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.
Power point on the information delivered in class about the Mischief rule, as well as recap questions for golden rule and a little intro to Purposive Approach.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
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.
Power point on the information delivered in class about the Mischief rule, as well as recap questions for golden rule and a little intro to Purposive Approach.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
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)
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. Strict Construction of Penal Statutes:
• A statute enacting an offence or imposing a
penalty is strictly construed.
• This rule serves in the selection of one when
two or more constructions are reasonably
open.
• The rule exhibits a preference for the liberty of
the subject and in a case of ambiguity enables
the court to resolve the doubt in favour of the
subject and against the Legislature which has
failed to express itself clearly.
2. • The settled rule of construction of penal
sections is “if there is a reasonable
interpretation which will avoid the penalty in
any particular case we must adopt that
construction. If there are two reasonable
constructions we must give the more lenient
one.”- Lord Esher
3. Law: The Exchange Control Act, 1947, prohibited
any person resident in UK, other than an
authorised dealer, to ‘borrow’ foreign currency
outside UK from any person other than an
authorised dealer, and breach of the restriction
was made punishable as an offence.
Facts: At the request of A, a resident in UK, B
made payments of foreign currency in NY &
Paris to person not accountable to A.
4. Held
• The arrangement was not a transaction of
borrowing by A from B .
• The word borrow is not equivalent to raising
of money or grant of any financial
accommodation but would only apply to those
cases where the legal relationship of lender
and borrower was established.
Case: Re, HPC Productions Ltd. ((1962) 1 All ER
37)
5. Law: Under the Restriction of Offensive
Weapons Act 1959, section 1(1), it was illegal to
manufacture, sell, hire, or offer for sale or hire,
or lend to any other person, amongst other
things, any knife "which has a blade which
opens automatically by hand pressure applied to
a button, spring or other device in or attached
to the handle of the knife".
Facts: A shopkeeper was charged under the
section for displaying a knife with a price ticket.
6. Held: The lack of the words exposing for sale in
the Restriction of Offensive Weapons Act 1959
suggested that only a true offer would be
prohibited by the Act.
Case: Fisher V Bell (1960) 3 ALL ER 731
7. Law: Rule 40 of the Central Excise Rules makes it
an offence for a wholesale purchaser of un-
manufactured tobacco to receive or to have in
his custody or possession non-duty paid
tobacco, and
provides that every such whole-sale purchaser
who receives or has in his custody or possession
any such goods, in contravention of this rule,
shall, in respect of every such offence, be liable
to pay the leviable on such goods, and to a
penalty which may extend to Rs.2000/- and the
goods shall also be liable to confiscation.
8. Facts: A wholesale purchaser of tobacco had
received non-duty paid tobacco and had mixed
the same with duty paid tobacco and separation
of non-duty paid tobacco from the mixture was
not possible.
Question before the SC was whether whole or
any part of this mixture was liable to
confiscation under the rule.
9. • The court held the rule being a penal provision it
could not be extended to authorise confiscation
of duty paid tobacco, and therefore, the entire
tobacco mixture was not liable to confiscation.
• But it was also held that as no one should be
permitted to benefit by his own wrong and as the
rule should be construed to prevent its evasion, it
was open to authorities to confiscate such part of
the mixture which reasonably represented the
value of the entire non-duty paid tobacco.
Case: Hari Chand Sarda v. Mizo District Council
(AIR 1967 SC 829)
10. Law:S.5(b) of Dangerous Drug Act, 1965, which provides that if a
person is concerned in the management of any premises used
for the purpose of smoking cannibis or cannabis resin or of
dealing in cannabis resin (whether by sale or orther-wise), he
shall be guilty of an offence.
Facts: Appellant sub-let a house reserving for herself a room. She
used to visit the house occasionally to collect letters and rent,
and to see that everything was well.
On one occasion in her absence the police searched the house
and found receptacles containing cannabis and LSD hidden in the
garden and cigarette ends containing cannabis in the kitchen.
11. Held: This conviction was later quashed by
the House of Lords on the grounds that
knowledge of the use of the premises was
essential to the offence. Since she had no such
knowledge, she did not commit the offence.
Case: Sweet v Parsley [1969] 1 All ER 347
12. • It is significant in English criminal law as it sets out a new
set of guidelines for determining strict liability. Lord
Reid laid down the following guidelines for all cases
where the offence is criminal as opposed to quasi-
criminal:
1. Wherever a section is silent as to mens rea there is a
presumption that, in order to give effect to the will of
Parliament, words importing mens rea must be read into
the provision.
2. It is a universal principle that if a penal provision is
reasonably capable of two interpretations, that
interpretation which is most favourable to the accused
must be adopted.
3. The fact that other sections of the Act expressly
require mens rea is not in itself sufficient to justify a
decision that a section which is silent as to mens rea creates
an absolute offence. It is necessary to go outside the Act
and examine all relevant circumstances in order to establish
that this must have been the intention of Parliament.