Presumptions for statutory interpretation.pptx

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1. PRESUMPTIONS FOR STATUTORY INTERPRETATION

2. PRESUMPTION AND CONSIDERATION Presumption means “Assuming something to be true.” Supposition or assumption Courts must deem certain things to be true. Consideration means “A thought or concern” Conclusions

3. PRESUMPTION AS TO VALIDITY Every statute enacted by the Legislature is considered to be Valid. Test of Constitutionality Ultra vires laws shall be struck down . Commissioner of Sales Tax, M.P v. Radhakrishan Karnataka Bank Ltd. V. State of Andhra Pradesh Kedarnath v. State of Bihar

4. 2. LEGISLATION DOES NOT COMMIT MISTAKE There is a presumption that Legislature is a good writer in its own field and does not commit any kind of mistake. In other words, the words provided by the Legislature in the language of the statute is used mindfully, intentionally and suitably. Commission of spl. Purposes of Income tax v. pemsel Tinsukhia Electric supply co. ltd. V. state of Assam Commissioner of Income Tax, Gujrat v. Distributor pvt. Ltd.

5. 3.STATUTES ARE PRESUMED TO BE IN CONFORMITY WITH INTERNATIONAL LAW Consistent with comity of Nations and established International law. Knowledge of international treaties and conventions e.g Biological Diversity Act 2002 ADM, Jabalpur v. Shivakant Shukla Kesavananda Bharti v. State of Kerala Entertainment Network(India) ltd. V. Super Cassette

6. 4. PRESUMPTION THAT LEGISLATURE KNOWS LAW AND JUDICIAL DECISIONS Precedent The authority of precedent lost in following ways Abrogation By express repeal By enacting another statute on the same subject matter By its reversal or overruling 2. Affirmation or reversal on different grounds

7. 3. Ignorance of statute 4. Inconsistency with the earlier decision of superior court 5. Inconsistency between earlier decisions of the courts of same rank 6. Precedent sub silentio or not fully argued 7. Decisions of equally divided courts 8. Erroneous decisions

8. 5. Presumption as to Jurisdiction of courts . Jurisdiction means the power of a court to hear, try and determine a cause and to adjudicate upon it. Territorial jurisdiction, pecuniary jurisdiction and jurisdiction of the subject matter. When the jurisdiction of the court is challenged the burden to prove that the court does not have jurisdiction shall lie on the party questioning it.

9. 6. PRESUMPTION AS TO RE-ENACTMENT Pratiraksha Mazdoor Sangh, Jalgaon & others v. State of Maharashtra and others Statutes in Pari materia

10. 8. PRESUMPTION THAT VESTED RIGHTS ARE PRESERVED. Vested Rights : 1. Inherent Rights Rights which are available by borth of a person E.g . Right to sue Exception: Right of an unborn child 2. Statutory Rights Rights which are protected by law E.g. Right to appeal