typically, statutes command or prohibit something, or declare policy. The work is often used to
distinguish law made by legislative bodies from the judicial decisions of the common law and
the regulations issued by government agencies- BLACK’S LAW DICTIONARY.

Will of the legislature conveyed in the form of the text. Differ from the judicial decisions
constitution does not define statute but it does define law. Article 13(3)(a); customs
interpretation. Article 13, article 25. “ every statute is a law but every law is not a statute”.

Classified in 3 types of statute

1. Duration
 2. Nature of operation
3. Object and extent of application
Based on these the court are able to identify the context and make thing more effective
and workable.

1. DURATION – temporary/perpetual
i) Perpetual statute- it is perpetual when no time is fixed for its duration and such
a statute remain in force until its repeal which may be express or implied.
(government repealed the MRTP act and came with a new competition act law).
ii) Temporary statute- a statute is temporary when its duration is only for a
specified time and it expires on the expiry of the specified time unless it is
repealed earlier. (AspA, ORDINANCES, Kerala epidemic disease)

Court on Temporary statute

STATE OF ORISSA V. BHUPENDRA KUMAR BOSE, 1962 AIR 954- There was a certain dispute
regarding election /municipality related elections (regarding age). The general rule with regard
to temporary statutes is that, in the absence of a special provision to the contrary proceedings
being taken under it against a person will ispo facto terminate as soon as the statute expires.
But, if the right created by the statute of an enduring character and has vested in the person,
that right cannot be taken away simply because the statute has expired. The rights created by
the ordinance lasted even after the ordinance lapsed as its object was to remove the invalidity
permanently.

2. NATURE OF OPERATIONS
 Prospective statutes – A statute which operates upon acts and transactions which have
not occurred when the statutes takes effect, that is which regulates the future is a
Prospective statute.
 Retrospective statute- Every statute takes away or impairs vested rights acquired under
the existing laws or creates a new obligated into a new duty or attaches a new disability
 in respect of transactions or consideration already passed are deemed retrospective or
retroactive statute.

Constitution 20(1) No person shall be convicted of any offence except for violation of a law in
force at the time of the commission of the act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force at the time of
the commission of the offence.

Civil obligation can be imposed retrospectively.

The Karnataka schedule caste and scheduled tribes(prohibition of transfer of certain land) act
1978. It is an act to provide for the prohibition of transfer of certain lands granted by the
government, to persons belonging to the scheduled castes and scheduled tribes in the state,
which means any land granted to the landless agricultural laborers belonging to scheduled
castes and schedules tribes, cannot be purchased. Provisions of this act override any other act.
Anyone who purchase such a property will not get clear and marketable title; such property will
be eventually acquired by government and returned to the original owner without any
compensation to the purchaser. This law which was introduced in 1978 is retrospective in
nature and is considered an ex-post facto law.

HITENDRA VISHNU THAKUR V. STATE OF MAHARASTRA - A statute which affects substantive

rights is presumed to be prospective in operative unless made retrospective, either expressly or
by necessary intendment, whereas a statute which merely affects procedure, unless such a
construction is textually impossible is presumed to be retrospective in its application, should
not be given an extended meaning and should be strictly confined to its clearly defined limits.

 DIRECTORY STATUTES- A directly statute is generally affirmative in its terms,

recommends a certain act or omissions, but imposes no penalty on non-observance of
its provisions. (DPSPs, policies)
  MANDATORY STATUTES- A mandatory statute is one which compels performance of
certain acts and directs that a certain thing must be done in a certain manner or form.

D.A KORGAONKAR . THE STATE OF BOMBAY, Bombay High Court, 1956 AIR 1958 Bom 167

In order to determine whether a provision is mandatory or directory in character is to consider

whether the non-compliance of a particular provision cause inconvenience or injustice and if
does then the court would say that that provision must be complied with and that it is
obligatory in its character.

CRAWFORD- “a statute, or one or more of its provision, may be either mandatory or directory.
While usually in order to ascertain whether a statute is mandatory or directory, one must apply
the rules related to the construction of statutes; yet it may be stated, as a general rule, that
those whose provision relate to the essence of the thing to be performed or to matter of
substance, are mandatory, and those which do not relate to the essence and whose compliance
is merely a matter of convenience rather than of substance, are directory.

When the statute is passed for the purpose of enabling something to be done and prescribes
the formalities which are to attend its performance, those prescribed formalities which are
essential to the validity of the things which are done are called imperative or absolute, but
those which are not essential and may be disregarded without invalidating the things to be
done are called directory statutes.

 In order to determine whether a provision is mandatory or directory in character is to consider

whether the non-compliance of a particular provision cause inconvenience or injustice and if
does then the court would say that that provision must be complied with and that it is
obligatory in its character.
 CHANDRIKA PRASAD YADAV v. STATE OF BIHAR (AIR 2004 SC 2036) – Supreme Court held
that the nature of any statute could be determined from its purpose and object. In respect to
the performance of statute following of statute following word are used-

 Shall
 May
 Must
 It shall be fill and
 As he deems fit, etc.

In LILA GUPTA V. LAXMI NARAIN, the court was interpreting the proviso to section 15 of the
Hindu Marriage Act 1955 (which was repealed in 1976). The expression read as follows-
“Provided that it shall not be lawful for the respective parties to marry again unless at the date
of such marriage at least one year has elapsed from the date of the decree in the court of the
first instance”. The court observed that when a statute prohibits a certain thing being done,
thereby making it unlawful without providing for the consequence of the breach, it was not
legitimate to say that such a thing when done was void because that would be tantamount to
saying that every unlawful act is void. On the basis of this reasoning, the court held that a
marriage in violation of that proviso would not be a nullity, irrespective of the use of the word
‘shall’ in the provision.

 OBJECT AND EXTENT OF APPLICATION

https://blog.ipleaders.in/enabling-statute-5-case-laws/

1. Enabling statutes- These statutes are which enlarges the common law where it is too
strict or narrow. It is a statute which makes it lawful to do something which would not
otherwise be lawful. Examples of enabling statute include Acts proving compulsory
acquisition of land for public benefit; or Section 49 A and Section 49-A(2) of Advocates
Act amended by Act 21 of 1964. Disaster management act, it is illegal for government to
ask people not to move but here like during Covid government has been empowered to
take certain rights.
 2. Disabling statutes – These statutes restrict or cut down rights existing at common law.
FERA FEMA
3. Permissive statute- This type of statute allows certain acts to be done without
commanding that they be performed. Rehabilitation and Resettlement policy, usage of
the word may
4. Prohibitory statute – This type of statute which forbids the doing of certain things.
PCPNT ACT, 1994, Surrogacy Bill, 2019
5. Codifying statute – It present an orderly and authoritative statement of the leading
rules of law on a given subject, whether those rules are to the found in statute law or
common law.
6. Consolidating statute- The purpose of consolidating statute to present the whole body
of statutory law on a subject in complete form repealing the former statute. Indian
Penal Code, CRPC, CPC, etc.
7. Curative or validating statute – It is passed to cure defects in the prior law and to
validate legal proceedings, instruments or acts of public and private administrative
powers which in the absence of such statute would be void for want of conformity with
existing legal requirement but which would have been valid if the statute has so
provided as the time of enacting.
8. Repealing statute – A statute which either expressly or by necessary implication revokes
or terminates another statute is a repealing statute. Competition act, 2002
(s.66), companies act 2013 repealed 1956 s.465
9. Amending statute – it is a statute which makes and addition to or operates to change
the original law so as to effect an improvement or more effectively carry put the
purpose for which the original law was passed. CAA
10. Remedial statutes- Maternity benefits act, 1961, workmen’s compensation act,1923
11. Declaratory statute

https://www.thehindu.com/opinion/lead/the-four-phases-of-constitutional-interpretation/
article30653706.ece
 SUPREME( PRIMARY) AND SUBORDINATE/ DELEGATED LEGISLATION (SECONDARY)

Hart-P & sec rules- concept of law

Football is to be played by a kick( but that’s not enough we need some subordinate legislation
to back up)

Secondary rules: commissioners, referees- rules about rules. Remedies the ‘defects’ in the
primary rules. Naturally developed as a solution.

Delegated legislation” means exercising of legislation power by an agent who is lower in rank
to the legislature, or who is subordinate to the legislature. Example- By-laws of autonomous
bodies, bylaws of the local authority rules of the supreme court.

Advantages- complexity of modern administration, reduce workload, decentralized making,

technical aspects, flexibility, emergency, experiment.

 M P JAIN, this term can be used in two senses:

- Exercise by subordinate agency or agency this is lower in rank to legislature
delegated to it by the legislature.
- The subsidiary rules made by the subordinate authority in the execution of the
power bestowed on it by the legislature. All the bylaws of municipalities,
panchayats.

D. S GREWAL V. THE STATE OF PUNJAB, 1959 – CONSTITUTION OF INDIA- ARTICLE 312of the
constitution, the aggrieved person was dismissed from his services, he said in the court that this
was excessive discretion of the union. Court said the provision was clear and it gives power to
the government through delegation and it has the authority to terminate the services of that
person.

SIKKIM V. SURENDRA SHARMA, 1994 AIR 2342 - Directorate of survey and settlement of
government of Sikkim created and advertised for certain posts, government fired the
employees from the service on the ground that they were not locals, so the court said that this
kind of approach of the government is not fair as far as the locals and non- locals is concerned.
 IN RE THE DELHI LAWS ACT,1912 1951 AIR 332

Presidential reference u/a. 143

(A) Delhi laws act (13 of 1912), S.7, Y
(B) Ajmer –Merwara (Extension of Laws) Act (52 of 1947),S.2 and Y
(C) Part C States (Laws)Act (30 of 1950, S.2 are scrutinized by the court for their
constitutionality.
President referred the matter to supreme court and asked whether these acts give union
government the powers without any due process to be follower. The powers can be
delegated.

G.T GIRISH V. SUBBA RAJU,2022 LIVE LAW (SC) 61 – The supreme court held that subordinate
legislation in the form of statutory rules is a ‘law’ under Section 23 of the Indian Contract Act.
Section 23 of the contract act states that the consideration or object of an agreement is lawful,
unless it is forbidden by law. The court was considering an appeal that arose from a specific
performance suit in which the defendant pointed out that Bangalore Rules of Allotment, 1972
Rule 18(2) had an embargo against alienation for a period of ten years and therefore the
contract is not lawful. The issue raised was whether the enforcement of an agreement to sell
expressly or impliedly, lead to palpably defeat this rule.

 DIFFERENCE BETWEEN INTERPRETATION OF THE STATUTE AND CONSTRUCTION OF THE

STATUTE.
Construction is the activity of putting these words (of the interpretation) into legal effect.
Constitutional construction should be as constrained by original purpose or original goals as
constitutional interpretation is constrained by original meaning.
 INDRA SAWHNEY vs. UNION OF INDIA AND OTHER, AIR 1993 SC 477, case brought reservation
in India( 50%). We must not end up giving them undue advantage. Once a person has taken the
advantage of the reservation and taken the economic status so next person in the family must not
be eligible for reservation in that field. The economic criterion is an important one and must be
applied in determining backward class and also for excluding those sections or identified groups
who may for the sake of convenience be referred to as the ‘creamy layer’.
 MANEKA GANDHI case – the mere prescription of some kind of procedure cannot even meet
the mandate of article 21. The procedure prescribed by law has to be fair,just and reasonable, not
fanciful, oppressive or arbitrary. The question whether the procedure prescribed by the law which
curtails or takes away the personal liberty guaranteed by art 21 is reasonable or not has to be
considered not in the abstract or on hypothetical consideration like the provision for a full-
dressed hearing as in a court room trial but in the contest, primarily, of the purpose which the act
is intended to achieve and of urgent situations which those who are charged with the duty of
administering the act may be called upon to deal with.
 KESHAVNANDA BHARTI CASE

# INTERPRETATION OF CONSTITUTION

Constitution tries to give an authoritative meaning of interpretation to the law. Custodian of

conscience of constitution.

 JUDICIAL ACTIVISM- roots in judicial interpretation

 A K GOPALAN V. SATE OF MADRID – Procedure established by law – not open to
scrutiny of constitution.
 A.368 – Amendment of constution
 SAJJAN SINGH vs. S.O. RAJ – these amendments are not- la as per A.13. This ‘power ‘
different from Article.13, constituent power & not legislative power conferred by the
constitution itself. So it can amend Fundamental Rights as well.
 SHANKAR PRASAD CASE- ‘power’ A.368- absolute / Parliament – can amend
fundamental rules as well.
JUDICIAL RESTRAIN

Indian Supreme court Justice Dwivedi, - “ The complex mixture of political activity and political
values of many of the basic social choice, the court cannot assume this function. The court in the
absence of any clear evidence of constitutional standards and adequate conditions, the basic value
of this trade-off is necessarily subjective of the court’s decision and thus inevitably subject to
personal preference of judges. The judge’s subjectivity and thus reduce the legal certainty, and
certain the nature of the rule of law is not of the element. In fact, if a little of the supreme court in
the basic issue of constitutional ruling, the judge can be found in a number of different basic
constitutional issue, such as the constitutional right of congress , federal relations, presidential
power such as the above there are different views and opinions.”

Examples of judicial restrain. Idea of separation of powers

 S.R.BOMMAI V. UNION OF INDIA- The court when caught in a paralysis f dilemma

should adopt self- restraint, it must use the judicial review with greatest caution. In
clash of political forces in political statement the interpretation should only be in rare
and auspicious occasions to nullify ultra vires order in highly arbitrary or wholly
irrelevant proclamation which does not bear any nexus to the predominant purpose for
which the proclamation was issued, to declare it to unconstitutional and no more.
 STATE OF RAJASTHAN V. UNION OF INDIA- under our system, quest for political power
through formation of several political powers with different socioeconomic policies and
programmes and ideologies is legal. Hence, a mere attempt to get more political power
for a party as means of pursuing the programmes of that party, as opposed to that of
other parties is not constitutionally prohibited or per se illegal. It is object of every
democratic constitution to give such opportunities. Article 356 (1) of the constitution
calls for an assessment of “a situation”. In so far article 356(1) may embrace matters of
political executive policy and expediency, courts cannot interfere with these unless and
until it is shown what constitution provision the president is going to contravene or has
contravened on attempted grounds of action under article 356(1).
  ALMITRA H. PATEL Vs. UNION OF INDIA – Historic city of Delhi the India is one of the
most polluted cities in the world. The authorities, responsible for pollution control and
environment protection have not been able to provide clean and healthy environment
to the residents of Delhi. The ambient air is so much polluted that it is difficult to
breathe. More and more Delhities are suffering from respiratory diseases and throat
infections. River Yamuna the main source of drinking water supply is the free dumping
place for untreated sewage and industrial waste. Apart from air and water pollution, the
city is virtually an open dustbin. Garbage strewn all over Delhi is a common sight. The
Municipal Corporation of Delhi (MCD) constituted under the Delhi Municipal
Corporation Act, 1957 (Delhi Act) and the New Delhi Municipal Council (the NDMC)
constituted under the New Delhi Municipal Council Act, 1994 (New Delhi Act) are wholly
remiss in the discharge of their duties under law. Municipal commissioner, who worked
in the field and in the office with dedication resulted in not only eradicating the plague
and cleaning up Surat but gave the city of Surat the distinction of being the second
cleanest city in the whole India. The people of Surat who threw garbage all around were
so affected by the tireless effort of one person that they themselves have now become
zealous guardians of their new found clean city of Surat. This shows what one man as a
head of the organization like Municipal Corporation, with selfless zeal, initiative and
dedication and without allowing any outside interference can achieve by motivating his
employees to clean up the city while acting fairly, justly and efficiently within the four
corner of the law. Hence it is needless to say that the violation of the directions issued
by this court shall be viewed seriously.

RULES OF INTERPRETATION

1) LITERAL RULE OF INTERPRETATION - Interpretation should be given in the plain

grammatical meaning which is applicable. Court will look at the word or provision as it is, it
will not apply its mind in the provision at all.
 LR- plain and grammatical meaning

Advantages – parliamentary supremacy, law becomes predictable, more understandable

and quick, cutting judicial activism.

Disadvantages – absolute power to parliament, intention not adapted

Example-Tripling on the bike, whether is it illegal as per the law always.

EPURU SUDHAKAR & ANR vs. GOVERNMENT OF A.P & ORS - whenever a person is given a
death sentence, in those situations, the president at the central level and the governor in
the state level is given the power to spare the person from such punishment by article 72
of the constitution. The court cannot substitute its judgement for the judgement of
administrative in such cases. Only when the action of the administrative authority is so
unfair or unreasonable that no reasonable person would have taken that action, can the
court intervene. The position, therefore, is undeniable that judicial review of the order of
the President or the Governor under Article 72 or Article 161, as the case may be, is
available and their orders can be impugned on the following grounds:

a) That the order has been passed without application of mind;

b) That the order is mala fide;
c) That the order has been passed on extraneous or wholly irrelevant considerations;
d) That relevant materials have been kept out of consideration.

2) GOLDEN RULE OF INTERPRETATION

 Krishna Iyer said – This can be used as exception to literal rule
 To explore intention, clear language, remove the ambiguity
 Advantages- rule of law will prevail and parliament would not be given a free hand, error in
drafting can be remedied as the court can choose between the two or more meanings.
 Disadvantage- separation of power and gives a free hand to judiciary in terms of
interpretation
 BUT: IT IS ONLY AN EXCEPTION

 Narrow application- concerning between the use of words, it the court has the choice as
far as the word in the statute is concerned that would do better justice then it will be
taken. Choice between two or more meanings ( if the plain meaning is ambiguous, vague or
misleading)
 Wider application- resolve absurdity (if application of literal rule results in ambiguity)
 Golden rule is built up on the literal rule. Golden rule replaces literal rule.

 R VS. ALLEN,1872

Married another person, was charged with section 57 which criminalize the offence of
bigamy. The defendant was charged with an offence of bigamy under section 57 of the
offences against the Person Act 1861. The statute states “whomsoever being married shall
marry any other person during the lifetime of husband and wife is guilty of an offence”.

Under the literal rule of interpretation of this section, the offence would be impossible to
commit since the civil law will not recognize a second marriage as an attempt to marry in
such circumstances would not be recognized as a valid marriage.

Court applied the golden rule and held that the word marriage should be interpreted as ‘to
go through a marriage ceremony’. The defendant was convicted and held guilty.

This case is seen as the case where the golden rule of interpretation got it genesis.

 LORD WENSLEYDALE GREY V. PEARSON

I have been long and deeply impressed with the wisdom of the rule, now I believe
universally adopted at least in the courts of law in Westminster Hall that in construing wills,
and indeed statutes and all written instruments, the grammatical and ordinary sense of the
words is to be adhered tp, unless that would lead to some absurdity or some repugnance
or inconsistency with the rest of the instrument, in which case the grammatical and
 ordinary sense of the words may be modified, so as to avoid that absurdity and
inconsistency, but no further.

It is a very useful rule in the construction of statute to adhere to the ordinary meaning of
the words used, and to the grammatical construction, unless that is at variance with the
intention of the statute.

 https://www.coursera.org/lecture/chemerinsky-on-constitutional-law-structure-of-
government/interpretive-limits-on-the-judiciary-3LVLK
 http://assets.press.princeton.edu/chapters/s7991.pdf
 https://www.livelaw.in/top-stories/supreme-court-section-23-contract-act-law-
subordinate-legislation-rules-189791
 https://www.lawctopus.com/academike/golden-rule-interpretation/#:~:text=servant
%20was%20essential.-,The%20golden%20rule%20is%20that%20the%20words%20of%20a
%20statute,derived%20to%20express%20this%20intention.
 https://www.manupatra.com/roundup/338/Articles/Literally%20interpreting%20the
%20Law.pdf

 M. V. JOSHI-

He was convicted under s.16(1) read with s.7(1) of Prevention of Food Adulteration Act,
1954. It was contended i) that butter prepared from curd was not butter within the
meaning of article-11, 0.5 of the appendix B to the Rules which defined butter to mean ‘the
product prepared exclusively from milk or cream, and ii) that the butter was not
adulterated as no foreign article had been added to it. It was held that the appellant had
been rightly convicted.

The plain meaning of the words used in the rule indicated that butter prepared from milk
or cream, by whatever process, was comprehended by the definition. Even where milk was
first converted into curd and then butter prepared therefrom, the butter was still prepared
from milk.
 Selling butter below the prescribed standard amounted to selling adulterated butter.

 TEJ KIRAN-

The appellant filed a suit for damages in respect of defamatory statements alleged to have
been made by the respondents, who were members of parliament, on the floor of the Lok
Sabha during a calling attention motion.

The article confers immunity inter alia in respect of “anything said………………in Parliament”.
The word “anything” is of the widest import and is equivalent to “everything”. The only
limitation arises from the words ‘in parliament’ which means during the siting of
parliament and in the course of the business of parliament. Once it was proved that
parliament was sitting and its business was being transacted, anything said during the
course of that business was immune from proceedings in any court.

 B.N. MUTTO & ANR vs. T.K. NANDI

There were some provisions in the act where the landlord can recover the possession of
the house. Government was trying to give the housing to those people who were even not
the government employees. Can the government evict those people who are not
government employees? In the section it was only written person and not government
employees which was the problem.

Section 14 of the Delhi Rent Control Act, 1958 prohibits a court from making any order or
decree in favour of a landlord for recovery of possession of any premises except under
certain circumstances.

The word “person” in the definitions of “proprietor” and “tenure-holder” contained in

a.2(o) and s.2(r) respectively of the Bihar Land Reform Act, 1950, includes companies
incorporated under the Indian Companies Act, 1913. There is nothing repugnant in the
subject or context of the Act to prevent the inclusion of a company within the terms
“proprietor” and “tenure-holder”.

 S NARAYANASWAMI vs. GPANNERSELVAM –

 The legislative history of the article also shows that the omission by the constitution
makers or by parliament, to prescribe graduation as a qualification of the candidates from
the Graduates’ constituency, was deliberate. It is true that a constitution should be
interpreted in a broad and generous spirit, but the rule of “plain meaning” or “literal”
interpretation could not altogether be abandoned.

 MOTIPUR ZAMINDARI V …………- can companies be considered under the Bihar Land
Reform act 1950
 SIGSWORTH, RE, BEDFORD v. BEDFORD (1935; ch 89 ) – The court was asked to answer a
question on the assumed premise that a woman had been murdered by her son and had
died intestate. The question for decision was whether the forfeiture rule prevented the son
from benefiting under the intestacy provisions of the 1925 act.

HELD: (Clauson J )A person cannot bring an action based on his own wrong. As to the
doctrine of judicial precedent ‘ we fill in the gaps’.

 UTTAR PRADESH BHOODAN YAGNA SAMITI v. BRIJ KISHORE , 1988 AIR 2239 – the
Supreme Court held that the expression “landless person” used in section 14 of the ‘UP
Bhoodan Yagna Act, 1953’, which made provision for grant of land to landless , was limited
to “landless labourers”. Landless Labour is he who is engaged in agriculture but having no
agricultural land. The court further said that “any landless person” did not include a
landless businessman residing in a city. The object of the act was to implement the
Bhoodan movement, which aimed at the distribution of land to landless labourers who
were verged in agriculture. A businessman, though landless cannot claim the benefit of act.

The expression landless person could be understood as contemplated under section 14.
Section 14 was amended in 1975 to substitute the words landless agricultural labourers in
place of ‘landless persons’. The objects and reasons contained in the amendment Bill
clearly go to show that it was because of such errors committed that it became necessary
to make this amendment.
 STATE OF PUNJAB vs. MST. QAISAR JEHAN BEGUM AND ANR – The scheme of the act
requires that before applying for reference under s.18, the parties concerned must have
knowledge of the essential contents of the award and in the present case the petitioners
though they had come to know of the award earlier did not know the essential contents of
the award till 22,1955, therefore, the period of six months contemplated in the second part
cl.(b) of s.18 would commence from that date and the application for reference was within
time.

3) THE MISCHIEF RULE (HEYDON’S CASE,1584)

 What was the common law before the making of the Act?
 What was the mischief and defect for which the common law did not provide?
 What is the remedy now provided by the act of parliament to deal with mischief or defect
for which the common law did not provide a cure?
 The true reason of the remedy
 MISCHIEF RULE

What the parliament MEANT

Concerns with the mischief that statute tries to correct. Wordings are not as relevant. Can
refer to the earlier laws.

 THE BENGAL IMMUNITY COMPANY vs. THE STATE OF BIHAR AND OTHERS-

The mischief in this case was double taxation. A notice under s.13(5) of the Bihar Sales Tax
Act, 1947, was issued by the Bihar Sales Tax authorities calling upon the appellant company
to apply for registration and to submit returns showing its turn over for a period between
the 26th of January,1950 and 30 th September,1951. The appellant company denied its
liability on the ground inter alia that it was not resident in Bihar, it carried on no business
there and none of its sales took place in Bihar. It characterized the notice under s.13(5) as
ultra vires and illegal and called upon the Sales Tax authorities to cancel it forthwith. The
Bihar Sales Tax authorities maintained that all sales in West Bengal or in any other state
under which goods had been delivered in the state of Bihar as a direct result of the sale.

In order to properly interpret the provision of that article it is, therefore, necessary to
consider how the matter stood immediately before the constitution came into force, what
the mischief was for which the old law did not provide and the remedy which has been
provided by the constitution to cure that mischief.

This in clause (1) (a) of article 286 the question of the situs of a sale or purchase engaged
their attention and they forged a fetter on the basis of such situs t cure the mischief of
multiple taxation by the states on the basis of the nexus – theory. In clause (1) (b) they
considered sales or purchases from the point of view of our foreign trade and placed a ban
on the states taxing power in order to make our foreign trade free from any interference by
the states by way of tax impost.

 KANWAR SINGH vs. DELHI ADMINISTRATION-

 Section 99 of Indian Penal Code gave power to Delhi Municipal Corporation Act, to
impound the cattle.

There were two types of cattle – “stray and owned” and “stray and ownerless”. In the case
the word used was “abandoned” so how will this be interpreted. Those cattle which they
took belonged to the appellants, so the people thought that the officials are taking them
forcefully so they started beating them with lathis and they received injuries. It was
contended on behalf of the appellants that there was no proper delegation of authority to
impound cattle in favor of the persons forming the raiding party, by the commissioner,
whose personal presence to supervise the exercise of the delegated authority was, in any
case required by the very order delegating the authority.

It is the duty of the court in construing a statute to give effect to the intention of the
legislature. If, therefore, giving a literal meaning to a word used by the draftsman,
particularly in a penal statute, would defeat the object of the legislature, which is to
suppress a mischief, the court can depart from the dictionary meaning or even the popular
meaning of the word and instead give it a meaning which will advance the remedy and
suppress the mischief.

 R.M.D. CHAMARBAUGWALLA vs. THE UNION OF INDIA,

 PANDURAN DAGADU PARTE vs. RAMCHANDRA BABURAO HIRVE – disqualification of the

members under the municipal corporation act of Maharashtra. People fought for elections
for the post of counselor etc. when the results were declared then those independent
candidates after winning made Aghadi, that group supported a particular political party. So
it seemed like it was a pre-planned this. This is not applicable in the municipality
corporation. This aghadi will not be considered here. The mischief was defection. The
disqualification rule was applied here. Councillors, in which capacity they were elected,
would tantamount to their joining the Aghadi and would squarely fall within the mischief of
 section 3(2) of the act. For the very same reasons, we are inclined to hold that the term
‘Aghadi’ or ‘front’ would not only include Aghadi or fronts which had been formed prior to
the holding of elections but would also include Aghadi or front which has been formed
after the holding of elections. This interpretation is the only interpretation which will
further the aim and object of the enactment and will prevent the mischief sought to be
avoided.

WORDS

 Literal rule- applying the word as it is in plain and grammatical meaning

 Golden rule- exception to LR if it leads to absurdity

INTENTION

 Mischief rule- problem that enactment seeks to resolve “problem”

 Purposive rule- objects, aims or purpose of the enactment. Evolution of law, tracing of
mischief/problem, giving effect to aims and objectives of the enactment.

 JUSTICE K.S. PUTTASWAMY vs. UNION OF INDIA-

We have a written constitution which guarantees human rights atht are contained in Part III
with the caption “Fundamental Rights”. One such right enshrined in article 21 is right to life
and liberty. Right to life is given a purposive meaning by this court to include right to live
with dignity. It is the purposive interpretation which has been adopted by this court to give
a content of the right to human dignity as the fulfilment of the constitution value enshrined
in article 21. This human dignity is a constitutional value and a constitutional goal.
4) HARMONIOUS CONSTRUCTION

 Between two or more statutes

 Between two or more provisions
 When there is a conflict between two or more statutes or two or more parts of a
statute.
 The legislature could not have tried to contradict itself. It can be assumed that if the
legislature has intended to give something by one, it would not intent to take away with
the other hand as both the provision have been framed by the legislature and absorbed
the equal fore of law.
 Why is harmonious construction necessary? It leaves everyone happy, avoid the
absurdity.
 When two or more provisions of the same statute are repugnant to each other, then in
such a situation the court, if possible, will try to construe the provisions in such manner
as to give effect to both the provisions by maintaining harmony between the two.
 Harmonious construction should be applied to statutory rules and courts should avoid
absurd or unintended results. It should be resorted to making the provisions meaningful
in the context. It should be in consonance with the intention of Rule makers. Rule of
Harmonious construction is applicable to subordinate legislature also.

SRI SANKARI PRASAD SINGH DOE vs UNION OF INDIA – in which court tried to pass
haramony between article 13 –(law and fundamental rule) and article 368( Amend
Fundamental rules). In short , we have here two articles each of which is widely phrased,
but conflicts in its operation with the other. Harmonious construction requires that one
should be read as controlled and qualified by the other. Having regard to the considerations
adverted to above, we are of opinions that in the context of article 13 “law” must be taken
 to mean rules or regulations made in exercise of ordinary legislative power and not
amendments to the constitution made in exercise of constituent power, with the result that
article 13(2) does not affect amendments made under article.

PADIT M. S. M. SHARMA vs. SRI KRISHNA SINHA-

The petitioner, the Editor of the English daily newspaper, was questioned by the legislative
assembly to show the cause before the committee of privileges of the assembly why
appropriate action should not be taken against him for the breach of privileges of the
speaker and the assembly for publishing in its entirely a speech delivered in the assembly by
a member thereof, portions of which were directed to be expunged by the speaker. It was
said it was a violation of his fundamental right to freedom of speech and expression under
article 19(1)(a).

It was said by the court that “in our judgement of harmonious construction must be
adopted and so construed , the provisions of art.19(1)(a), which are general, must yield to
article. 194(1).

PRINCIPLES:

1) Generalia Specilibus Don Derogant

Special law must make place for derogance.
2) Generalibus Specialia Derogant
Derogance must have a place for special law.
ISHWARI KETAN- There was a conflict between two laws which were U.P Sugar undertakings
( acquisition ordinances 1971(state law) and The Industries (Development and Regulation) Act,
as far as these two laws are concerned , they both deal with industry. They must only be guided
through the central law and now the state law. The court said that let us see the list. As far as
the schedule 7 is concerned, the power lies with more state and center.

IN RE: THE KERALA EDUCATION BILL- The directive principles of state policy have to conform
to and run as subsidiary to the Chapter on Fundamental Right. Nevertheless, in determining the
scope and ambit of the Fundamental Rights relied on by or on behalf of any person or body the
count may not entirely ignore these directive principles of State Policy laid down in Part IV of
the constitution but should adopt the principle of harmonious construction and should attempt
to give effect to both as much as possible.

P.S. SATHAPPAN (DEAD) BY LRS vs. ANDHRA BANK LTD. & ORS ON 7 TH OCTOBER, 2004,- It is
well established rule of interpretation that if one interpretation leads to a conflict whereas
another interpretation leads to a harmonious reading of the section, then an interpretation
which leads to a harmonious reading must be adopted. In the guise of giving a purposive
interpretation one cannot interpret a section in a manner which would lead to a conflict
between two sub-sections of the same section.

UNION OF INDIA & ORS vs. DILEEP KUMAR SINGH ON 26 TH FEBRUARY,2015- It is well settled
that the provision of the statute must be read harmoniously together. However, if this is not
possible then it is settled law that where there is a conflict between two sections, and you
cannot reconcile the two, you have to determine which is the leading provision and which the
subordinate provision, and which must give way to the other. This statement of the law is to be
found in INSTITUTE OF PATENT AGENTS & ORS vs. joseph lockwood, 1894. Lord Herschell L.C.,
stated this, as follows:-

“well, there is a conflict sometimes between two sections to be found in the same act. You have
to try and reconcile them as best you may. If you cannot, you have to determine which is the
leading provision and which the subordinate provision, and which must give to the other”
In the landmark case of CIT vs. HINDUSTAN BULK CARRIERS (2003), the Supreme Court laid
down five principles of rule of harmonious construction: -

 The courts must avoid a head on clash of seemingly contradicting provisions and they
must construe the contradictory provisions so as to harmonize them.
 The provision of one section cannot be used to defeat the provision contained in
another unless the court, despite all its effort, is unable to find a way to reconcile their
differences.
 When it is impossible to completely reconcile the differences in contradictory
provisions, the courts must interpret them in such a way so that effect is given both the
provisions as much as possible.
 Courts must also keep in mind that interpretation that reduces one provision to a
useless number or dead is not a harmonious construction.
 To harmonize is not to destroy any statutory provision or to render it fruitless.

THE LIFE INSURANCE CORPORATION vs. D. J. BAHADURE & ORS- There was this agreement,
there was an issue of sale from the side of appellants and there was a financial issue. Acc to the
agreement , they mention that if they had any dispute then the Kolkata high with have the
exclusive jurisdiction. In determining whether a statute is a special or a general one, the focus
must be on the principal subject matter plus the particular perspective. For certain purposes, an
Act may be general and for certain other purposes it may be special and we cannot blur
distinctions when dealing with finer points of law. In law, we have a cosmos of relativity, not
absolutes-so too in life.

There was an issue of revising the lisnece of a person under the MOTOR VEHICLE ACT, acc to
155(4), a preference would be given to state transporters above the private transporters.
RULE OF LANGUAGE/MAXIMS

 EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS – To express one is to exclude other,

therefore mention of one or more specific things may be taken to exclude other of same
type.

M/S SWASTIK GASES vs. INDIAN OIL CORP. –

When the clause is clear, unambiguous and specific accepted notions of contract would bind
the parties and unless the absence of as idem can be shown, the other courts should avoid
exercising jurisdiction. As regards construction of the ouster clause when words like ‘ alone’,
‘only’, ‘exclusive’ and the like have been used there may be no difficulty. Even without such
words in appropriate cases the maxim ‘expressio unius est exclusion alterius’- expression of one
is the exclusion of another- may be applied. What is an appropriate case shall depend on the
facts of the case. In such a case mention of one thing may imply exclusion of another. When
certain jurisdiction is specified in a contract an intention to exclude all others from its operation
may in such cases be inferred. It has therefore to be properly construed.

The endorsement ‘subject to anand jurisdiction’ does not contain the ouster clause using the
words like ‘alone’, ‘only’, ‘exclusive’ and the like. Thus the maxim ‘expressio unius est exclusion
alterius’ cannot be applied under the facts and circumstances of the case and it cannot be held
that merely because the deposit receipt contained the endorsement ‘subject to anand
jurisdiction’ it excluded the jurisdiction of all other courts who were otherwise competent to
entertain the suit.

The intention of the Parties-by having clause 18 in the agreement- is clear and unambiguous
that the courts at Kolkata shall have jurisdiction which means that the courts at Kolkata alone
shall have jurisdiction. It is so because for construction of jurisdiction clause, like clause 18 in
the agreement, the maxim expression units est exclsuio alterius comes into play as there is
nothing to indicate to the contrary. This legal maxim means that expression of one is the
exclusion of another.

MARY ANGEL & ORS vs. STATE OF TAMIL NADU-

The learned counsel for the appellants submitted that in criminal cases High Court has no
jurisdiction to impose costs except a provided under section 148(3), 342 & 359 of the CRPC,
empowering the court to impose costs and submitted that inherent powers of the court cannot
be exercised contrary to the said provisions. As against this learned Counsel for the respondent
submitted that while exercising its jurisdiction under section 483 of the criminal procedure code
the High Court has inherent jurisdiction to impose costs to prevent the abuse of the process of
law or otherwise to secure the end of justice. It is submitted that for one or other reason, the
accused prevented the sessions court from proceeding with the case and by suppressing the
previous order passed by the high Court, approached the court for quashing and setting aside
the charges framed against them.

I agree with what is said in the court below by Willa j about this maxim. It is often a valuable
servant, but a dangerous master to follow in the construction of statutes of documents. The
exclusion is often the result of inadvertence or accident, and the maxim ought not to be
applied, when its application having regard to the subject matter to which it is to be applied,
leads to inconsistency or injustice. In my opinion, the application of the maxim here would lead
inconsistency and injustice.

The maxim expression unius est exclusion alterius has its limited operation. Its operation is to
be restricted with regard to the sections which empower the court to grant costs in certain
cases by holding that for the cases mentioned in those sections, court cannot exercise its
inherent jurisdiction of granting costs or pass an order of granting costs in a method and mode
different from what is provided by the said sections.

Provisions sometimes found in statutes, enacting imperfectly or for particular cases only that
which was already and more widely the law, have occasionally furnished ground for the
contention that an intention to alter the general law was to be inferred from the partial or
limited enactment, resting on the maxim expressio unius, exclusion alterius. But that maxim is
inapplicable in such cases.

D.R. VENKATCHALAM & ORS vs. DY. TRANSPORT COMMISSIONER-

Public law, in our pie-bald economy and pluralist society, responds to societal challenges and
constitutional changes. To miss the ideology thrust of our constitution and the economic
orientation of our nation while construing legislation relating to public law and scanning them
for their validity is to failed in understanding the social philosophy that puts life and meaning
into provisions of the Act.

 NOSCITUR A SOCIIS – knowing with association

- LORD MACMILLAN : “ The meaning of the word is to be judged by the company it
keeps”
- Words must be construed in conjunction with the other words and phrases used
in the text. Legislative intent must be ascertained from a consideration of the
statute as a whole. The particular words, clauses and phrases should not be
studied as detached and isolated expressions.
- MUST/MAY
- Example-
1) Law – central government may impose separate taxes on OTT platforms. Like
‘A’ has a problem with content on Netflix , it hurts indian sentiment. Problem
is non-regulation & completely unaccountable. ‘A’ goes to the court & says
we should regulate them and Central government is liable since it is not
imposing taxes. Now the interpretation – Law says ‘may’. So, Central
Government is not obligated to impose taxes. Words are interpreted
according to other words In the provision.
 2) UCC NOTIFICATION – university shall give medical facilities to all the
employees and other. Now Hypothetically speaking, the student is not given
medical facilities. Interpretation says that the provision said “Others” so the
narrow interpretation says that who does not enjoy employees benefit.
Broader interpretation says everybody associated with the university must
be provided with those facilities.

 EJUSDEM GENERIS
- Off shoot of noscitur
- When particular words pertaining to a class, category or genus are followed by
general words, the general words are construed as limited to the things of the
same kind as those specified.
- Examples – Tomato, Spinach, radish cauliflower, cabbage,etc are liable to be
taxed upto 10 %.
- The Example- Fruit association enjoys above vegetable association says avove
appropriate on fruits. Now the interpretation says that tomato is not a
vegetable. However applying the above principle general meaning says that all of
these are vegetables.

- BLACK’S LAW DICTIONARY –

“The principle of Ejusdem Generis is where general words follow an enumeration
of persons or things by particular and specific words. Not only these general
words are construed but also held as applying only to persons or things of the
same general kind as those specifically enumerated.”
 Where a law lists specific classes of person or things and then refers to them in
general, the general statements only apply to the same kind of persons or things
specifically listed.

- If a law refers to automobiles , trucks, motorcycles and other motor- powered

vehicles, “vehicles” would not include airplanes, since the list was of land-based
transportation.
- Tuna, crab, hilsa and other animals, “animals” would nor include land animals as
the reference is to eatable aquatic animal only.

MAHARASHTRA UNIVERSITY OF HEALTH vs SATCHIKSTA PRASARAK MANDAL-

 Section 2(35) “teachers” means full time approved Demonstrators, tutors, assistant
lectures, lecturers reader, associate professors, professors and other persons teaching
or giving instruction on full time basis in affiliated colleges or approved institution in the
university.
 Section 53 of the said act provides that thee shall be grievances committee in the
university to deal with grievances of teachers and other employees of the university,
colleges, institutions and recognized institutions and to hear and settle grievances as far
as may be practicable within six months, and the committee shall make a report to
management council.
 This ejusdem generis principle is a facet of the principle of Noscitur a sociis. The latin
maxim Noscitur a sociis contemplates that a statutory term is recognized by its
associated words. The latin word ‘sociis’ means ‘society’. Therefore, when general
words are juxtaposed with specific words, general words cannot be read in isolation.
Their colour and their content are to derived from their context.
Would the teacher who is teaching on contractual basis, the provision would be applied
for the benefits?
 If we apply esjdum generis then she will be included but if we don’t apply this principle
then the words can be broken and she can be considered.
  But like all other linguistic canons of construction, the ejusdem generis principle applies
only when a contrary intention does not appear. In instant case, a contrary intention is
clearly indicated in as much as the definition of ‘teachers’ under section 2 (35) of the
said act, as pointed out above, is in two parts. The first part deals with enumerated
categories but the second part which begins by the expression “and other” envisages a
different category of persons. Here ‘and’ is disjunctive. So, while construing such a
definition the principles of ejusdem generis cannot be applied.
 “if the legislative purpose of a statute is such that a statutory series should be read
ejusdem generis, so be it: the rule is helpful. But, if it is not, the rule is more likely to
defeat than to fulfil the purpose of the statute. The rule, like many other rules of
statutory interpretation, is a useful servant but a bad master”.

LILAVATI BAI vs THE STATE OF BOMBAY- there was an act DOMBAY LAND REQUISITION ACT,
which gave the power to the government where in certain circumstances it can take back or
acquire back the property which was given to those people.

 If any premises situate in ail area specified by the state government by notification in
the official gazette, are vacant on the date of such notification and whenever by such
premises are vacant or become vacant after such date by reason of the landlord, the
tenant or sub-tenant, as the case may be, ceasing to occupy the premises or by reason
of the release of the premises from requisition or by reason of the premises being newly
erected or reconstructed or for any other reason the landlord of such premises shall
give intimation thereof in the prescribed form to an officer authorized in this behalf by
the state government.
 Premises which are in the occupation of the landlord, the tenant or the sub-tenant, as
the case may be, shall be deemed to be or become vacant when such landlord ceases to
be in occupation or when such tenant or sub-tenant ceases to be in occupation upon
termination of his tenancy, eviction, assignment or transfer in any manner of his interest
 of his interest in the premises or otherwise, notwithstanding any instrument or
occupation by any other person prior to the date when such landlord, tenant or sub-
tenant so ceases to be in occupation.
 The rule of ejusdem generis is intended to be applied where general words have been
used following particular and specific words of the same nature on the established rule
of construction that the legislature presumed to use the general words in a restricted
sense; that is to say, as belonging to the same genus as the particular and specific
words. Such a restricted meaning has to be given to words of general importance only
where the context of the whole scheme of legislature requires it. But where the context
and the object and mischief of the enactment do not require such restricted meaning to
be attached to words of general importance, it becomes the duty of the courts to give
those words their plain and ordinary meaning. In our opinion, in the context of the
object and mischief of the enactment there is no room for the application of the rule of
ejusdem generis. Hence it follows that the vacancy as declared by the order impugned
in this case, even though it may not be covered by the specific words used, in certainly
covered by the legal importance of the words “or otherwise”.

AMAR CHANDRA CHAKRABORTY vs COLLECTOR OF EXCISE –

 The ejusdem generis rule strives to reconcile the incompatibility between specific and
general words. This doctrine applies when
1) The statute contains an enumeration of specific words
2) The subjects of the enumeration constitution – a class or category
3) That class or category is not exhausted by the enumeration
4) The general term follows the enumeration
5) There is no indication of a different legislative intent.

SIDDESHWARI COTTON MILLS PVT LTD vs UNION OF INDIA-

  The appellant manufactures cotton fabric on power looms. Since the appellant was
using the process of ‘calendaring’, the central excise authorities held that the cotton
fabric manufactured by it ceases to be “unprocessed”.
 In relation to goods comprised in item19 of the schedule of the central excise tariff
act,1985, including bleaching, mercerizing, dyeing, printing, water-proofing, rubberizing,
shrink-proofing, organdie processing or any other process or any one or more of these
processes.
 In the present case the expressions bleaching, mercerizing, dyeing, printing, water-
proofing, rubberizing, shrink-proofing, organdie processing which precede the
expression ‘or any other process’ contemplate processes which impart a change of a
lasting character to the fabric by either the addition of some chemical into the fabric or
otherwise.
 In the case of TRIBHUBAN PRAKASH NAYYAR vs UNION OF INDIA- This rule reflects an
attempt to reconcile incompatibility between the specific and general words, in view of
the other rules of interpretation, that all words in a statute are given effect if possible,
that a statute is to be construed as a whole and that no words in a statute are presumed
to be super-fluous.

 RULE OF RANK

A statute dealing with things or persons of an inferior rank cannot by any general words be
extended to things or persons of superior rank.

Example – if the rule of employee would apply on me then the same won’t be applied on you as
you are the students and these are not made for you.

Article 141; Article 251; Article 361

  REDDENDO SINGULA SINGULIS
 Referring each to each
 Why? A tool to make sense of lengthy/ bad drafting
 BLACK’S LAW DICTIONARY- Where a sentence in a statute contains several antecedants
and several consequences, they are to be read distributively, that is to say, each phrase
or expression is to be referred to its appropriate object.
 Sutherland’s “Statutory Construction”, 3rd Edition Page 423: Where a sentence contains
several antecedents and several consequents they are to be read distributively, that is,
the words are to be applied to the subject to which they appeal by context most
properly to relate and to which they are most applicable.

EXAMPLES:-

 You can eat and drink juices and pizzas as much as you like.
 You can draw or load any sword or gun.
 Feel free to walk or drive through the pavement or the main road.
 No enactment or bill shall be passed or introduced.
 I devise and bequeath all my real and personal property to A.

IRISH CASE- M. NEILL vs CROMMELIN [ 1858 ] IR CLR 61-

“Where there are general words of description, following an enumeration of particular things
such general words are to be construed distributively Reddendo Singule Singulis and if the
general words will apply to some things and not to others, the general words are to be applied
to those things to which they will, and not to those to which they will not apply; that rule is
beyond all controversy.”

MR. RAJENDRA K. BHUTTA vs MAHARASHTRA HOUSING AND AREA-

It was regarding the insolvency and bankruptcy code(section 14(1)(d) ). “the recoverey of any
property by an owner or lessor where such a property is occupied by or by the possession of
the corporate debtor. It was argued that it is clear that any recovery of a property by an owner
where such property is ‘occupied by’ the Corporate Debtor would clearly fall within section
14(1)(d), the expression “….or in the possession of” going with the expression “lesson” and not
“owner”.

NORASIA LINES (MALTA) LTD vs DEPUTY COMMISSIONER-

It is about the double taxation avoidance agreement.

(a) In India: as regards for any ‘fiscal year’ beginning on or after the first day of April of the
calendar year next following that in which this agreement enters into force.
(b) In Malta: as regards for any ‘fiscal year’ beginning on or after the first day of January of
the calendar year next following that in which this agreement enters into force.

If the words used in the treaty are taken distributively, the interpretation adopted by
the revenue is correct. We are of the view that the absence of punctuation in the
relevant clause, creates no ambiguity and hence the absence of punctuation is irrelevant
to interpret Article 29(2) of the treaty. It is only a desperate attempt of the assesse to
show that there is some ambiguity in the sentence.

The expression “calendar year next following that” cannot qualify the words “fiscal
year”; even if a comma is put anywhere else. Counsel for the assesse referred to us the
maxim “reddendo singular singulis”. It is only a guide interpretation by applying or
assigning “each to each”.

P. CHANDRA MOULI AND ORS vs UNION OF INDIA-

 It is open to this court to order release of the petitioners if the Court Martial has or has
no jurisdiction is regard to the petitioners and the offences alleged against them.
 Section 4(4) in The Army Act, 1950 – While any of the provisions of the act apply to the
said force, the central government may, by notification, direct by what authority any
jurisdiction, powers or duties incident to the operation of these provisions shall be
exercised or performed in respect of the said force.
 Section 109 in The Army Act,1950- Power to convene a general court martial. A general
court-martial may be convened by the central government or the chief of the army staff
or by any officer empowered in this behalf by warrant of the chief of the army staff.
 Where a sentence contains several antecedents and several consequents they are to be
read distributively. This method of limiting the effect of expression which are obviously
too wide to be construed literally is most frequently applied when the opening words of
a section are general and the succeeding parts regulate particular instance. Thus, where
several words importing power, authority and obligation are found at the
commencement of a clause, it is not necessary that each of the words apply to the
several branches of clause. It may be constructed reddendo singular singulus and the
words giving power and authority limited to particular subject and those of obligation
applied to others. Likewise, where the words under consideration appear in different
sections or are widely dispersed throughout an act the same principle will be applied.
The difficulty problems of interpretation involved in the rule of reddendo singula
singulis may be almost entirely eliminated by careful drafting. If sentence are short and
contain but a single subject and a single object this problem will be resolved.
 The case at hand does not raise any problem of construction of section 4(4) of the act
requiring it to be resolved by applying the aforesaid rule. Had any person or authority
been mentioned in the sub-section the matter would have been different categories of
persons it could have perhaps required the application of this rule. THE RULE WAS NOT
APPLIED.
#

 Z is a company and A & B are the cofounders of that company. They were good friends
since childhood. They had good understanding between them. They decided that they
will take all the decisions regarding the company together.
 C was an investor who had dealings with A. He was ready to give 50 Lakh rupees in
exchange of 10 percent equity stake in their company Z. A told C that he will get back to
him after discussing with B. But C told A that he has to take an immediate decision. So A
agrees.
 A comes back and tell the scenario to B.
 What would be B’s reaction.?

M.L KAMRA VS CHAIRMAN CUM MANAGING-

 Management of Orissa insurance co-operative society ltd.

 The appellant was served with a termination –order dated april 17, 1975.
 Rule 5 of the Orissa insurance co-operative society ltd.
 It is settles law that there is a presumption of constitutionality of the rule. The court
ought not to interpret the stator provisions, unless compelled by their language in
such manner as would involve its unconstitutionality, since the legislature of the rule
making authority is presumed to enact a law which does not contravene or violate
the constitutional provisions. Therefore, there is a presumption in favour of
constitutionality of a legislatureg or statutory rule unless ex facie it violates the
fundamental rights guaranteed by the part III of the constitution. If the provisions of
 law or the rule is construed In such a was as would make it consistent with the
constitution and another interpretation would render the provision or the rule
unconstitutional, the court would lean in favour of the former construction.
 There was a problem with the act. They give power to the goverf
 This rule was arbitrary and should be discard void.
 Court will choose that interpreattaion that leads to the constitutionality of the
constitution.

KHYERBARI TEA CO . LTD & THE STATE OF ASSAM-

There was this tea company, operating in two destination, from destination 1 to 2 where they
use dto send their products was the distance 690 miles. For around 2 miles product used to be
in the ASSAMESE road and then came to WEST BEGAL. Assam said that the trade is coming to
our borders so we will put taxes. So they defended that just 2 miles is coming in that border
and they already have to pay tax to west Bengal. And if they will do this then they will complain
under freedom of trade and expression government can out some restrictions under article 19
(6). It comes on the states to prove that it comes under article 19(6) and the right is violated.

Although there is a presumption in favour of the constitutionality of a statute, if it is proved

that it invades fundamental rights under art. 91, the onus shifts on to the state and it must
justify its validity under art 19 (6).

STATE OF MAHARASHTRA & ANR VS INDIAN HOTEL AND RESTURANTS-

 It was about the restriction on the dance bar.

 The Bombay Police Act, 1951 (hereinafter ‘the Act’) was enacted in the year 1951
with the object of consolidating and amending the law relating to the regulation of
 the exercise of powers and performance of the functions by the State Government
for maintenance of public order. Section 33 of the Act authorises the State
Government to frame rules regulating places of public amusement and
entertainment. By virtue of Section 33 of the Act, the “Rules for Licensing and
Controlling Places of Public Amusement (other than Cinemas) and Performances for
Public Amusement including Melas & Tamashas, 1960” (hereinafter ‘the Rules’) were
enacted to regulate and maintain discipline in places of public amusement, melas
etc.
 The legislature can only be declared void when it is totally absurd, palpably arbitrary,
and cannot be saved by the court. It is reiterated that the principle of ‘presumption of
constitutionality’ has to be firmly rebutted by the person challenging the
constitutionality of legislation.

K ANJAIAH VS CHANDRIAH –

 There was this person whose promotion was due. As per the regulations of the act, it
said that the seniority will be counted on the basis or the number of years spent
working in a department.
 The brief facts of the case are that the Service Commission in Andhra Pradesh was
formed under the Provisions of Andhra Pradesh College Service Commission Act,
1985 (hereinafter referred to as 'the Act').The employees of this Commission came
on deputation from the State Government in different batches and such
deputationists were managing the affairs of the Commission. The Commission itself
was constituted by the State Government in exercise of powers conferred upon it
under Section 3 of the Act. Section 7 of the Act deals with the staff of the
Commission and it stipulates that the Secretary of the Commission shall be
 appointed by the Government and other employees as the Commission may with
the previous approval of the Government appoint from time to time. Section 7(3) of
the Act provides that the terms and conditions of service of such employees of the
Commission shall be such as may be provided for by Regulation.
 It is a cardinal principle of construction that the Statute and the Rule or the
Regulation must be held to be constitutionally valid unless and until it is established
they violate any specific prevision of the Constitution. Further it is the duty of the
Court to harmoniously construe different provisions of any Act or Rule or Regulation,
if possible, and to sustain the same lather than striking down the: provisions out
right.

CASEEEEEEEEEEEEEEE

 Question was that who will be the natural guardian of a child?

BALCO EMPLOYEES UNION VS UNION OF INDIA-

 Courts are not intended to and nor should they conduct the administration of the
country. The courts will interfere only if there is a clear violation of constitutional or
statutory provisions or no-compliance by the state with its’s constitutional or statutory
duties. None of these contingencies arise in this present case.

 Keshavnanda bharti- it said that the two articles 32&39 and constitutional .

MINERVA MILLS-
  They are not immune and if they’ll harm the basic structure doctrince then it will be
held invalid.

 In every case, therefore, where a constitutional amendment includes a

statute or statutes in the. Ninth Schedule, its constitutional validity would have to be
considered by E. reference to the basic structured doctrine and such constitutional
amendment would be liable to be declared invalid to the extent to which it damages or
destroys the basic structure of the Constitution by according protection against
violation of any particular fundamental right.
 THEY will be immune from judicial scrutiny. Any law in ninth schedule is decided after
keshavnanda bharti case then it would be seen on basic structure doctrine and if it harm
that structure and it will be struck down.

WAMMAN RAO & UNION OF INDIA –

 Article 31 A enables the passing of laws of the description mentioned in clauses (a) to €
in violation of the guarantees afforded by article 14 and 19.
 Article 31 B is concerned, it does not define the category of laws which are to receive its
protection, and secondly, going a little further than article 31 A.
 Article 31 B read with the ninth schedule provides what is generally described as, a
protective umbrella to all acts which are included in the schedule, no matter what
character, kind or category they made be.

L. R. COELHO (DEAD) VS STATE OF TAMIL NADU –

 Part III is amendable subject to basic structure doctrine. It is permissible for the
legislature to amend the ninth schedule and grant a law the protection in terms of
article 31 B but subject to right of citizen to assail it on the enlarge judicial review
concept. The legislature cannot grant fictional immunities and exclude the examination
of the ninth schedule law by the court after the enunciation of the basic structure
doctrine.
  The existence of the power of parliament to amend the constitution at will, with
requisite voting strength, so as to make any kind of laws that excludes part III including
power of judicial review under article 32 is incompatible with the basic structure
doctrine. Therefore, such exercises if challenges has to be tested on the touchstone of
basic structure as reflected in article 21 read with article 14 and article 19, article 15 and
the principles thereunder. The power to amend the constitution is subject to aforesaid
axiom. It is, thus no more plenary in the absolute sense of the term. Prior to
keshavnanda bharati, the axion was not there.

NAHAR INDUSTRIAL ENTERPRISE VS HONGKONG & SHANGHAI BANKING CORP-

Ranjan chemicals having failed to appreciate that transfer of the suit from the civil court
to the debt recovery tribunal without plaintiff’s consent resulted in defeating the
plaintiff’s statutory right to approach the civil court and furthermore resulted in ouster
of the jurisdiction thereof, neither of which could be ordered or directed without any
specific empowering provision in the statute. It is well settled legal position that
jurisdiction of the civil court can only be ousted by a specific and unequivocal statutory
provision or by necessary implication.

# CREATIVE JURISDICTION

S.R BOMMAI VS. UNION OF INDIA-

 The central government tried to create an environment where president rule was
introduced. Secularism was one time recognized. The question was whether
 Can judiciary review the presidential power. There is no power that says that they can
review.
 Example- if president removes a government on the basis of removing It permanently.
 Judiciary can intervene if the constitutional principles are violated.
 IT IS IMPOSIBLE FOR US TO GET into the mind of the president and so cannot review the
decision.
  We must make it clear that constitutional jurisdiction of this court is confined………
central government is based……….but one thing is certain that if the……………………
required to be satisfied

CASUS OMISSUS

 ….matter which should have been, has not been provided for in a statute cannot be
supplied by courts, as to do so will be legislation and not construction.
 Something which is not in the statute cannot be created by the judiciary. But there are
some exceptions where it can be created in the situation where there are irrelevant
grounds and malafied things.

# PRESUMPTION OF MENS REA

 RANJIT UDESHI VS STATE OF MAHARASHTRA-

- SECTION 292 OF IPC clause 2- part (a) sells, lets to hire
- there was a book which had a controversy that whether the book is protected
under freedom of speech and expression.
- It wasn’t the publisher but the book keeper.
- Court would presume that there will be mens rea in such situations
- “ I think the test of obscenity is this, whether the tendency of the matter charged
as obscenity is it deprave corrupt those whose minds are open to such immoral”.
- The section does not make the book-seller's knowledge of obscenity an
ingredient of the offence and the prosecution need not establish it. Absence
of knowledge may be taken in mitigation but does not take the case out of the
section. But the prosecution must prove the ordinary mens rea in
the second part of the guilty act and it must be proved that he
 had actually sold or kept for sale the offending article. Such mens rea
may be established by circumstantial evidence.
 STATE OF MAHARASHTRA VS MAYER
- Flying from a foreign country to another country and the plane stopped in india
and he was carrying a lot amount of gold.
- Defense of the accused was that he was just passing India. The plane didn’t stop
in India accidently but the person already knew that the palne would stop in
India.
- On the language of s. 8(1) read with s. 24(1) of the Act, which throws on the
accused the burden of proving that he had the requisite permission to bring
gold into India, there was no scope for the invocation of the rule that besides
the mere act of voluntarily bringing gold into India any further mental
condition or mens rea is postulated as necessary to constitute an
offence referred to in s. 23(1-A). Further, the very object and purpose of the Act
and its effectiveness as an instrument for the prevention of smuggling would
beentirely frustrated if a condition were to be read into the sections
qualifying the plains words of the enactment, that the accused should be
proved to have knowledge that he was contravening the law before he
could be held to have contravened the provision.

# PRESUMPTION AGAINST THE VIOLATION OF INTERNATIONAL LAW

 KESHAVNANDA BHARTI CASE – it also includes in international law

- Article 51 (a),(b),(c)
- In view of article 51 of the directive principles, this court must interpret language
of the constitution, if not intractable, which is after all a municipal law, in the
light of the United Nations Charter and the solemn declaration subscribed to by
India.
 If any law comes to effect then it is checked that it does not go against the international
law.
 JEEJA GOSH VS UNION OF INDIA-
- There was a well-known speaker who was going for a conference to goa. She was
not allowed to the plane coz she was disabled. And she got to know that
afterwards. It happened in spice jet. It insured that this will not happen again.
Lawyers go against him under rights of physically disabled person. “
CONVENTION AND THE RIGHT OF PERSON WITH DISABILITIES”(UNCRPD).
- So spice jet should be held accountable and damage should be provided to the
victim.
- Whenever there is a conflict between Indian and International Law then Indian
Law will prevail.
 III – MODULE

# INTERNAL AIDS OF INTERPRETATION & EXTERNAL AIDS OF INTERPRETATION

INTERNAL AIDS EXTERNAL AIDS

Preamble Legislative history/ Debates

Title Historical facts
Heading Statement of objects and reasons
Definitions Committee/commission reports
Illustrations Reference to other statute
 Explanations Contemporanes expositio
Exceptions International law and human rights
Schedules Documents
Provisions and saving clauses Model Laws
Punctuation and brackets Domestic decision
Non- obstante clause Foreign decision
Mandatory and directory provision Dictionaries
Conjunctive and Disjunctive words Other materials.
# TITLE : SHORT AND LONG

 AMARENDRA KUMAR MOHAPATRA % ORS. VS STATE OF ORISSA & ORS,- The title of
the statute is no doubt an important part of an enactment abd can be referred to for
determining the general scope of the legislation. But the true nature of any such
enactment has always to be determining not on the basis of the label given to it but on
the basis of its substance.
 The title is the aid for interpretation not the tool of inter pretation.
 MANOHAR LALA VS THE STATE OF PUNJAB- The long title of the Act indicated the main
purpose of the enactment but cannot, obviously, control the express operative
provisions of the act.
 UOI VS ELPHINSTONE WEAVING CO.-
 An act consists of a long titlke which precedes the preamble and the said lo ng title is a
part of an act itself and is admissible as an aid to its construction. It has been held in
several cases that a long title along with preamble or even in its absence is a good guide
regarding the object, scope, or purpose of the act whereas the preamble being only an
abbreviation for purpose of reference is not a useful aid to construction. The preamble
of an act, no doubt can also be read along with other provisions of the act to find out
the meaning of the words in enacting provisions to decide whether they are clear or
ambiguous but the preamble in itself not being an enacting provision is not of the same
weight as an aid to construction of section of the act as are other relevant enacting
words to be found elsewhere in the act. The utility of the preamble diminishes on a
 conclusion as to clarity of enacting provisions. It is therefore said that the preamble is
not to influence the meaning otherwise ascribable to the enacting parts unless there is a
compelling reason for it. If in an act the preamble is general or brief statement of the
main purpose, it may well be of little value.
 This being the position and the textile undertakings taking over t=of the management
act, being an act providing for taking over in the public interest of the management of
textile Undertakings of the companies specified in the first schedule pending
nationalization of such undertaking and for matter connected therewith or incidental
thereto as is apparent from the long title, use of the expression mis-management of the
affairs in the preamble will not control the purpose of the act, namely the public interest
and the parliament having decided to take over the management of the Textile Mills
which were in serious financial crises, in the public interest it was not open for the court
to come to a conclusion by taking recourse to the use of the word mis-management in
the preamble to hold that the parliament intended only to take those mills whose
financial condition was deplorable on account of mis-management and not in case of
those mills where the financial condition may be deplorable but not on account of mis-
management.
1. TITLE: general scope and main purpose
2. But true nature of enactment to be determined on the basis of substance.
3. Title cannot control express provisions

# PREAMBLE

 RASHTRIYA MILL MAZDOOR SANGH VS NATIONAL TEXTILE CORPORATION- It is the

one of the cardinal principles of the statutory construction that where the language of
an act is clear, the preamble cannot be invoked to curtail or restrict he scope of the
enactment and only where the object or meaning of an enactment is not clear the
preamble may be resorted to explain it.

 IN RE: THE BERUBARI UNION AND VS UNKNOWN- There is no doubt that the
decaration made by the people of india in exercise of their sovereign will in the
 preamble to the constitution is , in the words of story, “a key to open the mind of the
makers”. Which may show the general purpose for which they made the several
provisions in the constitution; but nevertheless the preamble is not a part of the
constitution, and, as Willoughbly has observed about the preamble to the American
constitution, “ it has never been regarded as the source if any substantive power
conferred on the government of the US, or any of its departments. Such powers
embrace only those expressly granted in the body of the constitution and such as may
be implied from those so granted.

 KESHAVNANDA BHARTI- as preamble is a part of the constitution, its provisions other

than those relating to basic structure or framework, it may well be argued, are as much
subject to the amendatory process contained in article 368 as other parts of the
constitution.
 LIC OF INDIA VS CONSMUER EDUCATION AND RESEARCH CENTRE,- The doctrine pf
classification is only subsidiary rule evolved by the courts to given practical contend to
the doctrine of equality , over-emphasis on the doctrine of classification or anxious or
sustained attempt to discover some basis for classification may gradually and
imperceptly erode the profound potency of the glorious content of equality enriched in
article 14. The over emphasis on classification would inevitably would result in
substitution of doctrine of classification to the doctrine of equality and the preamble of
the constitution which is an integral part and scheme of the constitution.

TITLE AND PREAMBLE HELFUL IN FINDING MEANING OF THE WORDS BUT NOT OF THE SAME
WEIGHT AS THAT OF THE SECTION.

# MARGINAL NOTES

 I. C GOLAKNATH VS STATE OF PUNJAB- IT is true that the marginal note to art. 368 is
“procedure for amendment of the constitution, but the marginal note cannot control
the meaning of the words in the article itself.
  The heading of art. 368 shows that it is a provision for amendment of the constitution,
the marginal note refers to the procedure for amendment and the body shows that if
the procedure if followed, the constitution shall stand amended by the power of the
article.
 In 1991 through an amendment there was a change from procedure to power.
 It is the procedure of the amendment not the power of the amendment.
 NC DHOUNDIAL VS UNION OF INDIA- the language employed in the marginal heading
is another indicator that it is jurisdictional limitation it is a settled rule of interpretation
that the section heading or marginal note can be relied upon to clear any doubt or
ambiguity I the interpretation of the provision and to discern the legislative intent.

CONCLUSION- marginal notes are helpful in resolving ambiguity in interpretation and retrieving
the legislative intent but they cannot control the meaning of the article.

# The three conclusions

AMRENDRA KUMAR MOHAPATRA VS STATE OF ORISSA-

The title is useful for determine the general scope and purpose of the act. As far as the true
nature of the enactment if concerned it will be determined by the provisions only. The title
does not control the meaning of the section.

# HEADINGS

 SARAH MATHEW VS INST. CARDIO VASCULAR DISEASE INSTITUTE-

- The heading of chapter XXXVI providing for limitation for taking cognizance of
certain offences is clearly reflective of the legislature intent to treat the date of
taking cognizance as the relevant date in corrupting limitation. It is well settled
that ‘heading’ or ‘title’ prefixed to sections or groups of sections have a limited
 role to play in the construction of statutes. The express language of section 468
makes it clear the legislature considers the relevant date for computing the date
of limitation to be the date of taking cognizance and not the date of filing of a
complaint. They may be taken as very broad and general indication or the nature
of the subject matter dealt with thereunder but they do not control the meaning
of the sections, if the meaning is otherwise ascertainable by reading the section
is proper perspective along with other provisions. Where the words of a statute
are absolutely clear and unambiguous, recourse cannot be held to the principles
of interpretation other than the literal rule. Even if the literal interpretation
results in hardship or inconvenience it has to be followed.

# ILLUSTRATIONS

 DR. MAHESH CHAND SHARMA VS SMT RAJ KUMARI SHARMA- it may be remembered
that illustrations to the sections are the parts pf the section and help to elucidate the
principle of the section.
 MOHAMMAD SYEDOL ARIFFIN VS YEAH OOL GRAK- The construction of the Evidence
Ordinance. It is the duty of the court of law to accept, if that can be done, the
illustrations given as being both relevance and value in the construction of the text. The
illustrations should in no case be rejected because that do not square with the idea
possible derived from another system of jurisprudence as to the law with which they or
the sections deal. And it would require a very special case to warrant their rejection on
the ground of their assumed repugnancy to the sections themselves.

# EXCEPTIONS
  DIRECTOR OF EDUCATION VS PUSHPENDRA KMAR & OTHERS- An exception cannot
subsume the main provision to which it is an exception and thereby nullify the main
provision by taking away completely the right conferred by the main provision.

# INTERPRETATION CLAUSES OF DEFINITIONS

 M/S HAMDARD VS DEPUTY LABOUR COMMR. – when an interpretation clause used

the word “included”, it is a prima facie extensive .when it uses the word “mean and
include”, it will afford an exhaustive explanation to the meaning which for the purpose
of the act must invariably be attached to the word or expression.

# PROVISO

 UNION OF INDIAN VS DIPLEEP KUMAR SINGH, -Words are dependent on the principal
enacting words to which they are tacked as a proviso. They cannot be read as divorced
from their context. If the rule of construction is that prima facie a proviso should be
limited in its operation to the subject-matter of the enacting clause, the stand we have
taken is sound. To expand the enacting clause, inflated by the proviso, sins against the
fundamental rule of construction that a prviso must be considered in relation to the
principal matter to which it stands as a proviso. A proviso ordinarily is but a prviso,
although the golden rule is to read the whole section. Inclusive of the proviso, in such
manner that they mutually throw light on each other and result in a harmonious
construction.

DIFFERENCE BETWEEN EXCEPTION AND PROVISO

AN EXCEPTION EXEMPTS ABSOLUTELY FROM THE OPERATION OF AN ENACTMENT, A PROVISO

DEFEATS THE OPERATION CONDITIONALLY OR RESTRICTS THE APPLICATION OF THE PROVISION
IN CERTAIN CIRCUMSTANCES.

CONJUNCTIVE OR DISJUNCTIVE

“ YOU FO SOMETIMES READ ‘ or’ as “and” in a statute. But you do not do it unless you are
obliged because “or” does not generally mean “and” and “and” does not generally mean “or”.
EXTERNAL AIDS OF CONSTRUCTION

# RESIDUARY POWER OF THE COURTS TOA DMIT ANY MATERIAL

 DISTRICT MINING OFFICER AND OTHERS VS TATA IRON AND STEEL CO-
“ It is also a cardinal principle of construction that external aids are brought in by
widening the concept of context as including not only other enacting provisions of the
same statute, but its preamble, the existing state of law, other statutes in pori material
and the mischief which the statute was intended to remedy”

 B. PRABHAKAR RAO VS STATE OF ANDHRA PRADESH-

- WHATEVER IS THE immediate impression of the act, the act will be interpreted
as per that.
- Where internal aids are not forthcoming, we can always have recourse to
external aids to discover the object of the legislation. External aids are not ruled
out. This is not a well settled principles of modern statutory construction. Thus
‘enacting History’ is relevant: The enacting history of an act is the surrounding
corpus of public knowledge relative to its introduction into parliament as a Bill,
and subsequent progress through, and ultimate passing by, parliament. In
particular it is the extrinsic material assumed to be within the contemplation of
parliament when it passed the Act. Again in the period immediately following its
enactment, the history of how an enactment is understood forms part pf the
contemporanea exposition, and amy be held to throw light on the legislative
intention. The later history may, under the doctrine that an act is always
speaking, indicate how the enactment is regarded in the light of development
from time to time.
- Official statements by the government department administering an act, or by
an other authority concerned with the act, may be taken into account as
persuasive authority on the meaning of its provisions. Justice may be blind but it
is not to be deal. Judges are not to sit in sound proof rooms.
- Committee reports, parliamentary debates, policy statements and public
utterances of official spokesmen are of relevance in statutory interpretation. But
‘the comity the countesy and respect that ought to prevail between the two
prime organs of the state, the legislature and the judiciary’, require the courts to
make skilled evauation of the extra textual material placed before it and exclude
 the essentially unreliable. Nevertheless the court, as master of its master of its
own procedure, retains a residuary right to admit them where, in rare cases, the
need to carry out the legislator’s intention appears to the court so to require. No
rule prevents the court from inspecting in private whatever materials it thinks fit
ensure that it is well informed, whether in relation to the case before it or
generally. Where these materials constitute publicly available enacting history,
the court takes judicial notice of the court has an inherent power to inspect any
material brought before it.

 In the case of NAVTEJ SINGH JOHAR , there are all the external aids discussed. This case
was based on section 377.

 NAVARTIS VS UNION OF INDIA- The best way to understand a law to know the reason
for it. UTKAL CONTRATORS AND JOINERY VS STATE OF ORISSA AND OTHER, Justice
Chinnappa reddy, speaking for the court, said: “ A statute is best understood if we know
the reason for it. The reason for a statute is the safest guide to its interpretation. The
words of a statute take their colour from the reason for it. How do we discover the
reason for a statute? There are external and internals aids. The external aids are
statement of objects and reasons when the Bill is presented to parliament, the reports
of committees which preceded the bill and the reports of parliamentary committees.
Occasional excursion into the debates of parliament are permitted. Internal aids are the
preamble, the scheme and the provisions of the act. Having discovered the reason for
the statute and so having set the sail to the wind, the interpreter may proceed ahead”
(emphasis added)

 DEVADAS (DEAD) BY L VS VEERA MAKALI AMMAN KOLI ATHALUR- so far as

statement of objects and reasons, accompanying a legislative bill is concerned, it is
permissible to refer to it for understanding the background, the antecedent state of
affairs, the surrounding circumstances in relation to the statute and the evil which the
statute sought to remedy. But it cannot be used to ascertain the true meaning and
effect of the substantive provision of the statute.

 S. R CHAUDHARY VS STATE OF PUNJAB- Constitutional provsiions are required to be

understood and interpreted with an object oriented approach. A constitution must not
be construed in a narrow and pedantic sense. The words used may be general in terms
but, their full import and true menaing has to be appreciated considering the true
 context in which the same are used and the purpose which they seek to achieve.
Debates in the constituent assembly referred to in an earlier part of this judgement
clearly indicates that non-member’s inclusion in the cabinet was considered to be a
‘privilege’ that extend only for six month’, during which period the member must get
elected otherwise he would cease to be a minister. It is a settled position that debates in
the constitutent assembly may be relied upon as an aid to interpret a constitutional
provision because it is the function of the court to find out the intention of the framers
of the constitution. We must remember that a constitution is not a document in solmn
form, but a living framework for the government of the people exhibiting a sufficient
degree of cohesion and its successful working depends upon the democratic spirit
nderlying it being respected in letter and in spirit. The debates clearly indicate the ‘
privilege’ to extend “only” for six months. RULE OF EXCLUSION- WHICH IS DISCCUSED
IN 183RD LAW COMMISSON OF INDIA

 S. P. GUPTA VS PRESIDENT OF INDIA (IMPPPP)

- It is a case based on locus standi.
- The interpretation of every statutory provision must keep pace with changing
concepts and values and it must to the extent to which its language permits or
rather does not prohibit, suffer adjustments through judicial interpretation so as
to accord with the requirements of the fast changing society which is undergoing
rapid special and economic transformation.
- The language of a statutory provision is not static vehicle of ideas and concepts
and as ideas and concepts change ,a s theya re bound to do in a country like ours
with the establishment of a democratic structure based on egalitarian values and
aggressive development strategies, so must the meaning and context of the
statutory provision undergo a change. It is elementary that law does not operate
in a vaccum. It is not an antique to be taken dawn, dusted admired and put back
on the shelf, but rather it is a powerful instrument fashioned by society for the
purpose of adjusted conflicts and tensions which arise by reason of clash
between conflicting interests. It is therefore intended to serve a social purpose
and it cannot be interpreted without taking into account the social, economic
and political setting in which it is intended to operate.

 NAVTEJ SINGH JOHAR VS UNION OF INDIA-

- The ultimate goal of our magnificent constitution is to make right the upheaval
which existed in the indian society before the adopteing of the constitution. The
court in state of kerala and another vs N.M. Thomas and others observed that
 the Indian constitution is a great social document, almost revolutionary in its aim
of transforming a medieval, hierarchical society into a modern, egalitarian
democracy and its provisions can be comprehended only by a spacious, social-
science approach, not by pedantic, traditional legalism.
- The society cannot remain unmindful to the theory which several researches
conducted both in the field of biological and phsychological science, have proven
and realfirmed time and again. To compel a person having a certain sexual
orientation to proselytize to another is like asking a body part to perform a
function it was never designed to perform in the first place.
- International law, committees, history, foreign decisions, dictionary were used
for deciding the judgement.
 K. P VARGHESE VS INCOME YAC OFFICER ERNAKULAM- interpretation of statute being
an exercise in the ascertainment of meaning, everything which is logically relevant
should be admissible in the court of law.

DEFINITION OF INDIA

 S. 3(28) of the General Clauses Act

 S. 3(29)

 THE CHIEF INSPECTOR OF MINES VS LALA KARAM CHAND THAPAR- The purpose of
the general clauses act is to place in one single statute different provisions as regards
interpretation of words and legal Principles which would have otherwise have to be
specified separately as many different acts and regulations. Whatever the general
clauses act says, whether as regards the meanings of the words or as regards legal
principles, has to be read inti every statute to which it applies.
  SADASHEO JAGARNNATH BARAPATRE VS HEMAJI HIRAMAN BAKDE, - normallu effect
of repealing statute is to obliterate it from the statute book as completed as it has never
been passed. It must be considered as…………
 If al the revival has to be done then it has to be mentioned expressly.
 Section-8 You need not change references of repealed act with every act. It would
automatically apply on the modified provision of similar nature.
 Section-9 LESTER VS GARLAND- where an act is to be done within a specified time
from a certain date, the date of that act remain same.
 Section- 11, from point A to oint B it has to be a straight line on a horizontal plane.
 Section -12, 10 KG of sugar will weight 100 kg , so 100 kg of sugar will weight 1000kg.
(pro-rata basis)
 Section – 13, gender and number, father’s property to daughter and the father can have
more than one daughter.
 Section 14 , registrar of a company can issue a statement whenever required. B. N .
SHANKAR APPA VS UTHANUR SRINIVAS, The deputy commissioner who has the power
under law to fic headquarters of mandal panchayat can change the same by recourse ti
section 14 of Karnataka general clause which corresponds to section 14 of general
clauses act.
 Section-15, PM vice official chairman of niti aayog and also holding a government office.
 Sectio-16,
- Can this be against natural justice? Rex vs Church assembly legislative
committee, before a body is said to be bound to observe the principles of natural
justice, two ingredients must be present: it……..
- MAKHANLAL DEY VS UNION OF INDIA, the administrative authority
 Section 20, company act 2013 > Registrar of the company to issue notifictation with
regards to MOA. ROC issues a notification. The director is expected to frame the MOA in
the prescribed manner which is defined in the law.


# 183rd LCI, November, 2002

Should GCA be altered to become a comprehensive code on interpretation of statutes

 Elasticity is preferable.
 Legislature cannot forsee exhaustively all the situations and circumstances that may
emerge after enacting statutory provisions where their applicatons may be called for.
 There has to be an open ended interpretation on the aids
 Court can refer to religion, science, books, history.
 If the rules of interpretations regarding use of external aids also provided in legislative
form, then these statutory provisions about external aids may also require
interpretation from the court as the language may bear two views or may be
ambiguous.
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