Interpretation of statutes india pdf Stockinbingal
Interpretation of Statutes (Law) External aids to
THE DOCTRINE OF PRESUMPTION OF CONSTITUTIONALITY IN. Interpretation of statutes, deeds and documents document, deed or instrument Importance of Interpretation Interpretation, thus, is a familiar process of considerable, "Statutes should be construed not as theorems of Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them"..
India Principles of Retrospective Operation of Law and
Interpretation of Fiscal Statutes Legal Service India. Basic Tenets of Taxation, Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional Provisions • The Constitution of India vests the Parliament with plenary legislative powers to impose taxes, statute is one of which judicial notice is taken, while a private statute is required to be pleaded and proved by the party seeking to take the advantage of it. Interpretation is the process by which the court seeks to ascertain the meaning of a particular legislation,.
In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, Scope of Total Income Intensive Study Course on Income-tax Western India Regional Council of ICAI 30 June 2014 CA Kalpesh Katira . Contents • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional
Statutory Interpretation: General Principles and Recent Trends Larry M. Eig Specialist in American Public Law September 24, 2014 Congressional Research Service 7-5700 www.crs.gov 97-589 . Statutory Interpretation: General Principles and Recent Trends Congressional Research Service Summary The exercise of the judicial power of the United States often requires that courts construe statutes … THE INTERPRETATION ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. General PrincipIes of Interpretation 3. Interpretation of terms applicable generally. 4. General interpretation of gender and number. 5. References to public officers by title of office. 6.
CIT vs. Nestle India Ltd. (2005) ITR 1 (Del. HC) “ It is settled canon of interpretation of law that wherever a provision uses plain and simple language free of ambiguity such provision should be given its plain meaning without addition or subtraction of 22/09/2015 · 2. INTERNAL AIDS OF INTERPRETATION Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given their ordinary meaning.
Basic Tenets of Taxation, Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional Provisions • The Constitution of India vests the Parliament with plenary legislative powers to impose taxes [Guest post by Tushit Mishra, who is a Third Year Student at NALSAR University of Law] Introduction The economic viability of an agreement in securities transactions is subject to a wide range of factors, due to which agreements concerning mergers and acquisitions (M&A) are …
Law Commission of India 183rd Report on A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of logical under the totality of the circumstances.To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose.
same as those in interpretation of Statutory Legislation …. Treaties are negotiated and entered into at a political level and have several considerations as their bases …. •Section 90 of the Income Tax Act •Treaty interpretation should be holistic •Indian Supreme Court Decision –Union of India vs. Azadi Bachao Andolan (2003) General rule of interpretation [Article 31] 1) ^A treaty Interpretation of Fiscal Statutes: section 12 of the Companies Act, 1956 provides for the mode and manner of forming an incorporated company by laying down a detailed procedure
Basic Tenets of Taxation, Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional Provisions • The Constitution of India vests the Parliament with plenary legislative powers to impose taxes SUBJECT : INTERPRETATION OF STATUTES SUBJECT CODE : H3KE Objective of the Course: Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. The purpose of the interpretation of the statute is to unlock the locks put by …
[Guest post by Tushit Mishra, who is a Third Year Student at NALSAR University of Law] Introduction The economic viability of an agreement in securities transactions is subject to a wide range of factors, due to which agreements concerning mergers and acquisitions (M&A) are … Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, Scope of Total Income Intensive Study Course on Income-tax Western India Regional Council of ICAI 30 June 2014 CA Kalpesh Katira . Contents • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional
Interpretation of Statutes LexisNexis
Basic Tenets of Taxation Interpretation of Taxing. 4/12/2002 · In Maxwell on the Interpretation of Statutes, 12th Edn. the statement of law in this regard is stated thus: "Perhaps no rule of construction is more firmly established than thus - that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, In India, in a time where judicial activism is hailed as the protective force behind the rights of the citizenry, it becomes necessary to evaluate the role of legislative intent in statutory interpretation. In this paper, we propose to holistically address certain questions pertaining to the judicial trends in encompassing legislative intent; by importing American academic criticism of the same..
Statutory Interpretation and Construction Noscitur a Sociis. Abstract. Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, specially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language will leave little room for interpretation or construction., Abstract. Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, specially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language will leave little room for interpretation or construction..
Interpretation of Statutes LexisNexis
GOLDEN RULE OF INTERPRETATION Lawyersclubindia. THE INTERPRETATION ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. General PrincipIes of Interpretation 3. Interpretation of terms applicable generally. 4. General interpretation of gender and number. 5. References to public officers by title of office. 6. their interpretation of statutes but the paramount rule remains that 1 Law Commission of India, 60th Report, Chapter 2, para 2.2 2 Law Commission on India, ….
Abstract. Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, specially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language will leave little room for interpretation or construction. Law Commission of India 183rd Report on A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of
Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, Scope of Total Income Intensive Study Course on Income-tax Western India Regional Council of ICAI 30 June 2014 CA Kalpesh Katira . Contents • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional 22 Interpretation of Statutes, Deeds and Documents 22.0 Introduction This study relates to ‘Interpretation of Statutes, Deeds and Documents’.
"Statutes should be construed not as theorems of Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". 4/05/2015 · Interpretation of statutes Basic Knowledge. Statutory Interpretation. How Judges Read the Statute Laws of Parliament Role of the Courts. Recall the courts have two main roles . To resolve disputes, both criminal and civil; To declare the law by Creating new common law ex post facto and interpreting the meaning of statute law ; Declaring the Statute Law. There can be uncertainty and …
Law Commission of India 183rd Report on A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of Principles of Statutory Interpretation (Also including the General Clauses Act, 1897) Author: Justice G P Singh (Revised by Justice A K Patnaik)
interpretation and general clauses act act 33 of 1974 – 12 july 1974 arrangement of sections part i – preliminary and general rules of interpretation In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will
Interpretation of Fiscal Statutes: section 12 of the Companies Act, 1956 provides for the mode and manner of forming an incorporated company by laying down a detailed procedure SUBJECT : INTERPRETATION OF STATUTES SUBJECT CODE : HXE Objective of the Course: Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. The purpose of the interpretation of the statute is to unlock the locks put by …
Interpretation of Fiscal Statutes: section 12 of the Companies Act, 1956 provides for the mode and manner of forming an incorporated company by laying down a detailed procedure their interpretation of statutes but the paramount rule remains that 1 Law Commission of India, 60th Report, Chapter 2, para 2.2 2 Law Commission on India, …
4/05/2015 · Interpretation of statutes Basic Knowledge. Statutory Interpretation. How Judges Read the Statute Laws of Parliament Role of the Courts. Recall the courts have two main roles . To resolve disputes, both criminal and civil; To declare the law by Creating new common law ex post facto and interpreting the meaning of statute law ; Declaring the Statute Law. There can be uncertainty and … Abstract. Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, specially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language will leave little room for interpretation or construction.
4/12/2002 · In Maxwell on the Interpretation of Statutes, 12th Edn. the statement of law in this regard is stated thus: "Perhaps no rule of construction is more firmly established than thus - that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation Unfortunately, the courts in India have not adopted a consistent and uniform approach to the use of extrinsic materials in the sense of determining what aids to interpretation, external to the statute under
Statutory Interpretation and Construction Noscitur a Sociis
A continuum on the General Clauses Act 1897 with special. interpretation and general clauses act act 33 of 1974 – 12 july 1974 arrangement of sections part i – preliminary and general rules of interpretation, In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will.
Internal aids and external aids Statutory Interpretation
Statutory Interpretation and Construction Noscitur a Sociis. 22/09/2015 · 2. INTERNAL AIDS OF INTERPRETATION Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given their ordinary meaning., Interpretation of Statutes This article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the Legislature is given effect..
Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, Scope of Total Income Intensive Study Course on Income-tax Western India Regional Council of ICAI 30 June 2014 CA Kalpesh Katira . Contents • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional External aids to construction of statutes When internal aids are not adequate, court has to take recourse to External aids. External Aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc.
26/05/2010 · The maxims and presumptions developed by the common law in the interpretation of statutes perform an important function in ascribing to the legislature certain common-sense intentions. 22 Interpretation of Statutes, Deeds and Documents 22.0 Introduction This study relates to ‘Interpretation of Statutes, Deeds and Documents’.
22/09/2015 · 2. INTERNAL AIDS OF INTERPRETATION Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given their ordinary meaning. Interpretation is the process which is adopted for determination of the meaning of a writing, to determine from its known elements its true meaning or the intent of the framers of the documents. It is the art of finding out the true sense of any form of words, the sense which their author intended to convey. This art enables others to derive from the words the same idea which the author
Abstract. Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, specially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language will leave little room for interpretation or construction. interpretation and general clauses act act 33 of 1974 – 12 july 1974 arrangement of sections part i – preliminary and general rules of interpretation
logical under the totality of the circumstances.To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. The book has been cited by Courts in India and Sri Lanka Contemporary issues are highlighted analyzing the implications of the recent SC rulings It analyses significant decisions where courts have interpreted the statutes using the canons of interpretation.
"Statutes should be construed not as theorems of Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". In India, in a time where judicial activism is hailed as the protective force behind the rights of the citizenry, it becomes necessary to evaluate the role of legislative intent in statutory interpretation. In this paper, we propose to holistically address certain questions pertaining to the judicial trends in encompassing legislative intent; by importing American academic criticism of the same.
In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will logical under the totality of the circumstances.To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose.
Chap. 01 Introduction to Interpretation of Statutes (LL.B. III) Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. If you continue browsing the site, you agree to the use of cookies on this website. interpretation and general clauses act act 33 of 1974 – 12 july 1974 arrangement of sections part i – preliminary and general rules of interpretation
INTRODUCTION TO INTERPRETATION OF STATUTES LexisNexis
Interpretation of Statutes legalservicesindia.com. SUBJECT : INTERPRETATION OF STATUTES SUBJECT CODE : H3KE Objective of the Course: Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. The purpose of the interpretation of the statute is to unlock the locks put by …, Principles of Statutory Interpretation (Also including the General Clauses Act, 1897) Author: Justice G P Singh (Revised by Justice A K Patnaik).
India Principles of Retrospective Operation of Law and
Interpretation of statutes deeds and documents Chapter6. same as those in interpretation of Statutory Legislation …. Treaties are negotiated and entered into at a political level and have several considerations as their bases …. •Section 90 of the Income Tax Act •Treaty interpretation should be holistic •Indian Supreme Court Decision –Union of India vs. Azadi Bachao Andolan (2003) General rule of interpretation [Article 31] 1) ^A treaty Statutory Interpretation: General Principles and Recent Trends Larry M. Eig Specialist in American Public Law September 24, 2014 Congressional Research Service 7-5700 www.crs.gov 97-589 . Statutory Interpretation: General Principles and Recent Trends Congressional Research Service Summary The exercise of the judicial power of the United States often requires that courts construe statutes ….
22 Interpretation of Statutes, Deeds and Documents 22.0 Introduction This study relates to ‘Interpretation of Statutes, Deeds and Documents’. interpretation and general clauses act act 33 of 1974 – 12 july 1974 arrangement of sections part i – preliminary and general rules of interpretation
INTERPRETATION OF STATUTES IN INDIA -ADDRESSING THE REPERCUSSIONS BY TRACING THE JUDICIAL PRONOUNCEMENTS Shuwakitha Chadrasekaran Tamil Nadu National Law School, Trichy Presumption of constitutionality is one of the judiciary’s self-imposed restrictions on the power of judicial review. The justification behind this doctrine is stated to be the need to provide deference to … SUBJECT : INTERPRETATION OF STATUTES SUBJECT CODE : HXE Objective of the Course: Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. The purpose of the interpretation of the statute is to unlock the locks put by …
Syllabus - Interpretation of Statutes Uploaded by Abhik Majumdar Contains the outline of the Statutory Interpretation course administered at the National Law University Odisha (NLUO), India. logical under the totality of the circumstances.To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose.
Unfortunately, the courts in India have not adopted a consistent and uniform approach to the use of extrinsic materials in the sense of determining what aids to interpretation, external to the statute under Interpretation is the process which is adopted for determination of the meaning of a writing, to determine from its known elements its true meaning or the intent of the framers of the documents. It is the art of finding out the true sense of any form of words, the sense which their author intended to convey. This art enables others to derive from the words the same idea which the author
Syllabus - Interpretation of Statutes Uploaded by Abhik Majumdar Contains the outline of the Statutory Interpretation course administered at the National Law University Odisha (NLUO), India. 4/05/2015 · Interpretation of statutes Basic Knowledge. Statutory Interpretation. How Judges Read the Statute Laws of Parliament Role of the Courts. Recall the courts have two main roles . To resolve disputes, both criminal and civil; To declare the law by Creating new common law ex post facto and interpreting the meaning of statute law ; Declaring the Statute Law. There can be uncertainty and …
CIT vs. Nestle India Ltd. (2005) ITR 1 (Del. HC) “ It is settled canon of interpretation of law that wherever a provision uses plain and simple language free of ambiguity such provision should be given its plain meaning without addition or subtraction of Interpretation of statutes, deeds and documents document, deed or instrument Importance of Interpretation Interpretation, thus, is a familiar process of considerable
SUBJECT : INTERPRETATION OF STATUTES SUBJECT CODE : HXE Objective of the Course: Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. The purpose of the interpretation of the statute is to unlock the locks put by … The book has been cited by Courts in India and Sri Lanka Contemporary issues are highlighted analyzing the implications of the recent SC rulings It analyses significant decisions where courts have interpreted the statutes using the canons of interpretation.
THE GOLDEN RULE OF INTERPRETATION. The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences. 22/09/2015 · 2. INTERNAL AIDS OF INTERPRETATION Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given their ordinary meaning.
Internal aids and external aids Statutory Interpretation
A continuum on the General Clauses Act 1897 with special. External aids to construction of statutes When internal aids are not adequate, court has to take recourse to External aids. External Aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc., [Guest post by Tushit Mishra, who is a Third Year Student at NALSAR University of Law] Introduction The economic viability of an agreement in securities transactions is subject to a wide range of factors, due to which agreements concerning mergers and acquisitions (M&A) are ….
INTRODUCTION TO INTERPRETATION OF STATUTES LexisNexis
GOLDEN RULE OF INTERPRETATION Lawyersclubindia. their interpretation of statutes but the paramount rule remains that 1 Law Commission of India, 60th Report, Chapter 2, para 2.2 2 Law Commission on India, …, Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, Scope of Total Income Intensive Study Course on Income-tax Western India Regional Council of ICAI 30 June 2014 CA Kalpesh Katira . Contents • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional.
Unfortunately, the courts in India have not adopted a consistent and uniform approach to the use of extrinsic materials in the sense of determining what aids to interpretation, external to the statute under In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will
In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will Syllabus - Interpretation of Statutes Uploaded by Abhik Majumdar Contains the outline of the Statutory Interpretation course administered at the National Law University Odisha (NLUO), India.
Interpretation of Statutes This article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the Legislature is given effect. External aids to construction of statutes When internal aids are not adequate, court has to take recourse to External aids. External Aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc.
Basic Tenets of Taxation, Interpretation of Taxing Statutes, Basis of Charge & Charge of Income-tax, • Basic Tenets of Taxation • Interpretation of Taxing Statutes • Basis of Charge & Charge of Income-tax • Scope of Total Income 2 . Basic Tenets of Taxation . Constitutional Provisions • The Constitution of India vests the Parliament with plenary legislative powers to impose taxes Principles of Statutory Interpretation (Also including the General Clauses Act, 1897) Author: Justice G P Singh (Revised by Justice A K Patnaik)
Unfortunately, the courts in India have not adopted a consistent and uniform approach to the use of extrinsic materials in the sense of determining what aids to interpretation, external to the statute under their interpretation of statutes but the paramount rule remains that 1 Law Commission of India, 60th Report, Chapter 2, para 2.2 2 Law Commission on India, …
In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will 4/12/2002 · In Maxwell on the Interpretation of Statutes, 12th Edn. the statement of law in this regard is stated thus: "Perhaps no rule of construction is more firmly established than thus - that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation
INTRODUCTION TO INTERPRETATION OF STATUTES LexisNexis. Abstract. Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, specially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language will leave little room for interpretation or construction., 4/05/2015 · Interpretation of statutes Basic Knowledge. Statutory Interpretation. How Judges Read the Statute Laws of Parliament Role of the Courts. Recall the courts have two main roles . To resolve disputes, both criminal and civil; To declare the law by Creating new common law ex post facto and interpreting the meaning of statute law ; Declaring the Statute Law. There can be uncertainty and ….
INTERPRETATION OF STATUTES www.harjindersingh.in
INTRODUCTION TO INTERPRETATION OF STATUTES LexisNexis. In India, in a time where judicial activism is hailed as the protective force behind the rights of the citizenry, it becomes necessary to evaluate the role of legislative intent in statutory interpretation. In this paper, we propose to holistically address certain questions pertaining to the judicial trends in encompassing legislative intent; by importing American academic criticism of the same., statute is one of which judicial notice is taken, while a private statute is required to be pleaded and proved by the party seeking to take the advantage of it. Interpretation is the process by which the court seeks to ascertain the meaning of a particular legislation,.
Statutory Interpretation and Construction Noscitur a Sociis
India Principles of Retrospective Operation of Law and. 22 Interpretation of Statutes, Deeds and Documents 22.0 Introduction This study relates to ‘Interpretation of Statutes, Deeds and Documents’. SUBJECT : INTERPRETATION OF STATUTES SUBJECT CODE : HXE Objective of the Course: Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. The purpose of the interpretation of the statute is to unlock the locks put by ….
their interpretation of statutes but the paramount rule remains that 1 Law Commission of India, 60th Report, Chapter 2, para 2.2 2 Law Commission on India, … Principles of Statutory Interpretation (Also including the General Clauses Act, 1897) Author: Justice G P Singh (Revised by Justice A K Patnaik)
same as those in interpretation of Statutory Legislation …. Treaties are negotiated and entered into at a political level and have several considerations as their bases …. •Section 90 of the Income Tax Act •Treaty interpretation should be holistic •Indian Supreme Court Decision –Union of India vs. Azadi Bachao Andolan (2003) General rule of interpretation [Article 31] 1) ^A treaty The book has been cited by Courts in India and Sri Lanka Contemporary issues are highlighted analyzing the implications of the recent SC rulings It analyses significant decisions where courts have interpreted the statutes using the canons of interpretation.
Interpretation of statutes, deeds and documents document, deed or instrument Importance of Interpretation Interpretation, thus, is a familiar process of considerable In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will
Interpretation of Statutes This article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the Legislature is given effect. The book has been cited by Courts in India and Sri Lanka Contemporary issues are highlighted analyzing the implications of the recent SC rulings It analyses significant decisions where courts have interpreted the statutes using the canons of interpretation.
Interpretation is the process which is adopted for determination of the meaning of a writing, to determine from its known elements its true meaning or the intent of the framers of the documents. It is the art of finding out the true sense of any form of words, the sense which their author intended to convey. This art enables others to derive from the words the same idea which the author Interpretation of Statutes This article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the Legislature is given effect.
22 Interpretation of Statutes, Deeds and Documents 22.0 Introduction This study relates to ‘Interpretation of Statutes, Deeds and Documents’. In India, in a time where judicial activism is hailed as the protective force behind the rights of the citizenry, it becomes necessary to evaluate the role of legislative intent in statutory interpretation. In this paper, we propose to holistically address certain questions pertaining to the judicial trends in encompassing legislative intent; by importing American academic criticism of the same.
same as those in interpretation of Statutory Legislation …. Treaties are negotiated and entered into at a political level and have several considerations as their bases …. •Section 90 of the Income Tax Act •Treaty interpretation should be holistic •Indian Supreme Court Decision –Union of India vs. Azadi Bachao Andolan (2003) General rule of interpretation [Article 31] 1) ^A treaty External aids to construction of statutes When internal aids are not adequate, court has to take recourse to External aids. External Aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc.
In New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, the Apex Court had held: “It is a recognized rule of interpretation of statutes that expressions used therein should ordinary be understood in a sense in which they best harmonies with the object of the statute and which effectuate the object of the legislature. Therefore, when two constructions are feasible, the court will Syllabus - Interpretation of Statutes Uploaded by Abhik Majumdar Contains the outline of the Statutory Interpretation course administered at the National Law University Odisha (NLUO), India.