Tandon interpretation of statutes 5 bindra interpretation of statutes 6 cross. See end of document for details textual amendments f5 s. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. The contempt of courts act, 1971 70 of 1971 was passed by the parliament in december 1971 and it came into force w.
There is marked distinction in language of section 973 of the old amendment act and section 322i of the amendment act. Short title, extent and commencement 1 this act may be called the limitation act, 1963. Apr 01, 2017 when there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. Income tax act 1961 complete act citation 3688 bare. The legislature, after enacting statutes becomes functus officio so far as those statutes are concerned. Provided that in the case of a share held in a company 148 inserted by the finance act, 1994, w. When this court decides questions of law, its decisions are, under. Congressional influence on agency statutory interpretation.
Also, the justification that the person who committed an act that would otherwise constitute an offense reasonably believed that the act was necessary to. On the interpretation of statutes internet archive. Sections 6, 16, 21, and 26 of general clauses act and course as contained in the book namely. Jan, 2017 every statue has some objective if literal interpretation defeats the purpose then intention of statutes to be understood to understand real meaning of statute. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. For the purpose of clause 1b, the day an act or omission on which a claim is based occurred is a in the case of a continuous act or omission, the day on which the act or omission ceases. More often than not the statutes contain statement of objects and reasons and also a preamble both of which provide guidelines for interpreting the true meaning of the words and expressions used in the statute. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. Statute is to determine the intention of the lawmaker from the language used to. These rules each take different approaches to interpretation of a statute. This act may be referred to as chapter a98 of the continuing consolidation of the statutes of manitoba. Cst 1978 41 stc 409 sc, if there is one principle of interpretation more well settled than any other, it is that a statutory enactment must ordinarily be. Public values in statutory interpretation penn law.
The research topic deals with the concept of title, preamble and marginal notes as intrinsic aids in the construction of statute. Nothing is to be read in, nothing is to be implied. For this rules which help to get the right interpretation of law are discussed below. In a taxing act one has to look merely at what is clearly said. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. Solving the cercla statute of limitations and preemption. Arbitration and conciliation act, 1996 arbitration and conciliation act, 1996.
This article focuses on the rules to be kept in mind while using it. Gluck, the federal common law of statutory interpretation. Act of parliament ambiguity amendment appellant apply article ascertain assessment authority bengal bihar bombay clauses act clear commissioner compensation constitution construed contended context court observed decision declared decree deemed delegated legislation delegation doubt ejusdem generis enactment expression expressly forward. Constitution of india, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Solving the cercla statute of limitations and preemption puzzles. An act to promote the reform of the statute law by the repeal, in accordance with recommendations of the law commission and the scottish law commission, of certain enactments which except in so far as their effect is preserved are no longer of practical utility, and to make other provision in connection with the repeal of those enactments. Follow the companies act, 20 facebook to get all updates regarding the new act on facebook. The negotiable instruments act 1881 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the negotiable instruments act 1881 national security, others, procedural and administration, property related, public utilities, shipping. Bakshi interpretation of statutes 3 vepa sarathi interpretation of statutes 4 m. Thursday january 14, 2010 alkhamis muharram 29, 1431 bruhaspathivara pausa 24, 1931, at 07. The negotiable instruments act 1881 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the negotiable instruments act 1881 national security, others, procedural and administration, property related, public utilities. There are currently no known outstanding effects for the misrepresentation act 1967. We cannot fish out what possibly may have been the intention of legislature. There arises need for the judges to ascertain the correct meaning of the law laid by the legislature.
Union of india 2001 1 scc 284 in vepa sarathi, i nterpretation of statutes s s a a 20. Should the court or the agency decide whether the critical statutory term employees. Craies statute law and maxwell on the interpretation of statutes. Legal services authorities act, 1987 complete act bare act. The bare words of the act must be construed to get the meaning of the statute and one need not probe into the intention of the legislature. Discuss the rules of statutary interpretation with the. The act has to be read as a whole and its provisions have to be harmoniously giving effect to all of them. In santi swarup sarkar v pradeep kumar sarkar, the supreme court held that if two interpretations are possible of the same statute, the one which validates the statute must be. Ns bindras interpretation of statutes book description about the book.
Interpretation act, under the heading rules of construction it is stated. In financial management think logically and not just read the subject by standard stepbystep. It is not their function to interpret the statutes. The construction of an act must be taken from the bare words of the act. The term enactment has been defined in subsection 17 of section3 definition clause of the general clauses act london. Section8 state authority to act in coordination with other agencies etc. Interpretation act 33 of 1957 centre for environmental rights. Interpretation of statutes by muhammad anwar ghuman.
Thus since taxing statutes are always special laws and most often self contained enactments which even oust the jurisdiction of courts in many cases, they would most definitely prevail over the general clauses act, 1897, when they define the scope of terms or procedures. Never read any law subject without having bare act in hand. Interpretation act 33 of 1957 centre for environmental. The rule follows a very simple premise that every statute has a purpose and intent as per law and should be read as a whole. The paragraph of this case cited in this work is from pdf of the judgement. It helps to clears errors caused by lawmaker in drafting the law. Section 38a504b of the general statutes is repealed and the following is substituted in lieu thereof effective january 1, 2012. Interpretation of statutes importance of subject for understanding the provisions of a statute, knowledge to apply the correct interpretation, is an essential prerequisite. The negotiable instruments act 1881 indian bare acts india. The statutes correction and minor amendments act, 2008.
The companies act, 20 full text of the original act are available to download at your own website now. The two main theories of statutory interpretation purposivism and textualismdisagree about how. Theories of legislation and statutory interpretation. Students preparing for examinations should also refer to this book. Tandon interpretation of statutes 5 bindra interpretation of statutes 6 cross interpretation of statutes. General clauses act, 1897 constitution of india, 1950 books prescribed. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Anurag deep, interpretation of statutes xl viii asil 551601 2012. Every negotiable instrument shall be governed by the provisions of this act, and no usage or custom at variance with any such provision shall apply to any such instrument. However, sc held that the word butter in the said act is plain and clear and there is no need to interpret it differently. Hi frends i m uploading my notes of interpretation of statutes i have seen many students leave this topic this topic is very important for ca final 1 question is will come for sure many students think that it is a difficult topic but belive me this is most easiest topic in law take these n. The negotiable instruments act 1881 indian bare acts. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the term enactment.
Statute interpretation research by qaiser javed mian llb,llmu. Income tax act 1961 complete act citation 3688 bare act. While in the former, there was clear legislative intent to save applications admitted or pending before the amendment came into force. Aadhaar targeted delivery of financial and other subsidies, benefits and services act, 2016. A quality pdf writer and pdf converter to create pdf. Law of interpretation by maxwell and craze book recommended. Buy online income tax, gst, company law, insolvency.
This act may be called the negotiable instruments act, 1881. Acropdf a quality pdf writer and pdf converter to create pdf. For the removal of doubts, it is hereby declared that revenue derived from land shall not include and shall be deemed never to have included any income arising from the transfer of any land referred to in item a or item b of subclause. Legislations governing interpretation of statutes in india. Act of parliament ambiguity amendment appellant apply article ascertain assessment authority bengal bihar bombay clauses act clear commissioner compensation constitution construed contended context court observed decision declared decree deemed delegated legislation delegation. The researcher would like to give the meaning of the intrinsic aid. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Act used with reference to legislation means any statute enacted by the legislature of the island whether before or after the 1st april, 1968. The general principle with regard to the interpretation of statutes is that if the matter in question is a matter of procedure only, the provisions would be retrospective. Federal discovery rule for accrual of tort claims b. Statutory interpretation and the balance of power in the.
It extends to the whole of india but nothing herein contained affects the indian paper currency act, 1871, 3 of 1871. In this act unless the contzxt otherwise requires short title. Civil procedure code, 1908 with limitation act, 1963 coat pocket edition by ebc. It continually alerts the reader on the diversity of judicial choice whilst contextually explaining the. Act used with reference to legislation means any statute enacted by the legislature of the island whether before or after the 1st april, 1968, and. The protection of oneself or of ones property from unlawful injury or from the immediate risk of unlawful injury. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas nonstatutory aids is illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by caselaws relating to the interpretation of statutes. The aim of this paper is to discuss in detail the interpretation of statutes in the field of international commercial arbitration by the indian courts with respect to consequences that interpretation should be done so as to avoid any kind of absurdity. Subsection 572 of the arbitration act is amended by striking out section 60 and substituting section 59. Hc as observed by the supreme court in polestar electronic pvt. The book is good for the students of interpretation of statutes.
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