Maxims-of-Interpretation ppt by Amir Raza Khan

interpretation of statutes and legislative drafting by Amir Raza Khan

1. LECTURE – 3 (WEEK 3) BY AAMIR AZAD KHAN 06-10-23 LLB 10 ( 2:30 to 5:30) A detail handout / notes on legal maxims is also uploaded on LMS PORTAL Subject : Interpretation of Statute And Legislative Drafting Topic : Maxims of Interpretation

2. MAXIMS OF INTERPRETATION A. NOSCITUR A SOCIIS B. EJUSDEM GENERIS C. UT RES MAGIS VALEAT QUAM PEREAT D. CONTEMPORANEA EXPOSITO EST FORTISSIMA IN LEGE E. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS F. REDDENDO SINGULA SINGULIS

3. A. NOSCITUR A SOCIIS P-429 Legal Maxims; Meaning : Latin for 'it is known by its associates', noscitur a sociis is a rule of interpretation of contracts, statutes and estate documents stipulating that the meaning of an unclear word can be gathered from the context in which it is used . SC PAK JUDGMENT Criminal Petition No.1072/2021 (Against the order of Islamabad High Court, Islamabad dated 08.12.2020 passed in Crl.M No.677-B of 2021) Shakeel Shah ...….Petitioner(s) Versus The State, etc

4. B. EJUSDEM GENERIS P-(169) Legal Maxims by Abdul Basit A Latin phrase meaning "of the same kind". The rule requires that  where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specifically mentioned . SC JDG CA 837 OF 2011 IS UPLOADED ON LMS FOR REFERENCE

5. C. UT RES MAGIS VALEAT QUAM PEREAT   Meaning of ut res magis valeat quam pereat In simple terms, ut res magis valeat quam pereat means that when interpreting laws or legal provisions, courts should strive to give them a meaning that allows them to be effective and operational rather than interpreting them in a way that renders them useless or void. CIVIL PETITIONS NO.1920 TO 1924 OF 2022 Against the Judgment dated 09.03.2022 passed by the Islamabad High Court, Islamabad in I.T.R. Nos. 205, 208, 206, 209, 207/2015 ) M/s Islamabad Electric Supply Company Limited (IESCO) through its Finance Director, Islamabad VERSUS The Appellate Tribunal Inland Revenue (H.Q), Islamabad through its Chairman and others

6. D. CONTEMPORANEA EXPOSITO EST FORTISSIMA IN LEGE (P-104 ) OF Legal Maxims by Abdul Basit   Contemporanea expositio est optima et fortissinia in lege : meaning Contemporaneous (EXISTING IN SAME PERIOD OF TIME ) exposition (IDEA , THEORY) 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.

7. E. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS ( P-194) of Lega l Maxims by Abdul Basit 1994 PLC 476 A Latin term literally meaning "the expression of one thing is the exclusion of the other". This is a common law principle for construing legislation which holds that a syntactical presumption may be made that an express reference to one matter excludes other matters.

8. F. REDDENDO SINGULA SINGULIS (P-540) of Legal Maxims by Abdul Basit Reddendo singula singulis is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object.

9. > TODAY LECTURE IS GIVEN FROM NOTES ON MAXIMS ALREADY UPLOADED ON LMS PORTAL > 3 JUDGMENTS OF SC PAKISTAN ONMAXIMS ALSO UPLOADED ON LMS > BOOK NAME LEGAL MAXIMS BY ADBUL BASIT IS RECOMMENDED