Dictionary of Statutory Interpretation

  • 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 prescribed the way in which it is to be done, it may be either an absolute enactment […]
  • Application of a statute vs Principle of law - A provision in a statute which is procedural in nature although employs the word shall may not be held to be mandatory if thereby no prejudice is caused. (See Raza Buland Sugar […]
  • 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 in or appendix or chapter or of any order, regulation, ruling, instruction, or license issued by authority […]
  • Ejus dem generis means - The expression ejus dem generis -’of the same kind or nature’ – signifies a principle of construction whereby words in a statute which are otherwise wide but are associated in the text […]
  • 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 India 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.
  • 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 the method in which that power has to be exercised, it necessarily prohibits the doing of the […]
  • Interpretation of Criminal Statutes - Stare decisis is a maxim among … lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against […]
  • 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.
  • 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 could never have been intended by the Legislature, the Court might modify the language used by the […]
  • 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 contract 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 for the employees put forward the argument that the word ‘or’ occurring in the section should not […]
  • 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.
  • 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 time 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
  • 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, a legislation is presumed not to be intended to have a retrospective operation. The idea behind the […]
  • 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 the Court AIR 2011 SC 3056 : JT 2011 (10) SC 167 : (2011) 9 SCALE 608 […]
  • 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 2018 Page 21 of 27 in Indian National Congress (I) vs. Institute of Social Welfare & Ors.3 , it was […]
  • 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 principle of law that if the language used in a statute is capable of bearing more than […]
  • 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

Categories: INDEX

Tagged as: