INTERPRETATION OF STATUTES - MEANING,NEED,OBJECT,KINDS AND RULES

MEANING- UNDERSTANDING THE LAW
STATUTES- LAW MADE BY LEGISLATURE
NEED AND OBJECT- IN ORDER TO PROVIDE REMEDY
RULES - PRIMARY AND SECONDARY

1. INTERPRETATION OF STATUTES PRESENTED BY : KHUSHI GOYAL

2. LEARNING OBJECTIVES MEANING OF INTERPRETATION OF STATUTES KINDS OF STATUTES NEED AND OBJECT OF INTERPRETATION
RULES OF INTERPRETATION OF STATUTES

3. MEANING OF INTERPRETATION OF STATUTES IN MAXWELL BOOK OF INTERPRETATION OF STATUTES THE WORD “STATUTES” IS DEFINED AS THE “WILL OF LEGISLATURE” . LEGISLATURE MEANS LAW MAKING BODY. BASICALLY STATUTES MEANS A LAW ESTABLISHED BY THE LEGISLATIVE POWER. HOWEVER THE WORD STATUTE IS NOT USED IN THE CONSTITUTION OF INDIA , IT USES THE WORD LAW . SO WE CAN USE THE WORDS LAW AND STATUTE INTERCHANGEABLY . INTERPRETATION IS DONE BY ADVOCATES,JUDGES,CS,CA,QUASI COURTS .

4. KINDS OF STATUTES CODIFYING LAW : A LAW WHICH CODIFIES THE UNWRITTEN LAW. DECLARATORY LAW : A LAW WHICH PROVIDES THE EXPLANATION RELATING TO AN EXISTING LAW. EXAMPLE : GENERAL CLAUSES ACT , 1897. REMEDIAL LAW : A LAW WHICH PROVIDES REMEDY TO AN AGGRIEVED PARTY. AMENDING LAW : A LAW THAT AMENDS ANY EXISTING LAW. CONSOLIDATING LAW : A LAW THAT CONSOLIDATES ALL PREVIOUS LAW IN IT. EXAMPLE : COMPANIES ACT , 2013 ENABLING LAW : A LAW WHICH PERMITS TO PERFORM ANY ACT. DISABLING LAW : A LAW WHICH RESTRICTS TO PERFORM ANY ACT. PENAL LAW : A LAW THAT PROVIDES PUNISHMENTS FOR ANY MISCONDUCT.

5. NEED AND OBJECT OF INTERPRETATION IN CASE OF SEAFORD COURT ESTATES LTD Vs ASHER, STATED THAT ‘ENGLISH LANGUAGE IS NOT AS PERFECT AS MATHEMATICS’ HENCE IT BECOMES NECESSARY TO INTERPRET THE LAW CORRECTLY IN ORDER TO GET THE REMEDY. (APKO YH PTA HAI KI MATHS MEIN AGR AP 1+1 KROGEY TO FOR SURE ANSWER 2 HI AAEGA (1+1=2) BUT LAW MEIN ESA NI HOTA ..KBI KBI BOLI HUI BAAT KA MTLB SIDHA SIDHA SAMAJH NI AATA KAFI SOCHNA PDTA H KI KYA MEANING DERIVE KRE LAW MAKER KE DWARA KHI GYI BAAT KA TAKI REMEDY DILVA SKE AGGRIEVED PARTY KO ISLEY INTERPRETATION SHI WAY M KRNA IMPORTANT HAI.)

6. RULES FOR INTERPRETATION OF STATUTES RULE OF LITERAL CONSTRUCTION HAYDON’S RULE OR MISCHIEF RULE
RULE OF REASONABLE CONSTRUCTION RULE OF HARMONIOUS CONSTRUCTION RULE OF EJUSDEM GENERIS STRICT AND LIBERAL CONSTRUCTION EXPRESSIO UNIS EST EXCLUSIO ALTERIUS
CONTEMPORANEA EXPOSITIO EST OPTIMA ET FORTISSIMA IN LEGE
NOSCITUR A SOCIIS Primary Rules Secondary Rules (in next ppt)

7. RULE OF LITERAL CONSTRUCTION THIS RULE SAYS THAT WHILE INTERPRETING IF YOU DID NOT GET THE MEANING OF ANY WORD THEN YOU SEE IT’S ORDINARY,NATURAL,GRAMMATICAL,POPULAR AND DICTIONARY MEANING OF THAT WORD TO GET PROPER INTERPRETATION. THIS A PRIMARY RULE. WHEN THE ORDINARY,NATURAL, GRAMMATICAL, POPULAR AND DICTIONARY MEANING DESTROY THE PURPOSE OF LAW THEN STOP FOLLOW THAT MEANING.

8. HAYDON’S RULE OR MISCHIEF RULE WHENEVER INTERPRETATION OF ANY PROVISION IS TO BE MADE , FOUR THINGS TO BE CONSIDERED: WHAT WAS THE COMMON LAW BEFORE PASSING THE LAW BY PARLIAMENT. WHAT WAS THE MISCHIEF AND DEFECT FOR WHICH THE COMMON LAW DID NOT PROVIDE. THE REMEDY PROVIDED BY THE PARLIAMENT. THE TRUE REASON OF REMEDY PROVIDED BY YHE PARLIAMENT.

9. RULE FOR REASONABLE CONSTRUCTION (UT RES MAGIS VALEAT QUAM PAREAT) DICTIONARY MEANING + APNI COMMON SENSE LGAO NORMALLY WORDS ARE INTERPRETED IN ORDINARY,POPULAR, DICTIONARY OR GRAMMATICAL MEANING HOWEVER EXCLUSIVE RELIANCE ON THESE MEANINGS MAY NOT GIVE TRUE INTERPRETATION. SO AS PER THIS RULE WE MUST ALSO APPLY OUR COMMON SENSE FOR MAKING CORRECT INTERPRETATION.

10. RULE OF HARMONIOUS CONSTRUCTION AS PER THIS RULE , ONE PROVISION OF LAW SHOULD BE INTERPRETED IN HARMONY WITH OTHER PROVISIONS OF LAW . WHERE THERE IS HEAD OF CLASH BETWEEN THE PROVISION OF SAME LAW,THE COURT SHOULD GIVE INTERPRETATION WHICH SHOULD AVOID CLASHES & GIVE THE BEST POSSIBLE MEANING. IF THE INTERPRETATION MAKES ONE PROVISION DEAD THEN IT IS NOT THE HARMONIOUS CONSTRUCTION.

11. RULE OF EJUSDEM GENERIS EJUSDEM GENERIS MEANS OF THE SAME KIND OF SPECIES. WHEN LAW LISTS SPECIFIC THINGS AND THEN GENERAL THING , IN THIS CASE GENERAL WORD WILL ALWAYS FOLLOW THE SPECIFIC WORDS. THIS RULE WILL BE APPLICABLE WHEN SPECIFIC WORDS ARE OF SAME KIND OF SPECIES . EXAMPLE : RED , BLUE , GREEN ETC PURPLE , YELLOW & SO ON

12. THANK YOU