Dictionary of Statutory Interpretation

Courts and legal authorities engage in statutory interpretation to determine the legislative intent behind a law and to resolve any ambiguity or uncertainty in its language. There are several established methods and principles that courts use for statutory interpretation, including:

Literal Interpretation: This approach involves giving the words of the statute their plain and ordinary meaning. If the language of the law is clear and unambiguous, the courts will apply it as written.
Golden Rule: When a strict literal interpretation would lead to an absurd or unreasonable result, the courts may use the golden rule to modify the meaning of certain words in the statute to avoid such consequences.
Mischief Rule (Purposive Interpretation): This method involves looking at the purpose or intention of the law and interpreting it in a way that addresses the problem or “mischief” that the legislature intended to remedy.
Ejusdem Generis: When a list of specific items is followed by general words in a statute, the courts may interpret the general words to be limited by the specific items.
Noscitur a Sociis: This principle suggests that the meaning of a word in a statute can be understood by considering the other words surrounding it.
Contextual Interpretation: Statutes should be read and interpreted in the context of the entire legislative scheme and other related laws.
Legislative History: In some cases, the courts may examine the legislative history of a statute, including debates, committee reports, and other related documents, to understand the intention of the lawmakers.
Presumptions: There are certain presumptions that courts may apply, such as the presumptionPresumption An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. against retroactivity or the presumption against ousting the jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of the court.

The choice of the interpretative method may depend on the jurisdiction, the specific context of the case, and the legal principles followed in that particular legal system. The goal of statutory interpretation is to give effect to the legislative intent while maintaining consistency and predictability in the application of the law.

A. N. Roy Commissioner of Police and ANOTHER Vs Suresh Sham Singh-04/07/2006 - STATUTORY INTERPRETATION-It is now well settled principle of law that the Court cannot enlarge the scope of legislation or intention when the language of the statute is plain and unambiguous. Narrow and pedantic construction may not always be given effect to. Courts should avoid a construction, which would reduce the legislation to futility. It is also well settled that every statute is to be interpreted without any violence to its language. It is also trite that when an expression is capable of more than one meaning, the court would attempt to resolve the ambiguity in a manner consistent with the purpose of the provision, having regard to the great consequences of the alternative constructions.
Absolute enactment Vs directory enactment. - When a statute is passed for the purpose of enabling something to be done, and...
Any - It is quite clear and indeed not disputed that in some contexts, "any one" means "one only it matters not which one" the phrase "any of the directors" is therefore quite capable of meaning "only one of the directors, it does not matter which one". Is the phrase however capable of no other meaning? If it is not, the courts cannot look further, and must interpret these words in that meaning only, irrespective of what the intention of the legislature might be believed to have been. If however the phrase is capable of another meaning, as suggested, viz., "every one of the directors" it will be necessary to decide which of the two meanings was intended by the legislature.
Application of a statute vs Principle of law - A provision in a statute which is procedural in nature although employs the word shall...
Ben Nevis (Holdings) Ltd & Anor v HM Revenue & Customs - The rule is that a statute should not be given a construction that would impair existing rights as regards person or property unless the language in which it is couched requires such a construction … The presumption that vested rights are not affected unless the intention of the legislature is clear applies whether the legislation is retrospective or prospective in operation.
Consequence of Trial Court not following well settled law amounts to contempt of Court – SC - In Baradakanta Mishra Ex-Commissioner of Endowments v. Bhimsen Dixit, (1973) 1 SCC 446, the appellant therein, a member of Judicial Service of State of Orissa refused to follow the decision of the High Court. The High Court issued a notice of contempt to the appellant and thereafter held him guilty of contempt
Court cannot rewrite, recast or re-frame legislation for the very good reason that it has no power to legislate - Mandvi Co-op. Bank Ltd V. Nimesh B. Thakore, (2010) 3 SCC - In the field of statute law the Judge must be obedient to the will of Parliament as expressed in its enactments. In this field Parliament makes, and unmakes, the law: the Judge's duty is to interpret and to apply the law, not to change it to meet the Judge's idea of what justice requires. Interpretation does, of course, imply in the interpreter a power of choice where differing constructions are possible. But our law requires the Judge to choose the construction which in his judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) best meets the legislative purpose of the enactment. If the result be unjust but inevitable, the Judge may say so and invite Parliament to reconsider its provision. But he must not deny the statute
Deeming provision means - When a statute enacts that something shall be deemed to have been done, which in fact and truth was not done, the Court is entitled and bound to ascertain for what purposes and between what persons the statutory fiction is to be resorted to...
Difference between obiter dicta and ratio decidendi - State of Haryana Vs Ranbir alias Rana-An obiter dictum as distinguished from ratio decidendi is an observation of the court on a legal question suggested in a case before it but not arising in such manner as to require a decision. Such an obiter may not have binding precedent but it cannot be denied that it is of considerable weight
Effect of amendment - Effect of amendment Unless otherwise specifically provided, any amendment, modification, or revocation of any provision...
Ejus dem generis means - The expression ejus dem generis -’of the same kind or nature’ – signifies a principle...
Elementary principle of interpretation - Thus when there is an ambiguity in terms of a provision, one must look at well-settled principles of construction but it is not open to first create an ambiguity which does not exist and then try to resolve the same by taking recourse to some general principle.
Function of a proviso - The proper function of a proviso is to except and to deal with a case which would otherwise fall within the general language of the main enactment and its effect is confined to that case.
Govind Vs State of Madhya Pradesh and another-18/03/1975 - M.P. Police Regulations—Regulation—855-The right to privacy in any event will necessarily have to go through a process of case-by-case development. Therefore, even assuming that the right to personal liberty, the right to move freely throughout the territory of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more and the freedom of speech create an independent right of privacy as an emanation from which one can characterize as a fundamental right, we do not think that the right is absolute.
Hassam vs Rabot: Assessment for damages for pain, suffering and loss of amenity - In the case of Hassam and another v Rabot and another, the Supreme Court dismissed appeals and cross-appeals regarding the assessment of damages for pain, suffering, and loss of amenity caused by both whiplash and non-whiplash injuries. The Court affirmed the approach of adding the tariff amount for whiplash injuries with common lawCommon law The legal system that originated in England and is now in use in the United States. It is based on court decisions rather than statutes passed by the legislature. damages for non-whiplash injuries and making adjustments to avoid over- or under-compensation. This interpretation aligns with the purpose of the 2018 Act and minimizes complexity and costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. in claims.
Heading in statute- purpose - The headings of a portion of a statute may be referred to in order to determine the sense of any doubtful expressions in sections ranged under it. (Hammersmith and City Railway Co. v. Brand, L.R. 4 H.L. 171, 203; but see—per Lord Cairns, id. p. 217. Eastern Counties Rail. Co. v. Marriage, 9 H.L. Ca. 32. Union Steamship Co. of N.Z. v. Melbourne Harbour Trust, 9 App. Ca. 365.)
If a directs to do an act in certain manner, it necessarily prohibits doing of the act in any other manner. - If a statute has conferred a power to do an act and has laid down...
Interpretation of Criminal Statutes - Stare decisis is a maxim among … lawyers, that whatever has been done before may legally...
It shall be lawful – means - In Julius v. Bishop of Oxford (1880) 5 A.C. 214 it was observed by Cairns, L.C., at pp. 222-223 that the words "it shall be lawful" conferred a faculty or power, and they did not of themselves do more than confer a faculty or power.
Judgment that constitutes a precedent - It is also a well-settled position of law that a judgment cannot be read as a statute and interpreted and applied to fact situations.
K.H. Nazar Vs. Mathew K. Jacob & Ors -30/09/2019 - Statutory Interpretation- Beneficial Legislation-Semantic luxuries are misplaced in the interpretation of ‘bread and butter’ statutes. Welfare statutes must, of necessity, receive a broad interpretation. Where legislation is designed to give relief against certain kinds of mischief, the Court is not to make inroads by making etymological excursions
Language used by the Legislature is true depository of legislative intent-SC - Rule of interpretation that the language used by the Legislature is the true depository of the legislative intent, and that words and phrases occurring in a statute are to be taken not in an isolated or detached manner dissociated from the context, but are to be read together and construed in the light of the purpose and object of the Act itself.
Literal meaning of a statutory provision producing unjust result: SC supplied solution - Where the plain literal interpretation of a statutory provision produces a manifestly unjust result which...
Municipal Corporation of Greater Mumbai (MCGM) Vs. Abhilash Lal & Ors-15/11/2019 - STATUTORY INTERPRETATION-if a statute requires a thing to be done in a particular manner, it should be done in that manner or not at all, articulated in Nazir Ahmad v. Emperor, AIR 1936 PC 253, has found widespread acceptance.
Notwithstanding anything contained in the Act – Meaning of - It is equivalent to saying that in spite of the provision of the Act or any other Act mentioned in the non obstante clause or any contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. or document mentioned the enactment following it will have its full operation or that the provisions embraced in the non obstante clause would not be an impediment for an operation of the enactment.
Objects held sacred – Meaning of - Objects held sacred - Meaning of - Romesh Chunder Sannyal v. Hiru Mondal (1890) ILR 17 Cal. 852
Or – The meaning of - In order to steer clear of the above interpretation of Section 11 (2) learned counsel...
Oral Argument in BP P.L.C., ET AL vs MAYOR AND CITY COUNCIL OF BALTIMORE-19/01/2021 - Question of statutory interpretation involving the provision authorizing appellate review of certain remand orders
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS THE DY. COMMISSIONER OF INCOME TAX(ASSESSMENT) & ANR-19/03/2020 - INCOME TAX-while interpreting a Tax Legislature the consequences and hardship are not looked into but the purpose and object by which taxing statutes have been enacted cannot be lost sight.
Ratio of a judgment has to be read in context of facts of case and even a single fact can make a difference-SC 2002 - Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed.
Repeal by implication - The doctrine of implied repeal is based on the theory that the Legislature, which is presumed to know the existing law, did not intend to create any confusion by retaining conflicting provisions and, therefore, when the Court applies the doctrine, it does not more than give effect to the intention of the Legislature by examining the scope and the object of the two enactments and by a comparison of their provisions.
STATE OF ODISHA & ORS. VS MANJU NAIK- 04/12/2019 - Statutory Interpretation:a particular provision of the statute should be construed with reference to other provisions of the same statute so as to construe the enactment as a whole. It would also be necessary to avoid an interpretation which will involve conflict with two provisions of the same statute and effort should be made for harmonious construction. In other words, the provision of a Rule cannot be used to defeat another Rule unless it is impossible to effect reconciliation between them.
State of West Bengal and Ors Vs Madan Mohan Ghosh and Ors-30/04/2002 - Interpretation of Statutes—Non obstante clause—Has overriding effect only on rules which were in existence at timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) when said rule came into force—Cannot be construed so as to mean that all future rules and notifications will be subject to such a non obstante clause.
Statute means - statute is an edict of the Legislature, the conventional way of interpreting or construing a statute is to seek the intention of legislature
Statutory Construction-Justice Logan - In relation to statutory construction, our position might be contrasted with that of the State and Territory Supreme Courts. The difference is only one of degree for, in modern times, State Parliaments have displayed a like penchant to their Federal counterpart. But the position remains, albeit much eroded by the loss of subjects of jurisdiction to Commonwealth courts and tribunals and by statutory intrusions, that these are courts of general jurisdiction.
Sunil Batra Versus Delhi Administration- 20/12/1979 - Right of prisoners to know their rights and responsibilities—Direction given for display of rights and responsibilities inside the prison
Sympathy: while construing a statute - While construing a statute, 'sympathy' has no role to play. Supreme Court cannot interpret the provisions of the said Act ignoring the binding decisions of the Constitution Bench of this Court only by way of sympathy to the concerned workmen.
The Vanguard Fire and General Insurance Co. Ltd Madras Vs M/s. Fraser and Ross and another- 04/05/1960 - all DEFINITIONS in statutes generally begin with the qualifying words similar to the words used in the present case, namely, unless there is anything repugnant in the subject or context.
Union of India & Anr. Vs. M/s. Intercontinental Consultants and Technocrats Pvt. Ltd.[ALL SC 2018 MARCH] - KEYWORDS:- INTERPRETATION OF STATUTE DATE:-MARCH 07, 2018 Rule is that unless a contrary intention appears,...
What is ‘Direction’ issued by Court and its relation with Obiter Dicta - Arun Kumar Aggarwal Versus State of Madhya Pradesh and Others -Scope of the expression ‘direction’ issued by...
What is the meaning of “quasi-judicial body” - Explaining the meaning of quasi-judicial body Civil Appeal arising out of SLP (C) No. 23127 of...
What to do if a statute is producing more than one construction? - Language of the Statute producing more than one meaning It is now a well-settled...
When language of the provision is plain and unambiguous, the question of supplying ‘casus omissus’ does not arise - Apex Court in the case of Union of India and Anr. v. Shardindu held that when language of the provision is plain and unambiguous, the question of supplying 'casus omissus' does not arise and the Court can interpret a law but cannot legislate. Therefore, recent trend for supplying gape in legislation is concerned, the Court will be loath in exercise of power under Article 226 of the Constitution of India