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, State Parliaments have displayed a like penchant to their Federal counterpart. But the position remains, albeit much eroded by the loss of subjects of jurisdiction to Commonwealth courts and tribunals and by statutory intrusions, that these are courts of general jurisdiction.
Tag: StatutoryInterpretation
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
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 does not affect any act done or omitted,…
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.
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 SUPREME COURT OF INDIA Arun Kumar Aggarwal Versus…
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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
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 Co. Ltd. vs. Municipal Board, Rampur, State Bank…
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 one construction, the true meaning thereof should be…
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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.)
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.
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.
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.
Advocatetanmoy Law Library 