This document discusses various internal and external aids that courts use to interpret statutes. It outlines several internal aids such as the title, preamble, headings, sections, punctuation and exceptions. The title is divided into short and long titles, with the long title providing more context about the statute's objective. Both the title and preamble can help resolve ambiguities but cannot override clear meaning from the enacting clauses. The document also briefly introduces some external aids like dictionaries and statutes in pari materia, before focusing on further explaining internal aids like the limitations of using the title and cases where courts have relied on the preamble.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
Mastering Local SEO for Service Businesses in the AI Era is tailored specifically for local service providers like plumbers, dentists, and others seeking to dominate their local search landscape. This session delves into leveraging AI advancements to enhance your online visibility and search rankings through the Content Factory model, designed for creating high-impact, SEO-driven content. Discover the Dollar-a-Day advertising strategy, a cost-effective approach to boost your local SEO efforts and attract more customers with minimal investment. Gain practical insights on optimizing your online presence to meet the specific needs of local service seekers, ensuring your business not only appears but stands out in local searches. This concise, action-oriented workshop is your roadmap to navigating the complexities of digital marketing in the AI age, driving more leads, conversions, and ultimately, success for your local service business.
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Embrace AI for Local SEO: Learn to harness the power of AI technologies to optimize your website and content for local search. Understand the pivotal role AI plays in analyzing search trends and consumer behavior, enabling you to tailor your SEO strategies to meet the specific demands of your target local audience. Leverage the Content Factory Model: Discover the step-by-step process of creating SEO-optimized content at scale. This approach ensures a steady stream of high-quality content that engages local customers and boosts your search rankings. Get an action guide on implementing this model, complete with templates and scheduling strategies to maintain a consistent online presence. Maximize ROI with Dollar-a-Day Advertising: Dive into the cost-effective Dollar-a-Day advertising strategy that amplifies your visibility in local searches without breaking the bank. Learn how to strategically allocate your budget across platforms to target potential local customers effectively. The session includes an action guide on setting up, monitoring, and optimizing your ad campaigns to ensure maximum impact with minimal investment.
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CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
Mastering Local SEO for Service Businesses in the AI Era is tailored specifically for local service providers like plumbers, dentists, and others seeking to dominate their local search landscape. This session delves into leveraging AI advancements to enhance your online visibility and search rankings through the Content Factory model, designed for creating high-impact, SEO-driven content. Discover the Dollar-a-Day advertising strategy, a cost-effective approach to boost your local SEO efforts and attract more customers with minimal investment. Gain practical insights on optimizing your online presence to meet the specific needs of local service seekers, ensuring your business not only appears but stands out in local searches. This concise, action-oriented workshop is your roadmap to navigating the complexities of digital marketing in the AI age, driving more leads, conversions, and ultimately, success for your local service business.
Key Takeaways:
Embrace AI for Local SEO: Learn to harness the power of AI technologies to optimize your website and content for local search. Understand the pivotal role AI plays in analyzing search trends and consumer behavior, enabling you to tailor your SEO strategies to meet the specific demands of your target local audience. Leverage the Content Factory Model: Discover the step-by-step process of creating SEO-optimized content at scale. This approach ensures a steady stream of high-quality content that engages local customers and boosts your search rankings. Get an action guide on implementing this model, complete with templates and scheduling strategies to maintain a consistent online presence. Maximize ROI with Dollar-a-Day Advertising: Dive into the cost-effective Dollar-a-Day advertising strategy that amplifies your visibility in local searches without breaking the bank. Learn how to strategically allocate your budget across platforms to target potential local customers effectively. The session includes an action guide on setting up, monitoring, and optimizing your ad campaigns to ensure maximum impact with minimal investment.
It's another new era of digital and marketers are faced with making big bets on their digital strategy. If you are looking at modernizing your tech stack to support your digital evolution, there are a few can't miss (often overlooked) areas that should be part of every conversation. We'll cover setting your vision, avoiding siloes, adding a democratized approach to data strategy, localization, creating critical governance requirements and more. Attendees will walk away with actions they can take into initiatives they are running today and consider for the future.
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You'll never draw a blank again on what kind of video to make for your business. Go beyond the basic categories and truly reimagine a brand new advanced way to brainstorm video content creation. During this masterclass you'll be challenged to think creatively and outside of the box and view your videos through lenses you may have never thought of previously. It's guaranteed that you'll leave with more than 10 video ideas, but I like to under-promise and over-deliver. Don't miss this session.
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Check out this webinar and unlock the secrets to thriving in the new Google era.
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1. INTERNAL AND EXTERNAL AIDS TO INTERPRETATION
INTRODUCTION
• Interpretation means the process of ascertaining the true meaning of the words used in a
statute. The object of interpretation of statutes is to determine the intention of the
legislature conveyed expressly or impliedly in the language used.
• Judges take the help of both Rules and Aids in the interpretation of Statutes.
• As stated by the Supreme Court in K.P. Varghese v. Income Tax Officer, Ernakulam
AIR 1981 SC 1922, interpretation of statute being an exercise in the ascertainment of
meaning, everything which is logically relevant should be admissible. A Rule is a
uniform or established course of things. There are three rules of interpretation of statutes-
Literal, Golden and Mischief. An Aid, on the other hand is a device that helps or assists.
For the purpose of construction or interpretation, the court has to take recourse to various
internal and external aids.
AIDS TO INTERPRETATION OF STATUTES
• An ‘Aid’ is a device that helps or assists. While performing the function of interpreting
provision of a statute, the Court can take help from within the Statute or even outside the
statute.
• INTERNAL OR INTRINSIC AIDS
I. Title
2. Preamble
3. Headings & Marginal notes
4. Sections & sub – sections.
5. Punctuations
6. Illustrations.
7. Exceptions.
8. Proviso & Saving clauses.
9. Schedules.
10. Non Obstante clause
•
2. • EXTERNAL OR EXTRINSIC AIDS
1. Dictionary.
2. Translation.
3. Travaux Preparations.
4. Statutes in pari material.
5. Contemporanea Expostio.
6. Debates.
7. Reports.
INTERNAL AIDS
• Internal aids mean those aids which are available in the statute itself, though they may not
be part of enactment. Some Internal Aids are-
1. TITLE
In a Statute, there are basically two title:
• Short Title.
• Long Title.
• Short Title:
• The short title of the Act is only its name and is given solely for the purpose of facility of
reference.
• It is merely a name given for identification of the Act and not for description and
generally ends with the year of passing of the Act, such as the Indian Contract Act, 1872,
the Indian Penal Code, 1860, the Indian Evidence Act, 1872.
• It is referred merely for convenience.
• Even though it is a part of the statute, it has no role to play while interpreting a provision
of the Act. Neither can it extend nor can it delimit the clear meaning of a particular
provision.
• Long title – Every Statute is headed by a long title and it gives the general description
about the object of an Act. Normally. It begins with the words ‘An Act to…….’
3. • For e.g. the long title of the Code of Civil Procedure, 1908, is – “An Act to consolidate
and amend the laws relating to the procedure of the Courts of Civil Judicature”.
• In recent times, long title has been used by the courts to interpret certain provision of the
statutes.
• However, it is useful only to the extent of removing the ambiguity and confusions.
• If the words in a statute are unambiguous, no help is derived from the long title.
• Long title is a part of a statute. However, it cannot override plain or clear meaning from
the enactment.
• In Fisher v. Raven 1964 AC 210 (HL)
• Interpretation of the words ‘obtained credit’ in Section 13(1) of the Debtor’s Act, 1869
was involved.
• The House of Lords looked at the long title of the Act which reads ‘An Act for the
Abolition of Imprisonment for Debt, for the punishment of fraudulent debtors, and for
other purposes’ and held that the words refer to credit for the payment of money.
CASES
• In Poppatlal Shah v. State of Madras, AIR 1953 SC 274- the title of the Madras
General Sales Tax, 1939, was utilised to indicate that the object of the Act is to impose
taxes on sales that take place within the province.
• In Re Kerala Education bill 1959 1 SCR 995, the Supreme Court held that the policy
and purpose may be deduced from the long title and the preamble.
LIMITATIONS OF TITLE AS INTERNAL AIDS TO INTERPRETATION
• Title has no role to play where the words employed in the language are plain and precise
and bear only one meaning.
• Title can be called in aid only when there is an ambiguity in the language giving rise to
alternative construction.
• Title cannot prevail over the clear meaning of an enactment.
• Title cannot be used to narrow down or restrict the plain meaning of the language of the
statute.
2. PREAMBLE
4. • It expresses the scope, object and purpose of the Act more comprehensively than the
Long title.
• The preamble may depict the ground and the cause of making a statute and the evil which
is sought to be remedied by it.
• For e.g. the Preamble of the Indian Penal Code, 1860, is “Whereas it is expedient to
provide a general Penal Code for India; it is enacted as follows”.
When preamble can be referred:
• When wording gives rise to doubts or where the words or phrase has more than one
meaning. Hence, the preamble can be referred only when the language of the statute is
not clear.
• It does not override the plain provision of the Act.
CASES
• In Kashi Prasad v. State AIR 1950 All 732, the Court held that even though the
preamble cannot be used to defeat the enacting clauses of a statute, it can be treated for
the interpretation of the statute.
• Another important example is found in Kesavananda Bharati v. State of Kerala, AIR
1973 SC 1461– wherein the apex court strongly relied on the Preamble to the
Constitution of India in reaching a conclusion that the power of the Parliament to amend
the constitution under Article 368 was not unlimited and did not enable the Parliament to
alter the Basic Structure of the Constitution.
• In A.C. Sharma v. Delhi Administration AIR 1973 SC 913
• In this case, the appellant challenged his conviction under Section 5 of the Prevention of
Corruption Act, 1947.
• His main ground was that after the establishment of the Delhi Special Police
Establishment, the anti-corruption department of the Delhi Police has ceased to have
power of investigating bribery cases because the preamble of the Delhi Special Police
Establishment Act, 1946 pointed out to this effect.
• The court, however, held that no preamble can interfere with clear and unambiguous
words of a statue.
• Section 3 of the Delhi Special Police Establishment, 1946 empowered the Delhi Special
Police also to investigate such cases.