Interpretation must depend on the text and the context. They are the basis of interpretation. One may well say if the text is the texture, context is what gives the colour. Neither can be ignored. Both are important. That interpretation is best which makes the textual interpretation match the contextual.
Where statutory provision is plain and unambiguous- Court shall not interpret the same in a different manner
The Court’s jurisdiction to interpret a statute can be invoked when the same is ambiguous. It is well known that in a given case the Court can iron out the fabric but it cannot change the texture of the fabric. It cannot enlarge the scope of legislation or intention when the language of the provision is plain and unambiguous. It cannot add or subtract words to a statute or read something into it which is not there. It cannot rewrite or recast legislation.
The resolving clause of all joint resolutions shall be in the following form: “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled.” 1 U.S. […]
The enacting clause of all Acts of Congress shall be in the following form: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress […]
An Act for the Interpretation of Acts of Parliament and for Shortening their Language Part 1—Preliminary 1 Short title This Act may be cited as the Acts Interpretation Act 1901. 1A Simplified […]
It is not only the common interest of mankind that crimes should not be committed, but that crimes of every kind should be less frequent, in proportion to the evil they produce to society. Therefore, the means made use of by the legislature to prevent crimes, should be more powerful, in proportion as they are destructive of the public safety and happiness, and as the inducements to commit them are stronger. Therefore there ought to be a fixed proportion between crimes and punishments.
When a statute is passed for the purpose of enabling something to be done, and prescribes the way in which it is to be done, it may be either an absolute enactment or a directory enactment. The difference being that an absolute enactment must be obeyed or fulfilled exactly, but it is sufficient if a directory enactment be obeyed or fulfilled substantially.
The words “subject to other provisions of the Constitution” mean that if there is an irreconcilable conflict between the pre-existing law and a provision or provisions of the Constitution, the latter shall […]
ESSAR STEEL INDIA LTD. vs STATE OF GUJARAT [SC]
Where words of a statute are absolutely clear and unambiguous, no interpretation other than literal rule shall apply
It is a settled principle of interpretation that the Court should neither add nor delete words from a statute. Where the words of a statute are absolutely clear and unambiguous, recourse cannot […]
Griffith, C. J., in an Australian case, namely, Huddart Parker and Co. v. Moorehead which to some extent neutralised the effect of the negative tests enumerated in the judgment. The observations of […]
Where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other manner
It is well settled that where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other […]
In Gujarat Urja Vikash Nigam Ltd. Versus Essar Power Ltd [AIR 2008 SC 1921 : (2008) 4 SCR 822 : (2008) 4 SCC 755 : JT 2008 (3) SC 336 : (2008) 3 SCALE 469] […]
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.
In construing a document whether in English or in vernacular the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out the intended meaning of the words which have actually been employed