Tag: interpretation

Interpretation must depend on the text and the context

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.

Resolving clause

USA

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. […]

Enacting clause

USA

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 […]

Crimes are to be estimated by the injury done to society: VOLTAIRE

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.

Shashikant Singh v. Tarkeshwar Singh and Anr-24/04/2002

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.

Judicial power

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 […]