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...
StatutoryInterpretation
The truth should be the guiding star in the entire judicial process. Truth alone has to be the foundation of justice. The entire judicial system has been created only to...
Consequence of Trial Court not following well settled law amounts to contempt of Court – SC
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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...
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.
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,...
it is not the duty of the court either to enlarge the scope of the legislation or the intention of the legislature when the language of the provision is plain...
The Constitution of the United States was not ordained and established by the States, but, as the preamble declares, by “the people of the United States.” It was competent for...
The preamble has been said to be a good means to find out the intention of a statute, and, as it were, a key to the understanding of it. It...
What authority has the Master of the Rolls for saying that the courts do look at the marginal notes?” Per Bramwell, L.J.: “What would happen if the marginal notes differed...
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...
“An Act.” An Act may, for the purpose of analysis and classification, be considered as consisting of the following parts:— (1) Title, (2) Preamble, (3) Words of enacting authority, (4)...
The enacting part of an Act is not to be controlled by the title or recitals unless the enacting part is ambiguous, and then the title and recitals may be...
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...
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...
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...
It is clear therefore that S. 56 (2) deals with cases where there is a doubt in the mind of the collector in regard to an instrument which comes up...
In construing penal statutes and taxation statutes, the Court has to apply strict rule of interpretation.
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That strict interpretation does not encompass strict literalism into its fold. It may be relevant to note that simply juxtaposing ‘strict interpretation’ with ‘literal rule’ would result in ignoring an...
If the words in the statute are plain and unambiguous, it becomes necessary to expound those words in their natural and ordinary sense.