This document discusses external aids that can be used to interpret statutes in India. It covers parliamentary history, historical facts, social and economic developments, references to other statutes, contemporary opinion, dictionaries, foreign decisions, and the General Clauses Act. Key points include that Indian courts now consider parliamentary history for interpretation, references can be made to statutes in pari materia or that are incorporated, and contemporary dictionaries provide general guidance but not final authority on meanings.
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.
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.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
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.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
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.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Interpretation of statues: Meaning, object & types.legalpuja22
Introduction to Statutory Interpretation
Definition: Statutory interpretation refers to the process of interpreting and applying statutes or laws enacted by legislative bodies.
Importance: It helps in understanding the meaning and purpose behind laws, resolving ambiguities, and ensuring fair and just application of legislation.
Meaning of Statute
A statute is a formal written enactment of a legislative body, which may be national, regional, or local in scope.
Statutes can encompass a wide range of subjects, from criminal law to tax regulations to civil rights.
Object of Statutory Interpretation
The primary object of statutory interpretation is to ascertain and give effect to the intention of the legislature.
This involves understanding the purpose and objectives behind the enactment of a statute.
Reason for Statutory Interpretation
Ambiguity: Statutes may contain ambiguous language or concepts that require interpretation.
Evolution: Societal norms and values evolve over time, necessitating reinterpretation of existing laws.
Advances in technology and globalization may also require reinterpretation of statutes.
Nature of Statutory Interpretation
Dynamic Process: Statutory interpretation is not static; it evolves with changing circumstances and societal values.
Judicial Discretion: Courts have discretion in interpreting statutes, but must do so within the framework of established legal principles.
Scope of Interpretation
Literal Interpretation: Interpreting statutes based solely on the literal meaning of the words used.
Purposive Interpretation: Focusing on the purpose and objectives behind the enactment of a statute.
Contextual Interpretation: Considering the broader context, including legislative history and societal norms.
Types of Statutes
Codifying Statutes: Consolidate and organize existing laws on a particular subject into a single statute.
Example: The Indian Penal Code, 1860, which consolidates laws related to criminal offenses in India.
Consolidating Statutes: Combine various statutes or parts of statutes related to a specific subject into one comprehensive statute.
Example: The Code of Civil Procedure, 1908, which consolidates laws related to civil procedure in Indian courts.
Declaratory Statutes: Clarify existing laws or legal principles without making substantive changes.
Example: The Hindu Succession (Amendment) Act, 2005, which clarified the rights of Hindu women in matters of inheritance.
Remedial Statutes: Provide mechanisms for addressing legal disputes and enforcing rights.
Example: The Consumer Protection Act, 2019, which provides remedies for consumers against unfair trade practices.
Enabling Statutes: Empower government agencies to create regulations within specified areas.
Example: The Reserve Bank of India Act, 1934, which empowers the Reserve Bank of India to regulate the banking sector in India.
Disabling Statutes: Restrict or prohibit certain actions or behaviors.
In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President
Air Force officers are preeminent for our nation. Their contribution to safeguard the nation by taking charge of the air space is something which is commendable. Therefore, officers of such high stature should be bestowed with best looking badges which would reflect their limitless contribution to the nation. So, employing the best badge manufacturer in California for crafting the insignias for Air force officers is utmost necessary
This research deals with the critical analysis of the case, L. Chandra Kumar v. U.O.I [1997]. Efforts have been made to explain the jurisprudential premise of Articles 323-A and 323-B of the Constitution of India, 1950. Efforts have been made to understand the legislative intent behind the Administrative Tribunals Act of 1985.
Unraveling The Mysteries of The U.S. CodesChuck Thompson
Understanding laws and the US Code. Some information to take the mystery out of the legal system. We do not completely agree with the information contained herein as there are areas that seem to violate Constitutional law. Those are arguments for the courts however.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
2. 1. Introduction
2. Parliamentary History
3. Historical Facts &
Surrounding circumstances
4. Later Social, Economic, Political
developments and Scientific Inventions.
5. Reference to other Statues.
6. Contemporary opinion
SUMMARY OF DETAILS
EXTERNAL AIDS TO CONSTRUCTION
3. 7. Policy Behind the Act
8. General sound policy
9. Precedent
10. Use of Dictionaries
11. Use of Foreign Decision
12. Subtraction & Insertion of words
13. Use of General Clause Act
SUMMARY OF DETAILS
EXTERNAL AIDS TO CONSTRUCTION
5. PARLIAMENTARY HISTORY
Object and reasons behind enacting Act,
how far to be considered ?
In England, for Interpretation-
Parliament Intention, History, Statutes, Main bill of
Proposed Act, Amendments, Bill introducing
Minister’s Statements etc are all Irrelevant.
In America, above are taken into consideration.
In India, in the beginning courts followed views of England.
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6. PARLIAMENTARY HISTORY
RULINGS:-
A.K. Gopalan case (1950)
Chitrangeetlal case (1951)
K.P.Vargeese v/s Income tax Officer (1981)
Express News Paper Case (1958)
Ashwini Kumar Case (1952)
Comm. of Income Tax v/s Vadilal Lalubhai (1973)
Shanta Singh v/s State of Punjab (1976)
Kesavnand Bharti v/s State of Kerala (1973)
Maneka Gandhi Case (1978)
Builder’s Ass. of India v/s Union of India (1982)
S.P. Gupta v/s President of India (1982)
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7. HISTORICAL FACTS & SURROUNDING
CIRCUMSTANCES
Historical perspective behind enactment of an Act
provides useful guide for interpretation.
Old Act , its jurisdiction, objects and reasons for enactments,
typical language used therein all invite one to go down in past
and refer to historical backdrop.
Ruling (1960-SC):- Interpretation of “ BASIC WAGES “
u/s 2(B) of Employees Provident Fund Act, 1952,
SUPREME COURT referred history.
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8. LATER SOCIAL, ECONOMIC, POLITICAL
DEVELOPMENT & SCIENTIFIC INVENTION
In England- “ Telegraph Act, 1863”,
Telephone deemed included
Word “ Textile “ explained by SC as absorbing new techniques.
If no contrary intention found, new facts and circumstances
can be incorporated while interpreting a word.
Construction can be treated as per Justice BOSE, as elastic in
nature so that it can respond to new changing circumstances.
Ruling:- Video Conference Case, Ruling by SC Referred
(2003-SC)
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9. REFERENCE TO OTHER STATUTES
Interpretation of a given word is based on study of its context /
reference . Major ways to study Context / Reference
are through:-
a) Statutes in Pari Materia
b) Assistance of Earlier Statutes
c) Assistance of Later Statutes
d) Codifying & Consolidated Statutes
e) Incorporation of Earlier Act into Later Act.EXTERNAL AIDS TO CONSTRUCTION
10. (A) STATUTES IN PARI MATERIA
There are two or more statutes on same subject matter which
are enacted by competent authority and hence meaning of word
clause or phrase of one statute is applied in the case of same
word, clause or phrase in Pari Materia Statutes.
Illustrations of Pari Materia Statutes
General Clauses Act,1897- The Bombay General Clauses Act,1904
Indian Court Fees Act,1870 - Bombay Court Fees Act,1959
Code of Civil Procedure,1908 – Code of Criminal Procedure 1973
Industrial Dispute Act, 1947 – Bombay Industrial Relations Act, 1946
All above acts are Pari Materia – Identical Subject Matter / Procedure.
EXTERNAL AIDS TO CONSTRUCTION
11. Rulings :-
(1) State of Assam v/s P. Barua (1969)
Income Tax Act,1922 v/s Assam Agricultural Act, 1939
(2) Ram Chander v/s Union of India (1981-SC)
Rule 27(2) of Central Civil Services ( Classification
Control, Appeal) Rules, 1965 & Rule 22(2) of
Railway Servants ( Discipline & Appeal ) Rules, 1968
(3) M/s MSCO v/s Union of India (1985 – SC )
‘ Industry ‘ defined in I.D. Act,1947 & Notification
under Customs Act, 1962 & Constitution of India,1950
---- Held, such Acts NOT Pari Materia ---
(A) STATUTES IN PARI MATERIA
EXTERNAL AIDS TO CONSTRUCTION
12. (B) ASSITANCE OF EARLIER STATUTES
Repealed Act v/s Reenacted / Reconstituted Act. In Later Acts,
words sometimes carry same meaning as in the case of
Repealed Act.
Constitution of India Article 245(1), 246 are similar to s. 99(1) &
100 of Government of India Act, 1935.
EXTERNAL AIDS TO CONSTRUCTION
13. (C) ASSITANCE OF LATER STATUTES
When Earlier Act ( in time ) is vague or uncertain in some respect
then later Acts sometimes provide meaning to them.
Rulings:-
(1) State of Bihar v/s S.K. Roy (1966-SC)
The Coal Mines Provident Fund & Bonus Scheme Act, 1948
Definition of ‘ Coal Mine ‘ vague. Amendments in 1965
defined ‘ Coal Mine ‘ and based on it ‘or’ read as ‘and’
in 1948 version of ‘Coal Mine’.
(2) Ammini v/s State of Kerala (1998 SC ).
S. 293(4) Cr. P.C, 1973 ‘ Director ‘ includes ‘ Joint Director ‘
as per 1988 amendment which included Deputy/Asst. Director.
(3) No Assistance of later statutes for interpreting I.D. Act
S. 25 F & 2(oo) based on 1956 amendment for S.25 FF.
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14. (D) CODIFYING & CONSOLIDATING STATUTES
A codifying Statute is one which purports to state exhaustively the
whole of the law upon a particular subject incorporating both the pre-
Statutory provisions and also common law rules relating to matters.
Rulings:- Rohini Kumari v/s Narendra Singh (1972-SC)
Hindu Marriage Act, 1956. Preamble “ to amend and codify
law among Hindus “.
No help outside of codified law is available.
A consolidating Statute is one which collects all statutory’s provisions
relating to a particular topic into one legislative Act
with minor amendment.
Example :- (1) Indian Evidence Act, 1872.
(2) Code of Criminal Procedure, 1973
(3) General Clauses Act, 1897
Readily available interpretation under the old law is helpful while
interpreting consolidated Statute.
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15. (E) INCORPORATION OF EARLIER ACT
INTO LATER ACT
Provision of earlier act is applied sometimes for interpreting later Act.
Rulings:-
1) AIR 1978 SC 793
Madhyapradesh Land Revenue Code,1954 S.151
“ Subject to his personal law”
Hindu Succession Act,1956
Held, not only provisions of earlier personal law but also Hindu
succession Act, 1956 applicable.
2) Pareshchandra Chatterjee v/s State of Assam (1962-SC)
Land Acquisition Act, 1894 & Assam Land ( Requisition &
Acquisition ) Act 1948. Provision of Acquisition applied to
requisition also.
3) Lily Thomas Case ( 2000-SC )
S-17 ‘ Hindu Marriage Act 1955’ – Offence of Bigamy
Reference to S. 494 & S. 495 of Indian Penal Code, 1860.
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16. CONTEMPORARY OPINION
Interpretation by contemporary judges.
Expert Opinions / Commentaries by contemporary Scholars on
Custom, Usage, Tradition, Personal Laws etc.
No Application post 1858 in England.
Example:- Bombay Municipal Corporation Act, 1888. Liability to
pay tax on Landlord.
Counter Ruling:- TELCO Case ( 1976-SC )
‘ Bombay Village Panchayat Act, 1933 S-89
“House” read with its rule 108 “ land &
Building “. Hence “House” covers “ Factory “.
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17. POLICY/SOCIAL POLICY BEHIND ACT
In case of a plain word, no need exists for considering policy
behind the act . In complicated case sometimes policy study
is important for interpretation.
Of the two interpretation – one that advances policy behind
the act or curbs the mischief sought to be plugged is to be
followed.
EXTERNAL AIDS TO CONSTRUCTION
18. PRECEDENT
Past ruling, Predictability, Certainty, Stability of law
achieved through application of Precedents.
Ratio / Essence or core reason of the judgment is mainly
Important. Stare decisis- Ratio decidendi
Article 141 Constitution of India, 1950.
Legislatures make the law. Court declares the law.
Precedent reinforces law. Only in rare cases, court makes
the law.
EXTERNAL AIDS TO CONSTRUCTION
19. USE OF DICTIONARIES
Dictionary is not treated as final authority.
When no help from other sources available, dictionary
provide general guidance, help
Technical and Legal Terms
RULINGS:-
Employees State Insurance Corp. v/s TELCO (1976-SC),
Word “Apprentice”, dictionary meaning followed
EXTERNAL AIDS TO CONSTRUCTION
20. USE OF DICTIONARIES
RULINGS:- Dictionary meaning NOT followed
Word “ Honorarium” (1975-SC)
Alamgir v/s State of Bihar (1956-SC), word ‘Detained’
in S. 498 of IPC 1860.
Ramavatar v/s Asst. Sales Tax Officer (1961), word
‘ BETAL LEAVES ’ not treated as “ Vegetable “.
Motipur Zamindari Co. v/s State of Bihar (1962), word
‘ SUGARCANE ’ not treated as “ Vegetables ”.
EXTERNAL AIDS TO CONSTRUCTION
21. USE OF FOREIGN DECISIONS
No use when meaning is clear. However many principles of
law ( like ‘natural justice’ ) are based on foreign principles.
Illustrations/Explanations in the acts are borrowed from
English Laws.
Many provisions of our constitution are borrowed from other
Countries.
RULINGS:- (1) A.K. Gopalan Case (1950-SC),
Foreign decisions referred.
(2) Ranjit Udeshi v/s State of Maharashtra (1965),
S. 292 of IPC – Sale of Obscene books,
Whether Obscene ? Foreign Decisions referred.
EXTERNAL AIDS TO CONSTRUCTION
22. SUBTRACTION & INSERTION OF WORDS
Basic presumption is that each word in the statute is
introduced purposefully.
However if by ignoring a word, court feels that meaning
does not suffer then such word is treated as ‘ subtracted ‘.
Similarly, to make the provision meaningful if court adds
the missing word in the statutes then that exercise amounts
to insertion of words.
EXTERNAL AIDS TO CONSTRUCTION
23. USE OF GENERAL CLAUSES ACT, 1897
Consolidated Act
Definition of :
(1) Act (6) India
(2) Affidavit / Oath (7) Indian Law
(3) Central Government (8) Person
(4) Document (9) State Government
(5) Immovable / Moveable Property (10) Local Authority
S-6 Effects of Repeal of Act
S-13 ‘ Masculine Gender ’ & ‘Singular’
S-16 Power of Appointment
Bombay General Clauses Act, 1904.
EXTERNAL AIDS TO CONSTRUCTION