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Interpretation of

Statues
Notes Compiled By
Law Students Federation(LSF)

[INTERPRETATION OF STATUES]
Osmania University Syllabus Notes Compiled By LSF For May 2016 3YDC IV
Semester Exams
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

1Q. Explain the term interpretation and statute and distinguish


between interpretation and contraction?
Ans. Interpretation means of find out the meaning or to discover the
meaning it is stated that when the job of legislative ends them the job of
Judiciary begins there is arguments is the court relating to provisions of law
called as interpretation there is interpretation of both sides advocates on
point of law and judge mat admit sound interpretation when both
interpretation are not sound them both interpretation are not sound then
judge may apply his own interpretation and deliver the judgment object of
interpretation is to enforce actual interaction of the legislation
EX: In probation of dowry act terms downy has been interpretation
anything given voluntary is gift and not a dowry anything claimed under
threat infusions or pressure is dowry
EX: The term cruelty has been interpretation has physical or mental
harassment for a reasonable period and one or two incidents are not
enough
Statute means any act enacted by parliaments or state assembly when
any matters goes is the court then interpretation goes in the court then
Judgment of statutes is necessary of the court is depends on interpretation
which is admissible in the court
Types of interpretation :-There are different types of interpretation as
follows
1. Customary interpretation :- In CI customs in that family or
religions is taken into contraction
Ex:- customs of marriage without septapadi, customs of marriage in
relationship
2. Logical interpretation:- in LI judge well not believe some facts .
Ex:- if there is rape charge against x and medical report say that he
is important than judge have to interpret it
Ex:-there is murder charge against x and x prove that on date of
crime he was in U.S.A. judge have to admit this interpretation
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

3. Liberal interpretation :-in L.I. court may show leniency it is


generally done in criminal low
Ex:-A girl of 17 year and 10 months absconded with a boy in liberal
interpretation it was rounded to 18 year and there was acquittal
(d) stick interpretation :-in S.I court may go according to provision of
low in all taxation low there is strict interpretation
(E) Grammatical interpretation:-This interpretation is done according
to sentence and languages is the section
Ex:- His handwriting is very well he jumped in the well .He jumped
in grammatical interpretation the term well have different meaning in both
sentences .
(F)Types of statutes:- There are different types of statutes which are as
follows.
(G) Labour statute:- This statutes are relating to labour management
relationship
Ex:-I.D act bonus act. minimum
(1) Wages act
(2) Taxation statute:-it is relating to all types of taxes such as income tax
commercial tax, excise duty , custom duty
(3) penal statute:-It is relating to crime and punishment, such as LPC food
act , prohibition of weapon act.
(4) Social welfare statute:- There are some social welfare statute such as
prohibition of sati act prohibition of gambling act prohibition of dowry act ,
prevention of immoral traffic act.
(5) Contractual statute:- this statute are relating to relationship between
parties , relating to contracts
Ex:-Contract act, partnership act, sales of goods act

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
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May 2016

(6)Family relation statute:- It is to regulate family relation , such as marriage


lows remedies in marriage succession act.
(7)Economic statute:- This include food adulteration act, prohibition of
corruption act, M.R.T.A ( monopolistic and restrictive trade practice act,
(8)Procedural statute:-it include C.P.C /C.R.P.C evidence stamp duty
distinguish between interpretation construction
Interpretation
Interpretation is later
It is done by legal experts
there can be different interpretation
there is dis creation of judge

Construction
Construction is first pillar
it is done by person who are not experts
there is common intention
there is no dis creation to judge

2Q. Explain briefly about general principal of interpretation of


statutes?
Ans. There are Meany principal which are applicable in the court and is
interpretation in the court about this principal this principal are as follows:(1) Every person is innocent unless crime is proved:- this is the main
principle criminal law when there are criminal charges against a
person then he cannot be called as criminal court presume that he is
innocent after proofer of crime he is criminal and court can punished
him
(2) Benefit of dust quest to accused:-Any case to be proved beyond
reachable doubt of there is any doubt in the proof then benefit of
doubt to be given to accused its is a basic rules that hundred criminal
can set force but one innocent should not be punished
(3) Consensus ad idem :- meaning of the principal is identify of mind
the parties in the contract both the parties should agree on same
point at same time for valid contract
Ex:- A ticket purchased for matinee show cannot be valid for first
show because there is no consensus

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

(4) Nomo DAT- QUAD- NO HABIT :- according to this principal


nobody can pass better little of the goods which he himself does not
process
Ex:-A sold stolen article to B and it pass on to several person
police can seize the article and this principal is applicable
(5) Res I PSA LOQUITOR:- Meaning of this principle is the thing
speak self there are some accident in which negligence need not be
proved.
Ex:- Airplane crash train accident bus accident
(6) Injures sine dam mum :-When there is large injures then remedy is
accusable in fort even thought there is no accident damage
(7) Dumdum sine injures:- When there is damage but no legal injures
then court may dismiss the case legal injures necessary to take in fort
(8) Torpid cause non irritation calico:-Meaning of this principle is that
no body can take advantage of his own deled and immoral Act
Ex :- A goes to a prostitute and suffer from disease he cannot claim
compensation because it is immoral Act
(9) Qui fact per alliums fact person:- Meaning of this principle is that
he who takes work through another them law presume that he himself
is doing that work vicarious liability is based on this principal
(10)
Audi alters preterm:- Meaning of this principle is that hear
other side no case can be decided without giving reasonable
opportunity to both the side this principle is applicable in all civil and
criminal cases
This are the principle on which there is interpretation court to
decide the cases

3Q. Explain all primary rules of interpretation of statute?


Ans:- Advocate have to find out relevant law and after preparation of the
case he can make interpretation before the court both sides advocate have
opportunity to make interpretation and judge may entertain sound
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

interpretation and deliver the judgment if judge find that both side
interpretation are not proper then he can gives his own interpretation and
deliver the judgment making law in not difficult process but enforcement of
law is difficult process which judges have to do there force it is right stated
that when the job of legislative comes to an and then the force of begin red
skill of advocate is to find out relevant law and decide type of interpretation
which is suitable and prepare in the case
Following are the primary rules of find out the law and the interpretation
(1) Title of the books :- When any cases then advocate have to find out
the little of the books in which law is advocate any advocate require a
good library which is helpful in preparation of the case
(2) Section and sub-section :- After finding out little advocate have to
take relevant section sub-section and clause which is application in
his case
(3) Illustrations :-In order to make interpretation have to be sledded
Ex:- Taking electricity forms poll taking way big and registered
articles such as annual vehicle from any place is theft
(4) comma and full stop:- when there is any sentence in the section
then comma and full stop have to be examine comma and full stop
gives meaning to be word and sentences
(5) Schedule:- There are some schedule and closed with the section if
there is schedule then it has to be stupid for purpose of interpretation
Ex:- schedule of disable mint schedule of disease schedule of
public twenty services
(6) Foot notes:-Foot notes are to explain the section all the foot notes
have to be slide for interpretation of statute
(7) GP or omission :- When there is any gap omission in the sentence
then it has to be filled op by appropriate word and to take the
meaning judges cannot be legislate but they have tight to fill up the
gap
(8) Rule of judders ginneries:- According to this rule meaning of the
legal term to be connoted in to general term and legal term
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

Ex:-Voluntary non fit ligules is a legal term having meaning


law full act done with consent is general meaning cadent emptor is a
legal terms having meaning let the buyer because when there is no
warranty or guaranty then this rule is applicable is general meaning
(9) Intension of legislature:- purpose of all this rules is to enforce of
the legislation when court give judgment any statue is with some
purpose which have to be enforced by court in letter if spirit
This are the primary rule of interpretation of statues
4Q.Briefly explain provisions of mischief rule and golden rules?
ANS. This chief rules is an enacting the statute when there is encore or
defect is the statutes then it is called mischief sue mischief may be
intentional or unintentional which court have to eliminate in legal expert
they have been delegated law making function and there is possibility of
error or mistake or defeat in the statute
Following are the points relating to mischief rule
1, When there is uncertainty in the meaning of the sentence or the
word in the section
2, Judge have on night to add or delete any word , because judge
have to deliver judgment and not legislate
3, When there is ambiguity in the word or sentence then judge have
to remove the ambiguity through interpretation and enforce it
Ex:- Cruelty is the ground of divorce and the term cruelty is
interpreted has mental cruelty physical cruelty psychological cruelty
Ex 2;- If necessary supped to minor them it is valid contract and
court have to interpret the term necessary
4, When there is no comma or full stop at appropriate place then it is
also mischief and judge have to take meaning by using comma or full stop

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

5, When there is any mischief then it should not be repressed but at


should be eliminated four gushier cannot be done when there is mischief
6, When improper or wrong word is used in the reaction then is
should be replaced by proper world to enforce that section
There force, mischief rule is applicable when statute is
enacted, when there is elimination of mistake them it is called as golden
rule which is responsibility of judiciary
Golden rule:- following are the points applicable relating to golden rule of
interpretation of statute
1, When there is use of comma or full stop at appropriate place
2, When there is uncertainty or ambiguity then it has to be removed in
golden rule
3,There should be use of legal terms
4, Statute to be read has or whole and mot partly
5, All section and sob section clauses have to be examined
6, When there is amendment in the low or low is repealed , then judge have
to examine before interpretation
7, judge can add his own comment use in support of the section
8, judge have to admin sound interpretation
9, When judge give judgment the has to give sound reasons and
observation opinion and finding
10, Judge can make appreciation or criticisms about legal provision
because judge is master of low and not the solve of low
11, When there is defect in earlier judgment then it should be rectified and
new precedent to be declined which is applicable in feline cases
12, judge can make recommendation to make new low which are
recommendation and not mandatory for legislates
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

13, Judge have to a ascertain meaning doubtful words


14, Judge should not allow to defeat purpose of low repast
15, Judge have to keep in mind impact of his judgment on society
16, Judge have to examine local rules state and central act and
departmental rule and report of low commission or low committee
This is the provision relating to mischief rules and golden rule court
should always follow golden rule in deciding the cause.

5Q.What is beneficial construction? Explain provision of


beneficial constriction to avoid collusion with other statute?
ANS. Beneficial construction means such construction which avoid
collusion with other statute act every act is independent having specific
objective if there is conflict or collusion between the statute then it may
create confusion in mind of judges to enforce it
Following are the provision to be made applicable for beneficial
constructions
1.Tittle of the statute:- Every statute requires some little or name so that it
can be independent statute
Ex :- food adulteration act, prohibition of gambling act, prohibition of
weapon act.
2. preamble or introduction:- There should be introduction or preamble to
be enclosed in beginning of every statute it give basic idea about object of
the statute
3. sections and sub-sections:- Every statute to e dunned in section and
sub-section all this section are brought together which are co-related

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

4. Overlapping:- There should not be overlapping of same prevision in


different section if there is overlapping then it may creat confect or
collusion.
5. local enactment:- It means statute enacted by state these are also lows
enacted by local authorities under delegated powers such or municipality
university railways at has ho be examined to avoid conflict.
6. Contnaeloction with parent low:- When there is conflict parent
legislation and sub-ordinates legislation, then parent legislation shall prevail
when there is conflict central legislation and state legislation then central
legislation prevail , when there is conflict between statute enacted by state
and statute enacted under delegated power then state statute shall prevail.
7. Legal terminology;-When statute is enacted then legal terminology to
be used in argument it can be explained in general terminology
8.Legal principles:- All legal principles to be made applicable when ever
statute is enacted.
9. exception or defense:- If there are any defenses or exception them it
should be covered in the statutes
10.Remedies:- There should be appropriate remedies to be maintained in
the statute if remedy is not maintained then there is possibility of collusion
or conflict.
This are the provision relating to beneficial construction to avoid
collusion with statute.

6Q. Briefly explain internal aid and external aid necessary for
interpretation of statutes?
ANS : Every statutes advocate have to make interpretation and arguments
he has to prepare the case , before presentation in the court . advocate
have to collect relevant material from different sources called as internal
help and external and external aid or intrinsic or extrinsic
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

Internal aids:- following are the points realign to internal aids or intrinsic
aids material is collected by sitting in office.
1. Relevant book four library:- Advocate requires library when any case
come he has to find out relevant book by examine it little in that book
he has to find out heading, read preamble, and find out relevant
sections and sub-section.
2. Marginal notes:- There are marginal notes or food notes, in order to
find out additional information he can refer marginal notes or food
notes and the relevant book.
3. Commentaries:-Advocate have to read commentaries which is
attached to relevant sections, it gives more information about the
section it is also called explanation to section he can also prepare
case by examine illustration and schedule which are enclose.
4. Reporters:-Advocate have to examining low reporters in which case
decided by supreme court and high court are reported there are
many reporters and generals published every month which report the
case in all this ruling new judgments are reported if this judgment are
shown in the court then judge have to oblige it and delivery judgment
accordingly it is called as precedents
5. Internet website information:-There is also information about case
available on internet and wed site which can be collected as internal
aids
External aids:- Following information to be collected from
outside sources.
Parliamentary history:-In parliamentary history detail is
collected about low in four and changes in the low.
2. Legislative debate:- There are debates in parliament before making any
low views expressed by members can be high heighted in the court
3. Low committee report:- if committee is appointed there is report of
committee then information can be collected to produce in the court.
4. Report of low commission:- When commission is appointed and
recommendation can be produced in the court.
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

5. Local enactment:- There are some local lows such as low of bank, L I C
railway university , which have to be collected from outside when required
in the case
6. Foreign judgment:- Foreign judgment are recommendatory. But it can be
produced in support of case
7. Paper cuts:- there is relevant information published in newspaper
magazine, if it is relevant then advocate can produce paper cuts in the
court
PRESUMPTION
Legal dictionary:- When meaning of any legal term is necessary to explain
on the court then legal dictionary can be produced to find out appropriate
meaning.
This is detail about internal aids and external aid necessary for
legal Practice

7Q.Explain the provision relating to preclusion or


interpretation of statute?
ANS. Presumption means to believe some facts or true and correct unless
to is disproved by opposite party court may apply rule of presumption there
is also interpretation on point of presumption this presumption are as
follows:1, Dis-appearance:- when anybody disappear for 7 year or more period
and where about are not known then it is presumed that such person is
death if anybody claim that he is alive then burden of proof is on him if all is
not proof then court may decide a case according to presumption.
2. cruelty against married women:- When there cruelty caused again
married women then she can give complaint against husband and in lows
u\s 498 there is presumption of the court that complaint is genuine bedim to
its proved the allegation is on in low and compliment

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
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May 2016

3. Legitimacy:- When any child takes birth after 280 Days of marriage and
on medical ground 210 days, after marriage there is pressure that the child
is legitimate unless disapproved by opposite party.
4.Rape:-When there is complaint of rape given by women or girl then there
is presumption that complaint is prove and correct burden of prove is on
accused that it is false complaint.
5. Ancient document:- When any document of 30 year or old period at
produced then it is genuine document unless disapproved.
6. Publication in gazette:- Any publication in gazette is presumed as true
and correct by the court
7. Publication in lows book reporters:- Any publication in low book low
general low reporters is presumed as prove and correct by the court
8. Publication of innocence:- When any proven produced in the court or
remind changes then it is presumed that accused is innocent ,court cannot
punish. Any accused unless criminal charges are proved against him
beyond reasonable doubt.
9. local laws:- There are many departmental rules and local enactment of
this rules are shown there judges may presume it as correct rules. Unless
disapproved by opposite party.
This is detail relating to all the presumption which is applicable
in the court and there is interpretation on presumptions.

Q8. Explain effort of repeal, amendment and confect b\w supreme


legislation and sub-ordinate legislation.

ANS:- Law cannot be rigid society is dynamic and law cannot be static,
Acc to requirement of society changes of society changes come in law and
judgment of courts.

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

Effects of Repeal:- Repeal means to withdraw a law partly or completely,


when any law is repeat then it is not effective. It include following points.
When any law is repeat then already booked cases have to be decided by
the court . there is no effect of repeat on pending cases . when any law is
repeated .then further cases cannot be booked under repeated law.

EX:- In A.P there was liqueur prohibition Act which was in


practice for two year period, after two year the act was repeal there is trail
of the cases already booed Acc to repeat law .but hen it is repeated them
no cases can be booked in future under repeat law . there is no back late
retrospective of repealed criminal law.
Effect of amendment:- amendment mean to bring alteration or changes
in a section or sub-suction, when there is any amendment .then it has
effect on all pending cases .this cases have to be decided. Acc to
amendment . there is no effect of amendment in already decided cases
.when any cases goes in appeal and amendments have taken place then
appeal ant court also decide cases acc to amendments.
Conflict b\w supreme legislation and sub- ordinate legislation:- when
there is conflict b\w supreme and sub ordinate legislation then supreme
legislation. Shall prevail it is called as parent legislation, when there is
conflict b\w central legislation and state legislation then central legislation
shall prevail when there is conflict b\w central or state legislation and subordinate legislation then central or state legislation shall prevail.
There are five type of sub ordinate legislations.
1.) Colonial legislation:- it was the legislation in territory of kings . law
made by kings was effective in his territory.
2.) Judicial legislation:- supreme court make rules for all courts in india
high court makes rules for all courts in state . if there is conflict b\w
rule of H.C & S.C then S.C rule shall be prevail.

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
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3.) Executive legislation:- executive can also make rules and regulations
applicable in the department. If there is conflict b\w executive rule and
govt order then govt order shall present.
4.) Autonomous legislation:- when there are rules of autonomous bodies
such as railways, post , bank if there is conflict b\w rules autonomous
and status shall prevail.
5.) Municipal legislation:- there is separate municipal act applicable with
in municipal limits , when there is conflict b\w municipal act and state
or central legislation shall prevail.
This is detail about effect of amendment, repeal and conflict b\w laws.

SHORT NOTES
1Q. Judicial restraint
Ans:- Judiciary plays important role in enforcement of constitution and
democracy .it is stated that judges have to judge and not to legislate
.restraint means limitation. Judged should not cross there limitation
otherwise under judicial activation ,judges have wide dictionary powers but
there are also restrain or limitation , which are as follows:1.) Judges should not deliver judgment in contravention of preamble of
the constitution.
2.) Judiciary should not interfere in privilege of parliament and assembly
which are specified in constitutions.
3.) Judges cannot make any new law but they have to interbred and
enforce existing law
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016

4.) Judges should not give punishment which is more then specified
under the law.
5.) Judges should not interfere under repeal law .if cases are booked
after words.
This are the restraints or limitations applicable for judiciary
called as judicial restraints.
2Q. Judicial review
Ans:- Means to reconsider there is power of the court to rectify any error
.which comes in the judgment and it brought to notice judicial review
includes following points.
1.) Review petition is filled before same judge after the judgment.
2.) Copy of the judgment to be enclosed and error committed by
the court to be specified in the petition.
3.) Review petition to be filed with in one month from date of
judgment.
4.) Judge make hearing of both sides.
5.) When judges failed that there is error then it is rectified .if there
is no error then review petition is dismissed.
Became of review petition there is no need to go on appeal it time and
money of the party.

3Q. General clauses act 1897


Ans:- It is common act passed in ancient period and it is applicable to all
the statutes . there are 30 sec in general clauses act .in which legal term
are defined .when any interpretation is requires about legal terms then
general clauses act can be referred .it can contain following point.
1. There are definition of legal term legal phrase and general principal
2. there is detail about effects of amendment and effect of repeal on
interpretation.
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
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3. in general clauses act there are provision computations of limitation


period.
Therefore general clauses act is helpful at the time interpretation.
4Q.Interpretation of substantive and procedural law
Ans:- Laws are divided into category and this are substantive law speak
about right and remedies , procedural law speaks about procedure to be
followed to achieve the right . substance law include I.P.C contract, lost
,partnership , constitution, procedural law include civil procedure code
criminal procedure code , evidence act, limitation act , stamp duty act.
Interpretation of substantive and procedural law include following point .
1. There is more scope to make interpretation in substance
law & less scope to interpretation in procedural law.
2. There are different types of interpretation applicable in
substantive law.
In procedural law there is grammatical interpretation.
3. In Slaws there is limited discretion to judges where as IP.
Law there is more discretion to judges to apply it.
5Q.Harmonious construction
Ans:- It means such construction of the statues which prevent conflict with
some statute and other statute and
other statues following are the rules relating to harmonious construction.
1.) There should be enforcement of all rules of grammar in framing the
section . such as common, full stop and use of legal terms.
2.) All legal principal to be followed.
3.) If necessary sub section clauses have to be added.
4.) There should be co-ordination and sequence in sections.
5.) There should not be overlapping in the section.

Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes


Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016