Why statutes require interpretation? As long as there has been law, there has been statutory interpretation. Share. 8) Taxting Statute - A taxing statute is one which imposes taxes on income or certain other kinds of transactions. The terms contained in the norm should be understood in their ordinary meaning and in context.Special meaning can be 1) Consider the following statements : A) Every promise is an agreement. In addition, the courts may also apply rules of language, intrinsic and extrinsic aids and presumptions to aid statutory interpretation. Secondary Rules Primary Rules – These are the main rules of interpretation of statutes. INTERPRETATION OF STATUTES Justice A.K. 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. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction. Law Notes for Law students. Drafting errors: I include here not just typos or grammatical errors (exceedingly rare) but also errors arising from textual inference. 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. study materials for BSL,LLB, LLM, and Various Diploma courses. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. HIMANSHU AGARWAL CS,LLB,LLM,PHD Scholar Himanshu_2108@yahoo.in 09461210887 2. Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for non-observance. 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. The Parliament is given authority of Lawmaking. Consequences of Non-Compliance With The Provisions Relating to Arrest (Cr.P.C). 1) Consider the following statements : A) Every promise is an agreement. The judge would not grant Mrs Berriman compensation for her husband’s deat… Interpretation of statues to render justice isthe primary function of the judiciary. 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. The main objective of interpretation is to understand the legislative intent of the particular statute conveyed through the language used in the statute. Interpretation of statutes is quite an old practice. In today’s Video Let us understand the Rules of Interpretation! It is the duty of the Court tointerpret the Act and give meaning to each word of the Statute. 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 term interpretation means “To give meaning to”. 1 CORE LEGAL SKILLS The literary method of Statutory Interpretation The method of interpreting statutes by the judges is known as Statutory interpretation. As stated above, a statute may define a word even artificially, setting up of its ambit, whether to make restrictive of a definition or to make it extensive. Where they are possible of giving one and only one meaning there is no problem. The logic behind this principle is that imposition of taxes is also a kind of imposition of penalty which can only be imposed if the language of the statute clearly says so; [24] in many instances, liberal or beneficial interpretation has an important role to play in taxing statute’s interpretation. the usage of some words change with time. There is nothing that can be included in the meanin… There are three categories of reasons for why statutes need to be interpreted: (1) drafting errors (2) changed circumstances and (3) incomplete rules. Interpretation is of two kinds – grammatical and logical. 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 ? According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. 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. Interpretation, however, can also give the legal text a meaning that actualizes … Yet a moment’s reflection reveals the difficul… The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Realizing the intent of the author is the goal of one kind of system of interpretation (subjective interpretation8). Mandatory Statutes: These statutes are also known as imperative statutes. Sometimes, more than one method may be used. 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. Srivastava, Judge, Delhi High Court at New Delhi Words spoken or written are the means of communication. Interpretation of Statutes (IOS2601) Helpful? 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. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. According to Blacks Dictionary, Statutes can be classified by object, by method, by reference to duration -. Interpretation of statute 1. All interpretation relies on conveying information from a source language into a target language, but there are multiple ways this is achieved and the best method for interpretation will depend upon the needs of the speakers and listeners. requires interpretation, for the absence of dispute is a product of interpre-tation. Governmentalpower has been divided into three wings namely the legislature, theexecutive and the judiciary. 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. study materials for BSL,LLB, LLM, and Various Diploma courses. It is the process of giving true meaning to the statute. 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. Under the literal rule, the words in a statute are given their ordinary and natural meaning. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Primary Rules 2. Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. Interpretation of statutes is a very important issue which is not made easy due to varying factors. One of them is that words do not usually have static meanings. With a strong back by professional interpreters from different industries, we offer all kinds of interpretation that you may want. Generations of students have learned the mantra that the golden rule of interpretation is to determine and give effect to “the intention of the legislature”, and that this is to be derived from the ordinary grammatical meaning of the language of the legislation unless this would lead to absurdity that could not have been intended. Share capital, What are different Kinds of share Capital? When a word is defined to ‘mean’ something, the definition prima facie is restrictive in nature and is exhaustive. Various sources used are only limited to explore the written text and clarify what exactl… Statute includes Ordinance, order, bye laws, rules, regulations and notifications. 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. But where there is a possibility of two B) Every agreement is a contract. 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.” The interpretation of laws is confined to courts of law. 0 0. There are three main rules of language. This basically involves an act of discovering the true meaning of the language which has been used in the statute. 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