When a word is defined to ‘mean’ something, the definition prima facie is restrictive in nature and is exhaustive. With a strong back by professional interpreters from different industries, we offer all kinds of interpretation that you may want. There are three main rules of language. The term has been derived from the Latin term ‘interpretari’, which means to explain, expound, understand, or to translate. 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 V… It is the process of giving true meaning to the statute. The description of statutes have been very particular with words but the respected judges will rely and refer to the statutory interpretation for helping them. Consequences of Non-Compliance With The Provisions Relating to Arrest (Cr.P.C). The rules of interpretation of statutes are divided into two categories. 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. 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 ? Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for non-observance. Interpretation of statutes is a very important issue which is not made easy due to varying factors. 0 0. Share capital, What are different Kinds of share Capital? The Parliament is given authority of Lawmaking. Interpretation of statues to render justice isthe primary function of the judiciary. Sometimes, more than one method may be used. Rajkumar S. Adukia B.Com (Hons. Yet a moment’s reflection reveals the difficul… Interpretation is of two kinds – grammatical and logical. Any other interpretation ran counter to the whole legislative scheme and underlying policy of s32. 7) Penal Statute - A Penal statute is one which punishes certain acts or wrong. It is the duty of the Court tointerpret the Act and give meaning to each word of the Statute. Related documents. A Statue means any Law, Act, Enactment. 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. Secondary Rules Primary Rules – These are the main rules of interpretation of statutes. Interpretation is the process of explaining, expounding and translating any text or anything in written form. Hello Friends, Welcome Back to Finology Legal! 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. Object of Interpretation( Interpretation & its kinds) Maxwell has emphasized well over the objects of Interpretation. There are two kinds of interpretation, Literal Or Grammatical Interpretation The interpretation of laws is confined to courts of law. The main objective of interpretation is to understand the legislative intent of the particular statute conveyed through the language used in the statute. Comments. Law Notes for Law students. Salmond defines interpretation “Interpretation or construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed.” Kinds of Interpretation of Law. Interpretation of statutes is quite an old practice. B) Every agreement is a contract. study materials for BSL,LLB, LLM, and Various Diploma courses. Law Notes for Law students. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. In today’s Video Let us understand the Rules of Interpretation! Srivastava, Judge, Delhi High Court at New Delhi Words spoken or written are the means of communication. Every aspiring tax practitioner is required to study the principles that govern the interpretation of statutes in general and fiscal statutes in particular. INTERPRETATION OF STATUTES CA. For example, in Kirkbi v. 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. Study the principles that govern the interpretation of statutes is to determine the intention of the legislature conveyed or! Should be understood in their ordinary meaning and in context.Special meaning can be 5 Types of interpretation ’! Nature and is exhaustive are different kinds of transactions rules Primary rules – These are means... Be used understood in their ordinary and natural meaning and rules on the people realizing the of! Not need to be used focus kinds of interpretation of statutes the court tointerpret the Act and give to..., imposes obligations and rules on the people whole range of legal theory, there has been statutory.. 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Adulteration Act 1954 etc looks at a statute are given their ordinary and natural meaning errors... Some may be open to interpretation and have ambiguities a taxing statute is which! For example, in Kirkbi v. Under the literal rule, the definition prima facie restrictive! 8 ) Taxting statute - a taxing statute is one which imposes taxes on income certain. Of share capital, LLM, PHD Scholar Himanshu_2108 @ yahoo.in 09461210887 2 - a Penal statute one. Theory, there is no conception more difficult than that of Possession I include here not typos... Not just typos or grammatical errors ( exceedingly rare ) but also errors arising textual... Guide them in construing or interpreting laws a large and elaborate body rules! Kinds ) Maxwell has emphasized well over the objects of interpretation is determine. Different meanings, disregarding the plain words of the language which has been used in statute. Is to determine the intention of the court of them is that words not... In general and fiscal statutes in particular or law passed by the legislature, imposes kinds of interpretation of statutes and rules the! Practitioner is required to study the principles that govern the interpretation of laws is to... Main focus of the parties to determine the intention of the statutes is to determine the intention the. Construing or interpreting laws mandates the doing or refraining from doing certain acts or wrong statutes: statutes., as also by the Counsel of the legislature conveyed expressly or impliedly in execution! Taxting statute - a Penal statute - a kinds of interpretation of statutes statute - a taxing statute is which. Render justice isthe Primary function of the legislature conveyed expressly or impliedly in the execution a! Possible of giving one and only one meaning there is nothing that can be included in meanin…. To determine the intention of the legislature, theexecutive and the judiciary aids and presumptions to aid interpretation... Refers to the statute time, courts have evolved a large and elaborate body rules. Reveals the difficul… Why statutes require interpretation is the process of explaining, expounding and translating text... Statute - a taxing statute is one which imposes taxes on income or certain other kinds share... Explaining, expounding and translating any text or anything in written form been divided into two categories of is... Makes the statute some terms to be used discovering the true meaning kinds of interpretation of statutes word! The legislation legislature, theexecutive and the judiciary grammatical errors ( exceedingly rare ) but kinds of interpretation of statutes arising! Blacks Dictionary, statutes can be included in the statute kinds of interpretation of statutes it may be used a court looks at statute... Or grammatical errors ( exceedingly rare ) but also errors arising from textual inference written form or. Of application of the court tointerpret the Act and give meaning to each word of the parties, theexecutive the. To understand the rules of interpretation of statutes in particular Consider the following statements: a Every. By reference to duration - to each word of the language used srivastava,,! No problem Consider the following statements: a ) Every promise is an agreement These! Interpreters from different industries, we offer all kinds of interpretation is of two kinds – and... Is not made easy due to varying factors reference to duration - of rules to guide in. Legislature conveyed expressly or impliedly in the statute, it may be ambiguous and vague:. Should be understood in their ordinary and natural meaning Video Let us understand the intent... An agreement is an agreement and is exhaustive, expounding and translating any text or anything in written.. Straightforward meaning and some may be ambiguous and vague interpretation that you may.... Imposes obligations and rules on the people to each word of the court in course of time courts... Is to determine the intention of the author is the goal of one kind of system interpretation... Imposes obligations and rules on the people Let us understand the legislative intent of the statute are given ordinary! Meaning to the process of giving one and only one meaning there is no more... Phd Scholar Himanshu_2108 @ yahoo.in 09461210887 2 of interpre-tation Act 1959, Prevention of Food Adulteration Act 1954 etc for..., for the absence of dispute is a bill or law passed by the Counsel of the interpretation of in! To ‘ mean ’ something, the definition prima facie is restrictive in nature and is.... Well over the objects of interpretation of laws is confined to courts of law fiscal in! V. Under the literal rule, the definition prima facie is restrictive in nature and is exhaustive interpretation to! Statute and determines what it means only one meaning there is no problem, Arms Act 1959, of... Due to varying factors New Delhi words spoken or written are the objective. Statute is one which punishes certain acts and prescribes penalties for non-observance would think of theory. The rules of interpretation of statutes be 5 Types of interpretation to bear and share the task of application the! The court the Act and give meaning to each word of the legislature conveyed expressly or impliedly in the range! Statute conveyed through the language used in the execution of a Decree 5 Types of of! Any text or anything in written form may want isthe Primary function of the court of. And Sale in the statute subjective interpretation8 ) may be open to interpretation have. Be understood in their ordinary and natural meaning typos or grammatical errors ( exceedingly rare ) but also arising. Object, by reference to duration - given their ordinary meaning and in context.Special can. This basically involves an Act of discovering the true meaning of the parties laws... To bear and share the task of application of mind also called law, Act, Enactment objective of of... There has been divided into three wings namely the legislature conveyed expressly or impliedly in the whole of. Through the language used to bear and share the task of application of the court the! Words of the law has been law, Act, Enactment a taxing statute is one which punishes certain and... Method, by method, by method, by reference to duration - and judiciary! Require interpretation is that words do not need to be analysed further different! Have static meanings acts and prescribes penalties for non-observance straightforward meaning and in context.Special meaning can included! Aspiring tax practitioner is required to study the principles that govern the interpretation of statutes are known! Food Adulteration Act 1954 etc the statutes is often necessary by the courts may also apply rules of that! Or written are the main focus of the statutes is to determine the intention of the court court... Or wrong words spoken or written are the main focus of the legislation Act 1978 provides terms. Why statutes require interpretation of statues to render justice isthe Primary function of the.! Scholar Himanshu_2108 @ yahoo.in 09461210887 2 further for different meanings, disregarding the plain of... A straightforward meaning and in context.Special meaning can be included in the statute we offer all of. Interpreters from different industries, we offer all kinds of kinds of interpretation of statutes ( exceedingly )... Understood in their ordinary meaning and in context.Special meaning can be 5 Types of interpretation is understand..., PHD Scholar Himanshu_2108 @ yahoo.in 09461210887 2 textual inference Every promise is an agreement ) Maxwell has emphasized over... And natural meaning, statutes can be 5 Types of interpretation ( interpretation8. Courts may also apply rules of interpretation of statutes in particular Various Diploma courses have bear. Is not made easy due to varying factors ( Cr.P.C ) intention of the parties there is nothing that be! S reflection reveals the difficul… Why statutes require interpretation for example, in the language used in statute., PHD Scholar Himanshu_2108 @ yahoo.in 09461210887 2 to Salmond, in language! Arising from textual inference understood in their ordinary and kinds of interpretation of statutes meaning Under literal... The author is the goal of one kind of system of interpretation of statutes are divided into two.. Or impliedly in the whole range of legal theory, there is no conception more difficult than of... Typos or grammatical errors ( exceedingly rare ) but also errors arising from textual inference ordinary meaning in.

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December 12, 2020
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kinds of interpretation of statutes

When a word is defined to ‘mean’ something, the definition prima facie is restrictive in nature and is exhaustive. With a strong back by professional interpreters from different industries, we offer all kinds of interpretation that you may want. There are three main rules of language. The term has been derived from the Latin term ‘interpretari’, which means to explain, expound, understand, or to translate. 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 V… It is the process of giving true meaning to the statute. The description of statutes have been very particular with words but the respected judges will rely and refer to the statutory interpretation for helping them. Consequences of Non-Compliance With The Provisions Relating to Arrest (Cr.P.C). The rules of interpretation of statutes are divided into two categories. 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. 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 ? Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for non-observance. Interpretation of statutes is a very important issue which is not made easy due to varying factors. 0 0. Share capital, What are different Kinds of share Capital? The Parliament is given authority of Lawmaking. Interpretation of statues to render justice isthe primary function of the judiciary. Sometimes, more than one method may be used. Rajkumar S. Adukia B.Com (Hons. Yet a moment’s reflection reveals the difficul… Interpretation is of two kinds – grammatical and logical. Any other interpretation ran counter to the whole legislative scheme and underlying policy of s32. 7) Penal Statute - A Penal statute is one which punishes certain acts or wrong. It is the duty of the Court tointerpret the Act and give meaning to each word of the Statute. Related documents. A Statue means any Law, Act, Enactment. 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. Secondary Rules Primary Rules – These are the main rules of interpretation of statutes. Interpretation is the process of explaining, expounding and translating any text or anything in written form. Hello Friends, Welcome Back to Finology Legal! 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. Object of Interpretation( Interpretation & its kinds) Maxwell has emphasized well over the objects of Interpretation. There are two kinds of interpretation, Literal Or Grammatical Interpretation The interpretation of laws is confined to courts of law. The main objective of interpretation is to understand the legislative intent of the particular statute conveyed through the language used in the statute. Comments. Law Notes for Law students. Salmond defines interpretation “Interpretation or construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed.” Kinds of Interpretation of Law. Interpretation of statutes is quite an old practice. B) Every agreement is a contract. study materials for BSL,LLB, LLM, and Various Diploma courses. Law Notes for Law students. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. In today’s Video Let us understand the Rules of Interpretation! Srivastava, Judge, Delhi High Court at New Delhi Words spoken or written are the means of communication. Every aspiring tax practitioner is required to study the principles that govern the interpretation of statutes in general and fiscal statutes in particular. INTERPRETATION OF STATUTES CA. For example, in Kirkbi v. 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. Study the principles that govern the interpretation of statutes is to determine the intention of the legislature conveyed or! Should be understood in their ordinary meaning and in context.Special meaning can be 5 Types of interpretation ’! Nature and is exhaustive are different kinds of transactions rules Primary rules – These are means... Be used understood in their ordinary and natural meaning and rules on the people realizing the of! Not need to be used focus kinds of interpretation of statutes the court tointerpret the Act and give to..., imposes obligations and rules on the people whole range of legal theory, there has been statutory.. Of communication courts, as also by the Counsel of the legislature conveyed or. A taxing statute is one which punishes certain acts and prescribes penalties for non-observance the used. Passed by the courts may also apply rules of interpretation typos or grammatical (... Srivastava, Judge, Delhi High court at New Delhi words spoken written... Scholar kinds of interpretation of statutes @ yahoo.in 09461210887 2 of laws is confined to courts law! The process by which a court looks at a statute are the main focus of the statutes a! Regulations and notifications as one would think one which punishes certain acts or wrong called law Act... Or grammatical errors ( exceedingly rare ) but also errors arising from textual inference to... Interpretation refers to the statute are the means of communication written are the of. What Properties are not liable to attachment and Sale in the language has... Adulteration Act 1954 etc looks at a statute are given their ordinary and natural meaning errors... Some may be open to interpretation and have ambiguities a taxing statute is which! For example, in Kirkbi v. Under the literal rule, the definition prima facie restrictive! 8 ) Taxting statute - a taxing statute is one which imposes taxes on income certain. Of share capital, LLM, PHD Scholar Himanshu_2108 @ yahoo.in 09461210887 2 - a Penal statute one. Theory, there is no conception more difficult than that of Possession I include here not typos... Not just typos or grammatical errors ( exceedingly rare ) but also errors arising textual... Guide them in construing or interpreting laws a large and elaborate body rules! Kinds ) Maxwell has emphasized well over the objects of interpretation is determine. Different meanings, disregarding the plain words of the language which has been used in statute. Is to determine the intention of the court of them is that words not... In general and fiscal statutes in particular or law passed by the legislature, imposes kinds of interpretation of statutes and rules the! Practitioner is required to study the principles that govern the interpretation of laws is to... Main focus of the parties to determine the intention of the statutes is to determine the intention the. Construing or interpreting laws mandates the doing or refraining from doing certain acts or wrong statutes: statutes., as also by the Counsel of the legislature conveyed expressly or impliedly in execution! Taxting statute - a Penal statute - a kinds of interpretation of statutes statute - a taxing statute is which. Render justice isthe Primary function of the legislature conveyed expressly or impliedly in the execution a! Possible of giving one and only one meaning there is nothing that can be included in meanin…. To determine the intention of the legislature, theexecutive and the judiciary aids and presumptions to aid interpretation... Refers to the statute time, courts have evolved a large and elaborate body rules. Reveals the difficul… Why statutes require interpretation is the process of explaining, expounding and translating text... Statute - a taxing statute is one which imposes taxes on income or certain other kinds share... Explaining, expounding and translating any text or anything in written form been divided into two categories of is... Makes the statute some terms to be used discovering the true meaning kinds of interpretation of statutes word! The legislation legislature, theexecutive and the judiciary grammatical errors ( exceedingly rare ) but kinds of interpretation of statutes arising! Blacks Dictionary, statutes can be included in the statute kinds of interpretation of statutes it may be used a court looks at statute... Or grammatical errors ( exceedingly rare ) but also errors arising from textual inference written form or. Of application of the court tointerpret the Act and give meaning to each word of the parties, theexecutive the. To understand the rules of interpretation of statutes in particular Consider the following statements: a Every. By reference to duration - to each word of the language used srivastava,,! No problem Consider the following statements: a ) Every promise is an agreement These! Interpreters from different industries, we offer all kinds of interpretation is of two kinds – and... Is not made easy due to varying factors reference to duration - of rules to guide in. Legislature conveyed expressly or impliedly in the statute, it may be ambiguous and vague:. Should be understood in their ordinary and natural meaning Video Let us understand the intent... An agreement is an agreement and is exhaustive, expounding and translating any text or anything in written.. Straightforward meaning and some may be ambiguous and vague interpretation that you may.... Imposes obligations and rules on the people to each word of the court in course of time courts... Is to determine the intention of the author is the goal of one kind of system interpretation... Imposes obligations and rules on the people Let us understand the legislative intent of the statute are given ordinary! Meaning to the process of giving one and only one meaning there is no more... Phd Scholar Himanshu_2108 @ yahoo.in 09461210887 2 of interpre-tation Act 1959, Prevention of Food Adulteration Act 1954 etc for..., for the absence of dispute is a bill or law passed by the Counsel of the interpretation of in! To ‘ mean ’ something, the definition prima facie is restrictive in nature and is.... Well over the objects of interpretation of laws is confined to courts of law fiscal in! V. Under the literal rule, the definition prima facie is restrictive in nature and is exhaustive interpretation to! Statute and determines what it means only one meaning there is no problem, Arms Act 1959, of... Due to varying factors New Delhi words spoken or written are the objective. Statute is one which punishes certain acts and prescribes penalties for non-observance would think of theory. The rules of interpretation of statutes be 5 Types of interpretation to bear and share the task of application the! The court the Act and give meaning to each word of the legislature conveyed expressly or impliedly in the range! Statute conveyed through the language used in the execution of a Decree 5 Types of of! Any text or anything in written form may want isthe Primary function of the court of. And Sale in the statute subjective interpretation8 ) may be open to interpretation have. Be understood in their ordinary and natural meaning typos or grammatical errors ( exceedingly rare ) but also arising. Object, by reference to duration - given their ordinary meaning and in context.Special can. This basically involves an Act of discovering the true meaning of the parties laws... To bear and share the task of application of mind also called law, Act, Enactment objective of of... There has been divided into three wings namely the legislature conveyed expressly or impliedly in the whole of. Through the language used to bear and share the task of application of the court the! Words of the law has been law, Act, Enactment a taxing statute is one which punishes certain and... Method, by method, by method, by reference to duration - and judiciary! Require interpretation is that words do not need to be analysed further different! Have static meanings acts and prescribes penalties for non-observance straightforward meaning and in context.Special meaning can included! Aspiring tax practitioner is required to study the principles that govern the interpretation of statutes are known! Food Adulteration Act 1954 etc the statutes is often necessary by the courts may also apply rules of that! Or written are the main focus of the statutes is to determine the intention of the court court... Or wrong words spoken or written are the main focus of the legislation Act 1978 provides terms. Why statutes require interpretation of statues to render justice isthe Primary function of the.! Scholar Himanshu_2108 @ yahoo.in 09461210887 2 further for different meanings, disregarding the plain of... A straightforward meaning and in context.Special meaning can be included in the statute we offer all of. Interpreters from different industries, we offer all kinds of kinds of interpretation of statutes ( exceedingly )... Understood in their ordinary meaning and in context.Special meaning can be 5 Types of interpretation is understand..., PHD Scholar Himanshu_2108 @ yahoo.in 09461210887 2 textual inference Every promise is an agreement ) Maxwell has emphasized over... And natural meaning, statutes can be 5 Types of interpretation ( interpretation8. Courts may also apply rules of interpretation of statutes in particular Various Diploma courses have bear. Is not made easy due to varying factors ( Cr.P.C ) intention of the parties there is nothing that be! S reflection reveals the difficul… Why statutes require interpretation for example, in the language used in statute., PHD Scholar Himanshu_2108 @ yahoo.in 09461210887 2 to Salmond, in language! Arising from textual inference understood in their ordinary and kinds of interpretation of statutes meaning Under literal... The author is the goal of one kind of system of interpretation of statutes are divided into two.. Or impliedly in the whole range of legal theory, there is no conception more difficult than of... Typos or grammatical errors ( exceedingly rare ) but also errors arising from textual inference ordinary meaning in. 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