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Definition and Meaning of Interpretation of Statutes
Definition and Meaning of Interpretation of Statutes
Definition and Meaning of Interpretation of Statutes
INTERPRETATION OF STATUTES
SALMOND DEFINES – Interpretation is a process by which courts seek to ascertain the
meaning of the legislations . Such interpretation is through the medium of authoritative
forms in which it is expressed .
PROF. GRAY – Interpretation is a process by which a judge constructs the word from a
statute book . He constructs a meaning which he believes to be that of legislature or
which he proposes to Attribute to it .
DIFFERENT PARTS OF STATUTES
❖ Short title – Identification of the act
❖ Long title - object , consolidation
❖ Definitions clause – definition
❖ Preamble – objectives , main object
❖ Marginal notes – Explained in single word
❖ Headings – headings of group of sections
❖ Proviso – condition
❖ Illustrations – Examples
❖ Exception and saving clauses - exception
❖ Explanation – Explanation of the act / section
❖ Schedule – Eg: before it was schedule 8 and now it as 12
COMENCEMENT , REPEAL AND REVIVAL
COMENCEMENT – SEC 3 (13)
* Shall mean the day on which the act or regulation comes into force
OPERATION – SEC 5 (1)
* Shall come into operation on the day on which it receives the assent from
the President or Governor
SEC 5 (2)
* Shall be constructed as coming into operation immediately on the
expiration of the day preceding its commencement
CASE LAW – HARIA V STATE OF RAJASTHAN
* Obsence of commencement < Assent (or) Official Gazette
REPEAL SEC 6
* Express
* Implied
Express
(a) is or are herby Repealed
(b) shall cease to have effort
(c) shall be omitted
(d) all provisions inconsistent with this act are herby repealed
IMPLIED
(a) there is a conflict between two provisions
(b) indented to lay down an exhaustive code in the subject matter
(c) two laws occupy the same field
OBJECT OF INTERPRETATION
2. GOLDEN RULE
* Explanation
* Exact meaning
DAY V SIMPSON
“ STAGE PROGRAME “
* Before Independence of India , stage programme should be conducted
with the previous permission
*So the stage performance is done with the reflection of mirror in the stage
POWLEY V WHANDALL
“ OTHER PERSONS “
* Insurance act – says that other person , include everyone except driver
and conductor
* court held that , the intention of act must be seen and even people
outside the bus must be considered under other people
GOLDEN RULE
The golden rule of interpretation is an improvement of the principle of literal (
grammatical )interpretation .
It says that the court in its ordinary course , must find out the intention of the legislature
form the words used in the statute by giving them their natural meaning
* In London , according to the road traffic act , 1960 section 77(1) of the
act provides that a driver causing accident shall stop after the accident , however the
interpretation of the word stop was in question
* In this case the driver of the motor vehicle stopped for a moment after
causing an accident and then went away
* Applying the golden rule , the court held that the driver had fulfilled the
requirement of the section as he had not stopped for a reasonable period.
ASSESSING AUTHORITY V PATIYALA BUSCUITS MANUFACTURES
“ Possession of the Registration certificate “
*Punjab general sales tax act 1948
* The court held that actual possession is not necessary ,even the registration No is
enough as the intention to check the registered or not
R V HARRIS
* The offence against the persons act 1837
* stab , cut or wound
* wound – weapons
* The court held that wound caused by hand would not be considered
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
“ Mention one thing its excludes others “
BENNET COLEMAN V UNION OF INDIA
* Art – 19 – Non citizen ( legal persons )
* Right in article 14 is applicable to citizens