The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. It is very important that the interpretation is made according to some rules so that the decisions delivered by the judges are just and bring some coherence to the operational aspects of the law. Share capital, What are different Kinds of share Capital? Some may be plain and have a straightforward meaning and some may be ambiguous and vague. Interpretation, however, can also give the legal text a meaning that actualizes … As stated by SALMOND, “by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.” This then makes the interpretation of statutes not as simple as one would think. According to Maxwell-The object of all Interpretations of the statute is to determine what intention is conveyed either expressly or impliedly by the language and used. The interpretation of laws is confined to courts of law. But where there is a possibility of two Before you outsource interpretation, you must be aware of the different kinds or types of interpretation that are majorly demanded in the business and other industries. Share. requires interpretation, for the absence of dispute is a product of interpre-tation. B) Every agreement is a contract. Yet a moment’s reflection reveals the difficul… HIMANSHU AGARWAL CS,LLB,LLM,PHD Scholar Himanshu_2108@yahoo.in 09461210887 2. 7) Penal Statute - A Penal statute is one which punishes certain acts or wrong. Interpretation of statutes is a very important issue which is not made easy due to varying factors. The main objective of interpretation is to understand the legislative intent of the particular statute conveyed through the language used in the statute. It is process of application of mind Also called Law, Act, Enactment. 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. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. The words used in the statute are the main focus of the interpretation exercise and limit the freedom of the court. It is the process of giving true meaning to the statute. An example of a plain reading resulting in a harsh result is the Berriman case (1946)where a railway worker was killed while doing some ‘oiling’ on a railway line as a result of there being no ‘look out’ point. Meaning and Classification of Statutes | Interpretation of Statutes, Difference between warrant and summons | Criminal Law, Movable Property | Interpretation of Statute, Shares: Meaning and Kinds of Shares | Company Law, Power and Functions of SEBI (The Securities and Exchange Board of India), Distinction/Difference between Arrest and Custody, Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep these in … INTERPRETATION OF STATUTES Justice A.K. Past Question Papers of Interpretation of Statutes 2015 Write short notes on any two of the following : (a) Statute must be read as a whole (b) ut res magis valeat quam pereat (c) Effect of repeal of a statute in the light of Section- 6 of the General Clauses Act, 1897 2. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. The rules of interpretation of statutes are divided into two categories. Drafting errors: I include here not just typos or grammatical errors (exceedingly rare) but also errors arising from textual inference. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Some amount of interpretation of the statutes is often necessary by the Courts, as also by the Counsel of the parties. Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18. 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. Why statutes require interpretation? 1) Consider the following statements : A) Every promise is an agreement. There is nothing that can be included in the meanin… It is the duty of the Court tointerpret the Act and give meaning to each word of the Statute. There are two kinds of interpretation, Literal Or Grammatical Interpretation Law Notes for Law students. Rajkumar S. Adukia B.Com (Hons. Possession ... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Which one of the following element is not necessary for a contract ? 1. A Statue means any Law, Act, Enactment. Grammatical interpretation is arrived at by reference to the laws of speech to the words used in the statute; in other words, it regards only the verbal expression of the legislature. Possession ... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Which one of the following element is not necessary for a contract ? The Parliament is given authority of Lawmaking. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. They will be read literally and do not need to be analysed further for different meanings, disregarding the plain words of the legislation. The judge would not grant Mrs Berriman compensation for her husband’s deat… Section 154… Secondary Rules Primary Rules – These are the main rules of interpretation of statutes. Rule of Strict Interpreta… Realizing the intent of the author is the goal of one kind of system of interpretation (subjective interpretation8). Primary Rules 2. Where they are possible of giving one and only one meaning there is no problem. When a word is defined to ‘mean’ something, the definition prima facie is restrictive in nature and is exhaustive. Object of Interpretation( Interpretation & its kinds) Maxwell has emphasized well over the objects of Interpretation. Any other interpretation ran counter to the whole legislative scheme and underlying policy of s32. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Various sources used are only limited to explore the written text and clarify what exactl… In today’s Video Let us understand the Rules of Interpretation! The terms contained in the norm should be understood in their ordinary meaning and in context.Special meaning can be There are three categories of reasons for why statutes need to be interpreted: (1) drafting errors (2) changed circumstances and (3) incomplete rules. Interpretation of statues to render justice isthe primary function of the judiciary. It is extremely important and infact necessary also that the Courts interpret the law in such a manner that … INTERPRETATION OF STATUTES CA. Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinar… The term has been derived from the Latin term ‘interpretari’, which means to explain, expound, understand, or to translate. 1) Consider the following statements : A) Every promise is an agreement. Under the literal rule, the words in a statute are given their ordinary and natural meaning. With a strong back by professional interpreters from different industries, we offer all kinds of interpretation that you may want. Interpretation of statute 1. Since the judiciary has been entrusted with the responsibility of interpreting the law to administer justice. Consequences of Non-Compliance With The Provisions Relating to Arrest (Cr.P.C). Please sign in or register to post comments. Sometimes, more than one method may be used. study materials for BSL,LLB, LLM, and Various Diploma courses. Every aspiring tax practitioner is required to study the principles that govern the interpretation of statutes in general and fiscal statutes in particular. Hello Friends, Welcome Back to Finology Legal! 1 Interpretation of Statutes, Vepa P. Sarathi, pg 239-240 2 N.K Jain V C.K shah AIR 1991 1sc 1289 application3 The rule was originally evolved to mitigate the rigours of monstrous sentences of trivial offences and although the necessity and that strictness have now vanished, the difference in approach made to penal statute as against any other statute still persists. Srivastava, Judge, Delhi High Court at New Delhi Words spoken or written are the means of communication. Meaning of Res Gestae:     The term 'Res' is a Latin word which means "thing" and the expression "Res Gesta... Types of Statute | Law of Interpretation of Statutes, Difference between Remedial Statute and Penal Statute, Important provisions of Right to Information(RTI) Act, 2005. Interpretation of statutes is quite an old practice. the usage of some words change with time. For example, in Kirkbi v. Mandatory Statutes: These statutes are also known as imperative statutes. 5 Types of Interpretation. 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