1. INTERPRETATION OF LAW by : DR. T.K. JAIN AFTERSCHO ☺ OL centre for social entrepreneurship sivakamu veterinary hospital road bikaner 334001 rajasthan, india FOR – PGPSE / CSE PARTICIPANTS mobile : 91+9414430763
2. My words.... Ours is a great country with immense entrepreneurial potential. However, our legal system and taxation system is so cumbersome that our creativity and talent is wasted / unnecessarily diverted in these sectors. I wish that these are simplified so that an ordinary entrepreneur can understand these without help from any expert.Here I present a few questions on INTERPRETATION OF LAW . Read and practice them to build up mental capabilities.. I wish that more people should become entrepreneurs. Let us wish that some likeminded person is able to reach policy making level and is able to change these. An ordinary Indian entrepreneur wishes to remain an honest entrepreneur and contribute to the development of nation, but our systems and processes .. ...
3. The Primary Rule : Literal Construction TAKE LITERAL MEANING OF THE LAW
4. The Mischief Rule or Heydon’s Rule FIND OUT THE MISCHIEF (BAD PRACTICE FOR WHICH LAW HAS BEEN ENACTED TO PREVENT IT) THAT EXISTED BEFORE THE LAW AND ENSURE THE MISCHIEF IS PREVENTED BY THE INTERPRETATION OF LAW
5. Rule of Reasonable Construction i.e. Ut Res Magis Valeat Quam Pareat Try to get the meaning which seems reasonable as per the general understanding give effect to the intention of the legislature (try to understand the intentions of the law makers and try to interpret the law in their spirit).
6. Rule of Harmonious Construction When there are two different but conflicting meaning of two different laws, then try to make a harmonious meaning (so that both the law can be implemented)
7. Rule of Ejusdem Generis Law of a class / group should be interpreted in similar manner when general words follow specific words, then try to take their meaning in the context of the specific words. Suppose, the law is talking about Medical Pracitioner, and later on there is reference of practitioner only, so practitioner would mean medical practitioner only.
8. Expressio Unis Est Exclusio Alterius Express mention of one thing means exclusion of others. Suppose, a law permits Forex transactions with Nepal, it means for other countries, there is no permission.
9. Contemporanea Expositio Est Optima Et Fortissima in Lege The meaning of law must be interpreted in the context when law was formulated. old statutes should be interpreted as they would have been at the date when they were passed. We will also consider prior usage and interest or duty in enforcing the Act at the time when law was enacted.
10. Noscitur a Sociis “It is known by its associates”. In otherwords, meaning of a word should be known from its accompanying or associating words The same words bear the same meaning in the same statute. (unless expressed in different context or excluded)
11. Strict and Liberal Construction Strict = take only that meaning which comes out of the wordings of law liberal = try to take as wide meaning as possible to remove the mischief
12. Assumptions that the words in a statute are used precisely and not loosely legislature does not make mistake guilty mind is required for a criminal act the state is not affected by a statute legislature knows the state of the law. legislature knows the practice of the executive and the judiciary. the law compels no man to do that which is futile doctrine of natural justice the delegation of powers takes with it the duties.
13. “actus non facit reum nisi mens sit rea" The act itself does not constitute guilt unless done with a guilty intent
14. Internal aids (help / hints) in interpretation Title Preamble The statement of objects Heading and Title of a Chapter Marginal Notes Interpretation Clauses Proviso (exclusions) Schedules Illustrations or Explanation
15. External aids (help / hints) in interpretation Parliamentary History Dictionaries Use of Foreign Decisions reports / committee reports / recommendations Parliamentary debate / discussion / speech Social, Political and Economic Developments and Scientific Invention Reference to other Statutes
16. Download related material ... http://www.slideshare.net/tkjainbkn/questions-of-reasoning-and-puzzles-for-competitive-examinations-3522652 http://www.scribd.com/doc/6583421/Reasoning-and-Mental-Ability http://www.scribd.com/doc/6583273/Reasoning-Quiz http://www.slideshare.net/tkjainbkn/reasoning-e-book http://www.scribd.com/doc/23407637/10-July-reasoning-II http://www.slideshare.net/tkjainbkn/vedic-mathematics-for-all-3476879
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