HIMANSHU AGARWAL CS,LLB,LLM,PHD Scholar Himanshu_2108@yahoo.in 09461210887 2. 1 CORE LEGAL SKILLS The literary method of Statutory Interpretation The method of interpreting statutes by the judges is known as Statutory interpretation. Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. All interpretation relies on conveying information from a source language into a target language, but there are multiple ways this is achieved and the best method for interpretation will depend upon the needs of the speakers and listeners. The Parliament is given authority of Lawmaking. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. In addition, the courts may also apply rules of language, intrinsic and extrinsic aids and presumptions to aid statutory interpretation. Statutory interpretation is the process by which the courts interpret and apply legislations to the facts of the Case, placed before it by the parties to the Case. In today’s Video Let us understand the Rules of Interpretation! The logic behind this principle is that imposition of taxes is also a kind of imposition of penalty which can only be imposed if the language of the statute clearly says so; [24] in many instances, liberal or beneficial interpretation has an important role to play in taxing statute’s interpretation. study materials for BSL,LLB, LLM, and Various Diploma courses. Share. INTERPRETATION OF STATUTES CA. 1) Consider the following statements : A) Every promise is an agreement. As stated above, a statute may define a word even artificially, setting up of its ambit, whether to make restrictive of a definition or to make it extensive. Please sign in or register to post comments. 1. Various sources used are only limited to explore the written text and clarify what exactl… Every aspiring tax practitioner is required to study the principles that govern the interpretation of statutes in general and fiscal statutes in particular. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. A Statue means any Law, Act, Enactment. The words used in the statute are the main focus of the interpretation exercise and limit the freedom of the court. study materials for BSL,LLB, LLM, and Various Diploma courses. These include: 1. Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinar… As long as there has been law, there has been statutory interpretation. Sometimes, more than one method may be used. There are three categories of reasons for why statutes need to be interpreted: (1) drafting errors (2) changed circumstances and (3) incomplete rules. Hello Friends, Welcome Back to Finology Legal! Possession ... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Which one of the following element is not necessary for a contract ? The term has been derived from the Latin term ‘interpretari’, which means to explain, expound, understand, or to translate. The Interpretation Act 1978 provides some terms to be used. In Santi swarup Sarkar v pradeep kumar sarkar, the Supreme Court held that if two interpretations are possible of the same statute, the one which validates the statute must be preferred. Consequences of Non-Compliance With The Provisions Relating to Arrest (Cr.P.C). Why statutes require interpretation? Possession ... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Which one of the following element is not necessary for a contract ? It is very important that the interpretation is made according to some rules so that the decisions delivered by the judges are just and bring some coherence to the operational aspects of the law. The rules of interpretation of statutes are divided into two categories. As stated by SALMOND, “by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.” Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction. Share capital, What are different Kinds of share Capital? Some amount of interpretation of the statutes is often necessary by the Courts, as also by the Counsel of the parties. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep these in … 7) Penal Statute - A Penal statute is one which punishes certain acts or wrong. According to Maxwell-The object of all Interpretations of the statute is to determine what intention is conveyed either expressly or impliedly by the language and used. This then makes the interpretation of statutes not as simple as one would think. Section 154… This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, in Kirkbi v. ), FCA, ACS, ACWA, LL.B, DIPR, DLL & LP, MBA, IFRS(UK) 098200 61049/09323061049 email id: rajkumarradukia@caaa.in Website: www.caaa.in To download information on various subjects visit www.caaa.in To receive regular updates kindly send test email to Law Notes for Law students. Law Notes for Law students. It is extremely important and infact necessary also that the Courts interpret the law in such a manner that … Rule of Strict Interpreta… 1 Interpretation of Statutes, Vepa P. Sarathi, pg 239-240 2 N.K Jain V C.K shah AIR 1991 1sc 1289 application3 The rule was originally evolved to mitigate the rigours of monstrous sentences of trivial offences and although the necessity and that strictness have now vanished, the difference in approach made to penal statute as against any other statute still persists. Comments. Basic rules of interpretation are as follows. Interpretation, however, can also give the legal text a meaning that actualizes … Exam 23 May 2016, questions and answers Exam q 12 2019, questions and answers Exam 2018, questions Exam 12 June 2019, questions Exam 25 October 2019, questions and answers Exam 16 October 2018, questions. An example of a plain reading resulting in a harsh result is the Berriman case (1946)where a railway worker was killed while doing some ‘oiling’ on a railway line as a result of there being no ‘look out’ point. The term interpretation means “To give meaning to”. A restrictive definition means that the meaning so defined in the statute for a particular word has a very restrictive ambit, so much so that its meaning cannot go beyond what has been defined. The interpretation of laws is confined to courts of law. The judge would not grant Mrs Berriman compensation for her husband’s deat… Statute includes Ordinance, order, bye laws, rules, regulations and notifications. Interpretation is the process of explaining, expounding and translating any text or anything in written form. Any other interpretation ran counter to the whole legislative scheme and underlying policy of s32. Primary Rules 2. When a word is defined to ‘mean’ something, the definition prima facie is restrictive in nature and is exhaustive. the usage of some words change with time. Interpretation of statutes is quite an old practice. But where there is a possibility of two Past Question Papers of Interpretation of Statutes 2015 Write short notes on any two of the following : (a) Statute must be read as a whole (b) ut res magis valeat quam pereat (c) Effect of repeal of a statute in the light of Section- 6 of the General Clauses Act, 1897 2. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Interpretation of statues to render justice isthe primary function of the judiciary. Realizing the intent of the author is the goal of one kind of system of interpretation (subjective interpretation8). It is the process of giving true meaning to the statute. Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for non-observance. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. Object of Interpretation( Interpretation & its kinds) Maxwell has emphasized well over the objects of Interpretation. Meaning and Classification of Statutes | Interpretation of Statutes, Difference between warrant and summons | Criminal Law, Movable Property | Interpretation of Statute, Shares: Meaning and Kinds of Shares | Company Law, Power and Functions of SEBI (The Securities and Exchange Board of India), Distinction/Difference between Arrest and Custody, Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18. The terms contained in the norm should be understood in their ordinary meaning and in context.Special meaning can be 8) Taxting Statute - A taxing statute is one which imposes taxes on income or certain other kinds of transactions. Governmentalpower has been divided into three wings namely the legislature, theexecutive and the judiciary. Under the literal rule, the words in a statute are given their ordinary and natural meaning. The main objective of interpretation is to understand the legislative intent of the particular statute conveyed through the language used in the statute. Examples - Indian Penal Code1860, Arms Act 1959, Prevention of Food Adulteration Act 1954 etc. Statutes can be classified by object, by method, by reference to duration - 1) Classification by object - a) Declaratory Statutes - Declaratory Statute may be defined as an Act to remove doubts existing as to the common law, or the meaning or effect of any Statute such Acts are held to be retrospective. B) Every agreement is a contract. Interpretation of Statutes (IOS2601) Helpful? There are three main rules of language. There is nothing that can be included in the meanin… B) Every agreement is a contract. Salmond defines interpretation “Interpretation or construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed.” Kinds of Interpretation of Law. The most common rule of interpretation is that every part of thestatute must be understood in a harmonious manner by reading andconstruing every part of it together.The maxim “A V… Drafting errors: I include here not just typos or grammatical errors (exceedingly rare) but also errors arising from textual inference. Generations of students have learned the mantra that the golden rule of interpretation is to determine and give effect to “the intention of the legislature”, and that this is to be derived from the ordinary grammatical meaning of the language of the legislation unless this would lead to absurdity that could not have been intended. 5 Types of Interpretation. It is the duty of the Court tointerpret the Act and give meaning to each word of the Statute. Related documents. There are two kinds of interpretation, Literal Or Grammatical Interpretation Since the judiciary has been entrusted with the responsibility of interpreting the law to administer justice. INTERPRETATION OF STATUTES Justice A.K. This basically involves an act of discovering the true meaning of the language which has been used in the statute. Interpretation of statutes is a very important issue which is not made easy due to varying factors. Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18. Grammatical interpretation is arrived at by reference to the laws of speech to the words used in the statute; in other words, it regards only the verbal expression of the legislature. 1) Consider the following statements : A) Every promise is an agreement. Interpretation of statute 1. 0 0. Where they are possible of giving one and only one meaning there is no problem. With a strong back by professional interpreters from different industries, we offer all kinds of interpretation that you may want. Yet a moment’s reflection reveals the difficul… It is process of application of mind Also called Law, Act, Enactment. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. They will be read literally and do not need to be analysed further for different meanings, disregarding the plain words of the legislation. Before you outsource interpretation, you must be aware of the different kinds or types of interpretation that are majorly demanded in the business and other industries. What Properties are not liable to attachment and Sale in the execution of a Decree? Some may be plain and have a straightforward meaning and some may be ambiguous and vague. But the experience of all those who have to bear and share the task of application of the law has been different. Mandatory Statutes: These statutes are also known as imperative statutes. Secondary Rules Primary Rules – These are the main rules of interpretation of statutes. Interpretation is of two kinds – grammatical and logical. requires interpretation, for the absence of dispute is a product of interpre-tation. Meaning of Res Gestae:     The term 'Res' is a Latin word which means "thing" and the expression "Res Gesta... Types of Statute | Law of Interpretation of Statutes, Difference between Remedial Statute and Penal Statute, Important provisions of Right to Information(RTI) Act, 2005. Rajkumar S. Adukia B.Com (Hons. Srivastava, Judge, Delhi High Court at New Delhi Words spoken or written are the means of communication. Discovering the true meaning to the process by which a court looks at a statute, which is made. 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