The document discusses statutory interpretation and outlines several important principles:
1) Statutes must be read as a whole in their context, considering the overall scope and purpose of the statute.
2) Words take meaning from the context in which they are used, and individual words or provisions cannot be read in isolation.
3) Interpreting a statute involves understanding the legislative intent and reading the statute holistically rather than focusing too narrowly on any one word or provision.
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.
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.
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.
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.
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.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. Introduction
• Statutory interpretation is the process of interpreting and applying legislation to decide cases.
• 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 statue.
• When the language of the statue is clear there is no need for the rules of interpretation
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3. Importants points to consider in the context of interpreting
statues
• Intention of the legislature
• Statues must be read as a whole in its context
• Statues to be constructed so as to make it effective and
workable
• .If the meaning is plain, effect must be given to it irrespective
of consequences
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4. INTERPRETATION OF STATUES
• Interpretation of statues is required for two basic reasons
• Legislative Language:-
• Legislative language may be complicated for a Layman and hence require interpretation
• Legislative Intent
• The intention of Legislature includes two aspects
• Concept of meaning
• Concept of purpose
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5. A STATUTE MUST BE READ AS A WHOLE IN
ITS CONTEXT
• Act as a whole in context the words of any statutory provision must
be first read in the context provided by the statute as a whole.
• Whenever the question arises as to the meaning of a certain provision in a
statute, it is proper and legitimate to read that provision in its context. This
means that the statute must be read as a whole. What was the previous
state of the law, study of other statutes in pari materia i.e., on the same
matter, if there are any, what is the general scope of the statute and what is
the mischief which it wanted to remedy, all these questions are to be
considered here.
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6. A STATUTE MUST BE READ AS A WHOLE IN
ITS CONTEXT
• The conclusion that the language used by the legislature is plain or ambiguous can
only be truly arrived at by studying the statute as a whole. Words take colour from
the context in which they are used, keeping pace with the time. Words used as an
adjective draws colour from the context too. The same word may mean one thing in
one context and another in different context, therefore, the same word used in
different sections of a statute or even when used at different places in the same
clause or section of a statute may bear different meanings. That is why it is
necessary to read the statute as a whole in its context.
• In matters of interpretation one should not concentrate too much on one word and
pay too little attention to other words as no words or expressions used in any statute
can be said to be redundant or superfluous. Every provision and every word must be
looked at generally and in the context in which it is used and not in isolation. Every
part of the provision has to be given meaning and effect in the context of the statute.
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7. CASE LOG
• (Attorney-General v. Prince Ernest Augustus of Hanover (1957) AC 436, at pp 461, 473; Maunsell v. Olins (1975) AC 373, at
p 386; Black-Clawson Ltd. v. Papierwerke A.G. [1975] UKHL 2; (1975) AC 591, at p 613) but "if, when so read, the meaning of
the section is literally clear and unambiguous, nothing remains but to give effect to the unqualified words":
• Metropolitan Gas Co. v. Federated Gas Employees' Industrial Union [1925] HCA 5; (1925) 35 C.L.R 449, at p 455; Cooper
Brookes (Wollongong) Pty. Ltd. v. Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297, at pp 304-305. [cited
from at para4K. & S. LAKE CITY FREIGHTERS PTY. LTD. v. GORDON & GOTCH LTD. [1985] HCA 48; (1985) 157 CLR 309]
"It is well-settled principle that while interpreting a statute, the interpretative function of the court is to discover the true
legislative intent. A statute is best interpreted when we know why it was enacted. It must be read, first as a whole, and then
section by section, clause by clause, phrase by phrase and word by word and therefore, taking into consideration the contextual
connotation and the scheme of the Act, its provisions in their entirety,..[
• Consortium Self Financing v. State of TN - WP.20212 of 2007 [2007] INTNHC 2130 (2 July 2007)'The key to the opening of
every law is the reason and spirit of the law, it is the animus imponentis, the intention of the law maker expressed in the law itself,
taken as a whole."STATE OF PUNJAB V. BALBIR SINGH [1994] INSC 152; AIR 1994 SC 1872; 1994 (3) SCC 299; 1994 (2) JT
108; 1994 (1) SCALE 793 (1 March 1994)
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8. CONCLUSION:
•
A statute cannot always be construed with the dictionary in one hand and
statute in the other. Regard must be had to the scheme, context and to
the legislative history of the provision. Every provision and every word
must be looked at generally and in the context in which it is used and not in
isolation. Every part of the provision has to be given meaning and effect in
the context of the statute. Thus, the statute must be read as a whole in its
context.
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