Contempornea

Expositio Est
Fortissima In Lege
Contempornea Expositio Est Fortissima In Lege
Meaning :- Latin Phrase

“Contemporaneous exposition is the best and strongest in law”.

 The best way to construe a document is to read it as it would

read when made.
Contempornea Expositio Est Fortissima In Lege
 If it is clearly established that an enactment has been
wrongly interpreted time and again, the court should correct
the past mistakes and construe it correctly.

 It is said that the best exposition of a statute or any other

document is that which it has received from contemporary
authority.
Contempornea Expositio Est Fortissima In Lege
 The maxim is based on the principal as stated by Salmond
that “ the essence of law lies in the spirit, not its letter for the
letter is significant only as being the external manifestation
of the intention that underlies it”.
Contempornea Expositio Est Fortissima In Lege
Limitation of the maxim :-

 The usage and practice can be used in interpretation when

the language is ambiguous. If the language is unambiguous it
can not be used.
 Useful only for ancient Acts, and cannot be used for modern
Acts.
 Cannot be used to substantiate an implied report or quasi
repeal an Act.
Contempornea Expositio Est Fortissima In Lege
Case Laws :- Desh Bandhu Gupta vs. Delhi Stock Exchange
Association Ltd.
Contemporanea exposito is a guide to the interpretation of documents
or statutes. It is one of the important external aids for interpretation. How ever
great care must be taken in its application. When a document was executed
between two parties, there intention can be known by their conduct at the time
and after the execution of the instrument. Where the words of the deed are
ambiguous, the court may call in the acts done under it as a clue to the intention
of the parties. Their acts are the result of usages and practices in the society.
Therefore their acts are useful as an external aid to interpretation of the deed.
This principle may also be applied in case of statutes.
Contempornea Expositio Est Fortissima In Lege
Case Laws :- J.K Cotton spinning and weaving mill ltd. Vs.
Union of India
It has been observed in that case that the rule of
construction by reference to contemporanea exposito is a well-
established rule for interpreting a statute by reference to the
exposition, the maxim contemporanea exposito as laid down was
applied to construing ancient statutes but not to interpreting Acts
which are comparatively modern.