1. Assignment
Subject: Rules of Interpretation &General Clauses Act
Course Code: LAW307
Department Of Law
Submitted to:
Afsana Nusrat Sultana
Lecturer: Department Of Law
Daffodil International University
Submitted By:
Munibullah Al Mohsin
Department Of Law
2. ID NO: 161-26-109
Table Content 02
Introduction……………………………………………………………………………………………………03
Interpretation…………………………………………………………………………………………………03
Internal Aids..…………………………………………………………………………………………………03
Short Title………………………………………………………………………………………………………03
Long Title………………………………………………………………………………………….……..…….04
Preamble……………………………………………………………………………………..…………………04
Marginal Notes…………………………………………………………………..………………..…………05
Headings………………………………………………………………………………………………………..05
Explanations………………………………………………………………………………………….……….06
Schedules………………………………………………………………………………………..……………..07
Illustrations……………………………………………………………………….………………….……….07
Conclusion…………………………………………………………………………………….……………….07
Bibliography…………………………………………………………………..………………………………07
3. 03
Topic-Internal Aid To Interpretation
Introduction: Legislation is the basic function of Bangladesh Jatiyo Shangshad. The
Constitution of the People’s Republic of Bangladesh has vested exclusively all the legislative
powers of the Republic to Parliament. As per constitutional provision, article 80 and 82 of the
constitution encompasses the basic provision of law making process. After law making process
the Act must be follow same condition that’s name Aids of interpretation.
What is Interpretation?
Interpretation is a process by which the court seeks to ascertain the meaning of the legislation
through the meaning of any legislation through the medium of authoritative forms in which it is
expressed. Interpretation is a process of Application of mind. It is primary function of the court.
Internal Aids:
Short Title
Long Title
Preamble
Marginal Notes
Headings
Explanations
Schedules
Illustrations
Short Title: Short title is a nick name of the Act. It is merely name given for identification.
The short title of the Act is purely for reference only. It is merely for convenience.
4. 04
Example-
Penal Code, 1860
The Evidence Act, 1872
Transfer of Property Act, 1882
Etc.
Long Title: Long title purpose is to give a general description about the object of thee Act. In
the long title there has short description about the act.
Case Reference-
According to case Monohor Lal VS. State of Punjab, Supreme Court of India held that. Long title
of the Act is relied as a guide to decide the scope of the Act.
Example-
The Long title of criminal procedure, 1898 says: An Act to consolidate and amend the law
relating to the criminal.
Preamble- Preamble is the similar to the long title. It is the glued of legislature to enact a
law. The Act Starts with a preamble and is generally small. The main objective and purpose of
the Act are found in the Preamble of the Statute. “Preamble is the Act in a nutshell. It is a
preparatory statement. It contains the recitals showing the reason for enactment of the Act.
Preamble is the key to open mind of the legislature.
5. 05
Case Reference-
According to case Sadmani vs. Naranda 4DLR 492 the court Held: Preamble is an guide
to intention of legislature, it cannot control or restricted.
Kashi Prasad v State, the court held that even though the preamble cannot be used to
defeat the enacting clauses of a statute, it can be treated as a key for the interpretation
of the statute.
Marginal Notes- Marginal Notes are known as side notes. They are not part of the
statute. Marginal notes are the notes that are printed at the side of the section in an Act and it
summarizes the effect of the section. In olden time it has been used.
Case Reference-
According to case Tara prashad Vs. Union of India AIR 1980 SC1682 the
supreme court held that marginal notes to the sections of a statute and titles
of its chapters cannot take away the effect of the provisions contained in the
Act so as to render those provisions legislatively incompetent.
In Wilkes v Goodwin, the Court held that the side notes are not part of the Act
and hence marginal notes cannot be referred.
Examples-
Proclamation of emergency Article 141A of Bangladesh constitution
Crime Investigation Section 18 of Nari o Shisu Nirzaton Ain, 2000
Special Tribunal Power Section 28 of Special Power Act 11974.
6. Headings-Headings are prefixed to sections ora group or a set of sections. A group
of Sections are given under a heading which act as their preamble. Sometimes a single section
might have a preamble.
06
Case Reference-
In Durga Thathera v Narain Thathera, the court held that the headings are like a preamble
which helps as a key to the mind of the legislature but do not control the substantive section of
the enactment.
Example
Section 264- 267 0f Penal Code 1860 Says about punishment forOffences relating to
weights and measures
Section 489A-489F of penal code 1860 Says about Punishment for Counterfeiting
currency-noted or bank-notes
Section 81-84 Of Registration Act, 1908 Says about penalties
Explanations
IN certain provisions of an Act explanations may be needed when doubts arise as to the
meaning of the particular section. Explanations are given at the end of each section and it is
part and parcel of the enactment.
Case Reference-
In Sulochna Amma V. Narayanan Nair AIR 1988 SC 152 The Supreme Court observed
that it is essential to keep in mind that the object of this explanation.
7. 07
Schedules-Schedules attached to an act generally deal with as to how claimor rights under
the Act are to be asserted or as to how powers conferred under the Act are to be exercise
.Schedules form part of a statute. They are at the end and contain minute details for working
out the provisions of the express enactment.
Case Reference-
In Ramchand textiles v sales tax officer the court held that, the expression in the schedule
cannot override the provisions of the express enactment. Inconsistency between schedule and
the Act, the Act prevails.
Illustrations
Illustrations in enactment provided by the legislature are valuable aids in the understanding the
real scope. A large number of Indian Acts have illustration appended to various section.
Conclusion-
From the above discussion, we may say that above mention parts of statue serves as internal
aids. It is very much important condition for Act.
Bibliography
Journal of Seoul National Law University , South Korea
Law teacher.Com
Slide share
Journal of Tishighowa University, China
8. Book of Rules of interpretation of statutes&Genaral Clauses Act
Books of Barrister Abdul Halim
The End