Tag: Statutory Interpretation

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.

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

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.)

A. N. Roy Commissioner of Police and ANOTHER Vs Suresh Sham Singh-04/07/2006

Criminal Procedure Code, 1973—Section 20—Executive Magistrate—Appointment of Police Commissioner as Executive Magistrate/Additional District Magistrate to deal with problem of trafficking of minor girls and women in metropolitan city of Bombay—By impugned order High Court set aside the eviction of respondent holding that notification does not empower Commissioner of Police to assume jurisdiction of District Magistrate—status quo ante ordered to be maintained till appointment of Commissioner of Police as Additional District Magistrate

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.

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…

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.