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Interpretation of Statutes | Jurisdiction | Statutory Interpretation

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Subject: Interpretation of statutes Semester: seventh semester Compilation date: 22 November, 2005 to 5th December, 2005. Author: J.Vasanth Adithya E-mail: vasanth.adithya@gmail.com Preface This is a compilation of notes and lectures on the subject titled “INTERPRETATION OF STATUTES”. 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. This has been a new
  INTERPRETATION OF STATUTES Subject: Interpretation of statutesSemester: seventh semesterCompilation date: 22 November, 2005 to 5 th December, 2005.Author: J.Vasanth AdithyaE-mail:vasanth.adithya@gmail.com © Goodword publications1  INTERPRETATION OF STATUTES Preface  This is a compilation of notes and lectures on the subject titled“INTERPRETATION OF STATUTES”. It is a ready-to-use gist for lawstudents and the primary objective of this gist is to enable the readerto understand the in-depths of the subject and to provide examoriented information. This has been a new initiative from GOODWORD and we hope that itwill definitely be of some use to law students and to others who areinterested in this subject.Suggestions and additions to the compilation are welcomed.Wishing you all the best! J.Vasanth AdithyaAuthor © Goodword publications2  INTERPRETATION OF STATUTES CONTENTS 1.General principles of interpretation.2.Internal Aid to Interpretation.3.Amending, Consolidating and Codifying Statutes.4.Interpretation of Fiscal Statutes.5.Interpretation of the Constitution.6.Legal Fiction.7.Statutes affecting the crown of the State.8.External Aid to Interpretation of Statutes.9.Beneficial Construction.10.Presumption affecting the jurisdiction of the Court.11.Operation of a statute.12.Mandatory and Directory Statues.13.Interpretation of Penal Statutes.14.The General Clauses Act, 1897- Effect of repeal. 15. Short notes. CHAPTER 1 © Goodword publications3  INTERPRETATION OF STATUTES GENERAL PRINCIPLES OF INTERPRETATION Introduction The term interpretation means “To give meaning to”. Governmentalpower has been divided into three wings namely the legislature, theexecutive and the judiciary. Interpretation of statues to render justiceis the primary function of the judiciary. It is the duty of the Court tointerpret the Act and give meaning to each word of the Statute. The most common rule of interpretation is that every part of thestatute must be understood in a harmonious manner by reading andconstruing every part of it together. The maxim “  A Verbis legis   non est recedendum ” means that you mustnot vary the words of the statute while interpreting it. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.In Santi swarup Sarkar v pradeep kumar sarkar, the Supreme Courtheld that if two interpretations are possible of the same statute, theone which validates the statute must be preferred.Kinds of Interpretation © Goodword publications4
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