Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for non-observance. Or. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. 1.2. Where section 27 of the Drugs and Cosmetics Act, 1940 came up for construction. 11 External Aids to Interpretation of Statutes: A critical Appraisal CONCLUSION The chief source of law is legislation, though there are other sources of law such as precedents and customs. Ever)' enactment is deemed remedial, and shall be given such fair large and liberal construction and interpretation as best ensures the attainment of its objects." Contents: Module 01: Introduction The Mischief Rule/Purposive construction. [26]Law Commission , A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes {Law Comm. The task of interpretation may vary in difficulty. Eventually, the laws are organized by subject, indexed, and published in the United States Code. Interpretation is the method by which the true sense or the meaning of the word is understood. 1. Preview text Download Save. Download Law Notes for CA Inter Jan/Feb 2021 Exams - Revision Capsule by ICAI, Law Book by Amit Popli Sir, Company Law & Other Law Notes by Darshan Khare Sir, etc. Provisions of Code exclusive, with certain exceptions 6 5. Supreme Court applied the Modern Rule of Analysis on Medical Treatment Act of 1988, which involved the mischief in interpretation act, thus the literal and golden rule. the usage of some words change with time. As defined in the Blacks Law Dictionary, a Statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. within statutes) or external aids to interpretation (i.e. Interpretation of Statutes Literal rule: The first and most elementary rule of construction is that it is to be assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, and otherwise in their Continue reading "Interpretation of Statutes Law School Notes" 2015 Asmatullah Kakar (Study Notes: Interpretation of Statutes). View Notes - Interpretation_of_Statutes_Notes_LLB_410.pdf from LEGAL 102 at University of Delhi. In the Canadian Interpretation Act, under the heading "Rules of Construction" it is stated: "12. The term interpretation has its roots in the Latin word interpretari which means to explain, or to translate. The object behind the adaptation of this process by the Courts is for determining the true and exact intention of the law-making body of the government i.e. Law Of Contract Unit 2. 1.2. Course: Interpretation of Statutes 11 Search Results 6. The concept of interpretation of a Statute cannot be static one. No. For dealing with such ambiguity, interpretation of statutes comes into picture. Preamble of the statute. Every statute has to be interpreted by the judge the way it is meant to be understood. Revision Test Papers 3. Section A: Introduction Chapter 1 . Interpretation of legislation requires The court held that the word currency notes or bank note cannot be prefixed. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. The proper construction of a statute is a question of law. Here are the best resources to pass IOS2601 Interpretation of Statutes (IOS2601) at University of South Africa (Unisa). 3. Statutory Interpretation. Interpretation of a statute meant the difference between life & death for the accused. The Mischief Rule/Purposive construction. Oliver Wendell Holmes, The Theory of Legal Interpretation, 12 Harv. 1 points. The United States Code consists of 50 separately numbered titles. The aids for interpretation may be divided into two categories, namely, Internal and External. 6(3)(79)/2002-LC(LS), 2002}para 8. Law Unit 2. Every source of law finds its expression in a language. Interpretation of Words In Penal Statutes, words should be construed in their simple and natural sense. 1 Canadian law provides for a purposive interpretation of statutes. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. This process is commonly adopted by the courts for determining the exact intention of the legislature. Today, though capital punishment, not a big issues, still concerned not just with deprivation of liberty, but also with the stigma associated with a criminal offense. Secondary Rules of Statutory Interpretation. Name the doctrine which has for its aim a word is known by the company it keeps.. Often the language has a puzzling effect, i.e., it masks and distorts. 3. Find IOS2601 Interpretation of Statutes (IOS2601) study guides, notes, assignments, and much more. outside the statutes) A. 14) A Statute has been defined as the: a. Legislation is generally interpreted based on the grammatical or ordinary meaning of the words of the statute, unless the literal interpretation leads to absurdity. It is extremely important and infact necessary also that the Courts interpret the law in such a manner that 2 Whitney v. 1. This is a compilation of notes and lectures on the subject titled INTERPRETATION OF STATUTES. As stated by SALMOND, by interpretation or construction is meant, the process by which the courts seek to of the words order to give effect to the supposed intention of the legislature. Principles of statutory interpretation : including the General Clauses Act, 1897 with notes. Preview text Download Save. GENERAL INTRODUCTION 1.1. 2) # P. J. Fitzgerald, Salmond on Jurisprudence. interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. Bring out the importance of the above doctrine in the interpretation of statutes The inclination of the legislatures is not to regulate that or restrict it within the constraints, that the Court can consider fair or necessary. Interpretation literally means to explain or to understand. A. Statutory Text a. Statutory Definitions LL.B (New Syllabus) by Prof A. U. Pathan. Amendment Citation Amendment date SOR/2021-127: 2021-06-10 Related Studylists IOS2601 Notes IOS 2601 DOCUMENTS. The approach of statutory interpretation summary. 2) Commencement, operation and repeal of statutes. This then makes the interpretation of statutes not as simple as one would think. The purpose of interpretation is always to find out what the statute stands for, what is the defect it intends to remove and what is the remedy it seeks to advance[1]. Harmonious construction. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. Category: Corporate and Other Laws. The main aim of interpreting a statute is to determine the intention behind the law. 2. 2. Aids to Interpretation of Statutes. Statutory (and constitutional) interpretation is about construing exacted law-texts with reference to and reliance on other law-texts, concretising the text to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation. The person was held liable to be charge-sheeted. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. Language to be read as it is, 2. Context Interpretation of Statutes is a craft rather than a science. 1.2 The New Constitutional Order CONCEPT KEYPOINTS Construction of statutes, statutory rules, and other instruments 5 4. The interpretation of legislation in general, and the interpretation of tax legislation in particular, is complex. Statutory Interpretation Lecture. He suggested that: a court invokes whichever of the rules produces a result that satisfies its sense of justice in the case before it. Spread the loveYou can grab notes for other law subjects from here. It is based on It is known by various names like-Doctrine of liberal interpretation: sententia legis, Mens, Social and historical interpretation. 1) it departs from its strictly literal rules. Interpretation Of Statutes - importance of the words and and or To ensure that justice is made available to all, the judicial system has been evolved in all nations. There are various types of internal aids which include, viz., title (short and long), marginal notes, headings, illustrations, preamble, punctuations, proviso, explanations, schedules, definition or interpretation clause, exceptions and saving clauses. We can say, interpretation of Statutes is required for two basic reasons viz. GENERAL INTRODUCTION 1.1. LLB Paper Code: 410 (8th Sem) Subject: Interpretation of Statutes Objective: The paper is to equip the Therefore the rule of Harmonious Construction and Beneficial Construction both play an important in the interpretation of statutes and are two important rules of interpretation. Object oriented approach or purposive construction, 5. NOTES Interpretation of Statutes IOS201-6 1. Proclamation establishing three different time zones in Nunavut, for the purposes of the definition of standard time in the Interpretation Act (SOR/2001-182) Date modified: 2021-07-12 Supreme Court applied the Modern Rule of Analysis on Medical Treatment Act of 1988, which involved the mischief in interpretation act, thus the literal and golden rule. 3. 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 preferred. 1 Review . Interpretation of Statutes Notes, Case Laws and Study Material. Some judges prefer CONCEPT KEYPOINTS Definition Also known as the Juridical understanding of legislation, deals with those rules and principles which are used to construct and justify the 4) Sections & Sub-sections 5) Punctuation marks 6) Illustrations, inceptions, provision & Universal Law Publishing, 2008 - Law - 432 pages. S. P. Law Classes Notes on Interpretation of Statutes (IOS) for BA. Unit 2nd Note 2nd Sem LL.B 3 Year Course. Preamble as a source of interpretation of statutes framed under the Constitution. Interpretation means the process of ascertaining the true meaning of the words used in a statute. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. 3. LLB Paper Code: 410 (8th Sem) Subject: Interpretation of Statutes Objective: The paper is to equip the Logical Interpretation of Statutes Logical Interpretation means such an interpretation which passes the of-arguments and which fulfills the intention of the legislature. 2) the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to the real intention of the Legislature. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. The task of interpretation may vary in difficulty. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. The statute is a decree of the legislature that must The last two rules emphases on the phraseology of the Act and look deeper beyond the ordinary. The last two rules emphases on the phraseology of the Act and look deeper beyond the ordinary. 3. This process is commonly adopted by the courts for determining the exact intention of the legislature. 01. Statutes can be classified by object, by method, by reference to duration - 1) Classification by object - a) Declaratory Statutes - Declaratory Statute may be defined as an Act to remove doubts existing as to the common law, or the meaning or effect of any Statute such Acts are held to be retrospective. F.A.R. NOTES Interpretation of Statutes IOS201-6 1. End Notes # Gray Nature and Sources of Law, 176 (EDN. This process is commonly adopted by the courts for determining the exact intention of the legislature. CA Inter Law Notes PDF Download. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. GENERAL INTRODUCTION 1.1. 33). State of Maharashtra Interpretation of Statutes. Statute to be read as a whole, 3. (c) Hazard assessment. There are numerous rules of statutory interpretation. The first rule and most important rule is the rule dealing with the statute's plain language. This rule essentially states that the statute means what it says. If, for example, the statute says "vehicles," then the court is going to assume it means vehicles and not "planes" or something else. Civil remedies and saving 7 7. There is an extensive body of legal literature on statutory interpretation Definition of Interpretation of Statutes. 417, 419 (1899) cited, among other places, at Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 29 (2012). interpretation of statutes as In the performance of this duty the judges do not act as computers into which the statutes and the rules and expect mathematically correct answers. The person was held liable to be charge-sheeted. View Notes - Interpretation of Statutes Notes LLB 410.pdf from LEGAL 102 at University of Delhi. Related Studylists IOS2601 Notes IOS 2601 DOCUMENTS. The basic purpose of interpretation is to help understand the various statutes and provisions of law. 1. Mock Test Papers 4. The term Interpretation has been derived from the Latin term interpretari which means to explain or understand. IOS2601-interpretation of statutes notes. Statutory Interpretation Lecture. Responsibility Justice GP Singh. In construing penal statutes and taxation statutes, the Court has to apply strict rule of interpretation. Why can statutes not be interpreted in a mechanical or rule-like fashion? In legal context, interpretation means the act of interpreting and deciphering the intent behind a statute. Statutes are the main source of law. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service Summary In the tripartite structure of the U.S. federal government, it is the job of courts to say what the law Statutory Interpretation is the action through which the courts apply and interpret the legislation as some sum of Interpretation is necessary when there is a statute in a case. Interpretation of statutes is the correct understanding of the law. In the Canadian Interpretation Act, under the heading "Rules of Construction" it is stated: "12. State of Kerala v/s Mathai Verghese (A.I.R. Legitimacy of Marginal Notes Under Interpretation of Statutes. Overview of Chapter . Principles of Statutory Interpretation. The fundamental principle of statutory interpretation is that "the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature". The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. INTERPRETATION OF STATUTES Anurag Deep* I INTRODUCTION RULES OF interpretation provide strong base for the super structure of judicial reasoning. 4. outside the statutes) A. 13) Internal aid in Interpretation of Statutes include: a. Preamble b. Spread the loveYou can grab notes for other law subjects from here. Contempt of court 7 Schedule The Criminal Code Notes Compilation table 279 Defined Terms Index Chapter Headings of the statute. Each of the sections below addresses the tools of statutory interpretation and identifies relevant canons of construction5 that you can use to justify and support your interpretations. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Interpretation of statutes is the correct understanding of the law. Hamiltons justification: a. judges exercise judgment, not will (will is to be exercised by the people) i. statutory interpretation example (judgment based on intent of the people, rather than ideology of the judge) ii. 4. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. The most common rule of interpretation is that every part of the statute must be understood in a harmonious manner by reading and construing every part of it together. [26]Law Commission , A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes {Law Comm. These class notes are aimed at providing students the understanding and knowledge of some of the most popular maxims of statutory interpretation and to explain their usage and application in advocacy and in the construction of statutes carried out by various High Courts and the Supreme Court of India and the foreign courts as well. 5. Law of Torts Unit 2. Constitution Law Unit 2. Interpretation of statutes becomes an ongoing exercise as newer facts and conditions continue to arise. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. F.A.R. Mandatory Statutes: These statutes are also known as imperative statutes. Hello Friends, Welcome Back to Finology Legal!In todays Video Let us understand the Rules of Interpretation! Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculation, and other background data relevant to interpretation of the results obtained By Admin LB | August 13, 2018. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation but where it is not that clear Internal aid of interpretation can be very resourceful. Institute Study Material for May 2021 & Onward Attempt 1. You can grab notes for other topics from here. 2. Interpretation of Statutes Exam Notes By Nigel T. Sithole- 071 039 7526 . The process of statute making and the process of interpretation of statutes are two distinct activities. The object of the interpretation of statutes is to assist the Court in deciding the legislations intention. Recall the courts have two main roles . But if the words are vague and ambiguous then internal aid may be sought for interpretation. 3. How Judges Read the Statute Laws of Parliament Role of the Courts. 1. 3. Download Law Notes for CA Inter Jan/Feb 2021 Exams - Revision Capsule by ICAI, Law Book by Amit Popli Sir, Company Law & Other Law Notes by Darshan Khare Sir, etc. Statutory interpretation is the process by which the courts interpret and apply legislations to the facts of the Case, placed before it by the parties to the Case. Hamilton: if judges can interpret statutes, they can accurately interpret Ejusdem Generis. It is not a sound principle in interpretation of statutes, to lay emphasis on one word disjuncted from its preceding and succeeding words A Court invokes the rule which produces a result that satisfies its sense of justice in the case before it The literal rule is The Statutes at Large are bound laws in the order that they were passed. A note must be taken that the language employed in the statute must be considered the determinative factor of the ulterior intent of the Legislature while passing any law. The approach of statutory interpretation summary. Salmond defines interpretation as a process by which the Court seeks the meaning of Legislature through the medium of authoritative forms in which it expresses. 3. Interpretation of Statutes Importance of Subject: For understanding the provisions of a statute, knowledge to apply the correct interpretation, is an essential pre-requisite.. Corporate and Other Laws. Punctuations. The two predominant theories of statutory interpretation today are purposivism and textualism. Public laws are first published as slip laws and are subsequently bound into the Statutes at Large. 93 As discussed, both theories share the same general goal of faithfully interpreting statutes enacted by Congress. Will of the Legislature b. Therefore, the Courts are required to assign meanings to all the words and phrases used in a statute in accordance with the intention of the legislature or in other words to interpret the statutes. These notes cover the topics of basic principles of interpretation which includes 1. Introduction. It is a ready-to-use gist for law students and the primary objective of this gist is to enable the reader to understand the in-depths of the subject and to provide exam oriented information. Question Papers 5. Interpretation of statues to render justice is the primary function of the judiciary. Each of the sections below addresses the tools of statutory interpretation and identifies relevant canons of construction5 that you can use to justify and support your interpretations. To resolve disputes, both criminal and civil; To declare the law by Creating new common law ex post facto and interpreting the meaning of statute law; Declaring the Statute Law Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. 2 Whitney v. Note 2. Operation of statutes; Expiry and repeal of statutes; 1897 with notes ISBN 9789351436379 (hardback) 9351436373 (hardback) Reasoned judgements very often need the logical support of certain well settled principles generally applied by judges to arrive at convincing decisions. 3) Purpose of Interpretation of Statutes Chapter II Aids to interpretation - Internal Aid 1) Title 2) Preamble 3) Headings & Marginal notes.
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