Apportionment of tax to Centre and State in certain cases [ Sec 10 ]: Essential requirements for IGST Transfer and apportioning of residual IGST/IGST paid on B2C supplies : Miscellaneous Provisions in Model GST Law: Miscellaneous Provisions in Model IGST Law. Access Justice - Grade: A3 Revision guide - Summary LEGAL SYSTEM LS2025 Handout 2018 - Summary DELICT AND UNJUSTIFIED ENRICHMENT BU5061Course Syllabus … The meaning publicly given by contemporary or long professional usage is presumed to be true one, even where the language has etymologically or popularly a different meaning. Normally not to cause hardship, inconvenience, injustice and avoid friction in system. (adsbygoogle = window.adsbygoogle || []).push({}); Statutory Interpretations and Legal Maxims: The GST Acts like other recent laws in India is not simple and may need to be read considering the general principles of interpretation and may also need to follow legal maxims laid down over centuries. Expressio unius est exclusio alterius is a Latin phrase that means express mention of one thing excludes all others. If the specific words do not belong to a distinct. It is a rule of construction used usually in distributing property. 629 common law. The maxim Contemporanea expositio as laid down by Lord Coke was applied to construing ancient statutes, but usually not applied to interpreting Acts or statutes which are comparatively modern. Statutory Interpretation The process by which meaning and content are given, by the courts, to statutes and the words and phrases contained in them. The above are some indicative principles. THE MAXIMS OF STATUTORY INTERPRETATION A maxim is a concisely expressed principle or rule of conduct.' This maxim has been confirmed by the Apex Court in Desh Bandhu Gupta v. Delhi Stock Exchange Asson. Please sign in or register to post comments. Contemporanea exposito is a guide to the interpretation of documents or statutes. It is one of the rules of language used by court to interpret legislation. Chapter III – AIDS TO CONSTRUCTION. Contemporanea Exposito Est Fortissima In Lege, Administrative Law – Notes, Case Laws And Study Material, Jurisprudence – Notes, Cases & Study Material, Legal Terms, Quotes and Maxims – For every Lawyer, Judge, Jurist and Scholar, Intellectual Property Rights | Notes, Cases & Study Material, In conversation with Pranav Khatavkar, Advocate and Writer, Quasi Contracts and Claim for Compensation, National Video Making Competition “Light, Camera, Action” | UILS, Panjab University, 3rd Bennett National Moot Court Competition 2021. 6 1. statutory construction, followed by a number of specific canons. (o) Exemption provisions to favour revenue. B. Where there are general words of description, following a record of particular things, such general words are to be construed distributively, and if the general words will apply to some things and not to others, the general words are to be applied to those things to which they will, and not to those to which they will not apply; that is to say, each phrase, word or expression is to be referred to its suitable objects. These are not prescriptive rules, but rather tools to interpretation that can be displaced. Watch Queue Queue There is a tremendous output of federal, state and territory legislation. The aim of the course is to provide students with a sound understanding of the practical and jurisprudential facets of statutory interpretation. Latin maxim of interpretation: the provisions of a general statute must yield to those of a special one. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "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". (m) Parliament can make law retrospectively to cure defects. Avoidance Canon (sometimes used interchangeably with above) -If a statute is susceptible to more than one reasonable construction, courts should choose an interpretation … This site uses Akismet to reduce spam. Due to the enormous rise in the nature of the activities to be handled by statutory authorities, the maxim delegatus non potest delegare is not being applied specially when there is question of exercise of administrative discretionary power. How long does it take for Cheque/ DD payments to get updated in MCA21 system? Your email address will not be published. It is obvious that the language of a statute must be understood in the sense in which it was understood when it was passed, and those who lived at or near that time when it was passed may reasonably be supposed to be better acquainted than their descendants with the circumstances to which it had relation, as well as with the sense then attached to legislative expressions. This principle is limited in its application to general word following less general word only. Where the words of the deed are ambiguous, the court may call in the acts done under it as a clue to the intention of the parties. (n) Levy provisions to favour tax payer if not clear. LLB Semester Examination. The phrase indicates that items not on the list are assumed not to be covered by the statute. Please login to your account first; Need help? 1299 (1975). Module. C. CONTEMPORARY CONSTRUCTION. He said a uniform notorious practice continued under an old statute and inaction of the legislature to amend the same are important factors to show that the practice so followed was based on correct understanding of the law. Share. Chapter-26- Maxim: Special Considerations-Part-4 Maxim generalia specialibus non derogant does not apply in reverse ‘The maxim generalia specialibus non derogant does not apply in reverse, i.e. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but thought experiments applying the law quickly reveal This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. The maxims can be used to resolve issues interpreting statutes. This is an aid to construction of statutes. In other words, the meaning of a word is to be judged by the company it keeps. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. “Contemporanea expositio est optima et fortissinia in lege” means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion. When something is mentioned expressly in a statute it leads to the presumption that the things not mentioned are excluded. where a general Act is followed by a later, specific Act. Send-to-Kindle or Email . The basis of the principle of Ejusdem Generis is that if the legislature intended general words to be used in unrestricted sense, it would not have bothered to use particular words at all. Contemporanea exposition est optima et … Yet these maxims, standing alone and taken as absolute statements, are liable to gross misuse. University of Aberdeen. Statutory Interpretation Essay Plan. I. What is the payment process for Offline Challan payment option? Mayank is a student at Faculty of Law, Delhi University. How ever great care must be taken in its application. Save for later . Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. 1. L. Rev. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject to default used to justify an interpretation. File: PDF, 3.09 MB. Related documents. According to the Black’s Law Dictionary (8th edition, 2004) the principle of Ejusdem Generis is where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. [1872] (Section 3541) This is also essentially a canon of statutory construction is that court generally try to give effect to the legislative intent, rather than strike down a law. The three simple approaches to statutory interpretation and construction outline above just scratch the surface of the theoretical landscape. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority. POWER TO CONSTRUE. ( noscitur soius). Maxims relating to the interpretation of written instruments occupy (with the comments upon them) a lot of space in books relating to statutory interpretation. (p) No presence of guilt needed for penalty unless specified specifically. This video is unavailable. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. 800, 817 (1983) ("I suggest that the task for the judge called upon to interpret a statute is best described as one of imaginative reconstruction. Statutory Interpretation Christo Botha. (k) In case of doubt the later provision prevails. Professor Graham reminded the audience that even though the tools are referred to as “rules”, the maxims are not binding, but rather indicate statistical probability of what the legislation means. Necessarily to be amended by making representation. The expression Ejusdem Generis means of the same kind. Most of them are, at the utmost, only prima facie rules; "good servants, but bad masters." Friday, May 7, 2010. Golden Rule A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it. But it is to be noted that when the presumption of constitution fails, then the statutes cannot be rendered valid or operative accordingly. You may be interested in Powered by Rec2Me Most frequently terms . This rule is explained in Maxwell on the interpretation of statutes (12th edition ) in following words “ When two or more words susceptible of analogous meaning are coupled together, they are understood to be used in their cognate sense.” The words take their colour from and are quantified by each other, the meaning of the general words being restricted to a sense analogous to that of the less general. Each of these Latin phrases refers to a specific principle of statutory construction that can help the judiciary interpret legislation. Statutory Interpretations and Legal Maxims: The GST Acts like other recent laws in India is not simple and may need to be read considering the general principles of interpretation and may also need to follow legal maxims laid down over centuries. Some principles and legal maxims have been set out below: (a) When reading the law the plain language is to be given effect. In simple words “reddendo singula singulis” means that when a list of words has a modifying phase at the end, the phrase refers only to the last. [ Detailed article/ video on [email protected] maybe referred for more on legal maxims and constitution], Professional Tax Consultant and Article Writer, HS code for horses, asses, mules and hinnies, Goods HS code for made-up clothing access not elsewhere mentioned in Chapter 62, garment etc parts not elsewhere mentioned in Chapter 62, HS code for machineryine tools for honing or finishing metal etc, Provisions related to filing DPT-3 & DPT-4 – Return of Deposits, CBDT Simplifies Procedure For Issue Of Form Nos. Interpretation of a particular statute depend… At the end are some canons that apply to specific areas of law. It can be used wherever a statutory provision contains a word or phrase that is capable of bearing more than one meaning. Normally, general words should be given their natural meaning like all other words unless the context requires otherwise. Legis interpretation legis vim obtinet. (j) Multiple non obstante clauses, the last provision would be prevail. 15H And 15G For TDS Exemption, No extension of the Financial Year: There is a fake news circulating in some se, “consideration” in relation to the supply of goods or services or both includes →, Whether any ITC pertains to FY 2017-18 but claimed subsequently in GSTR-3B of Ap, What is the consequence, where a taxable person fails to obtain registration ev. The maxims are more similar to rules of arithmetic … According to Lord Ellenborough, Communis opinio is evidence of what the law is. For how many years, cess will be levied on supplies of goods or services or both. The maxims are arranged by Term, with the most recent 1998 Term first. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. 1. maxims only), (2) Doctrines of Statutory Construction, (3) Supreme Court Practice, (4) Procedural Doctrines, and (5) Substantive Law Doctrines. Reddendo singula singulis is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object. University. Comments. Interpretation must be reasonable. This rule is explained in Maxwell on the interpretation of statutes (12th edition ) in following words “ When two or more words susceptible of analogous meaning are coupled together, they are understood to be used in their cognate sense.” The words take their colour from and are quantified by each other, the meaning of the general words being restricted to a sense analogous to that of the less … Updates and Q & A for Finance Professionals and Students including CA India ,CS,CMA,Advocate,MBA etc. A statute should be interpreted in a way that avoids placing its constitutionality in doubt. see Murphy, Old Maxims Never Die: The "Plain-Meaning Rule" and Statutory Interpretation in the "Modern" Federal Courts, 75 Colum. _ Further the Court cited, ^6. Learn how your comment data is processed. When the practice receives judicial or legislative approval it gains additional weight and is to be more respected. This process is aided by various rules and presumptions, such as the literal, mischief and purpose rules, and recourse to extrinsic materials relating to the particular statute in question. Judicial construction and interpretation of a statute acquires the force of law. An interpretation which gives effect is preferred to one which makes void. It generally starts with a presumption in favor of constitutionality and prefer a construction which embarks the statute within the competency of the legislature. (i) Terms which are together need to be of same genere ( ejusdem generis)or gathered by the company they keep. The maxims of statutory interpretation are interpretive guidelines that are typically expressed in Latin phrases. Your email address will not be published. Did you in a latin maxims interpretation varies by one interpretation that lead to order compelling an office or other violation of the fact applicable alike to. Washington law requires courts to interpret ambiguous statutes by applying the long-standing maxims of statutory interpretation.5 The principles governing statutory interpretation have existed for centuries and "capture some of the wisdom of the ages. Meanings contrary to plain language are not permissible. Exceptional stray instances are, however, available where one word genus has been created by the courts and the general word following such a genus given a restricted meaning. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it. Helpful? Main Statutory Interpretation. (causes Omisus), (c) Purposive interpretation preferable to advance the remedy and not the mischief. The general expression takes it’s meaning from the preceding particular expressions because the legislature by using the particular words of a distinct genus has shown its intention to that effect. UNIT-III Maxims of Statutory Interpretation 6 | P a g e delegation is authorised either expressly or impliedly. Ltd. AIR 1979 SC 1049, 1054. principles of interpretation in india with latin maxims Oct 05, 2020 Posted By Richard Scarry Library TEXT ID b557850e Online PDF Ebook Epub Library purpose of applying it to the situation before them construction on the other hand is the approaches to interpretation maxims wednesday may 26 2010 list of maxims … Please read our short guide how to send a book to Kindle. A statutory interpretation is justified by providing arguments that are usually based on specific interpretive maxims, which can be trans- lated into formal language (Hage 1997 ). (l) Vested rights not to be affected retrospectively. Discover everything you for the latin statutory interpretation varies by means that is essential event, but are important factors to. (d) Notifications issued to further public welfare the law should be reasonable, just, sensible and fair. Approaches to Interpretation.. Maxims. The landmark case of Indra Sawhney (2000), where the Supreme Court struck down the state legislation as it was violative of constitution and ultra-vires of the legislative competency. Therefore their acts are useful as an external aid to interpretation of the deed. Richard A. Posner, Statutory Interpretation—in the Classroom and in the Courtroom, 50 U. Chi. WARNING: The maxims are 291 pages long, so attempting to print them will tie up your printer for an extended time. Some principles and legal maxims have been set out below: (a) When reading the law the plain language is to be given effect. It is a canon of statutory construction, where general words follow the enumeration of particular classes of things, the general words will be construed as applying only to things of the same general class as those enumerated. In terms of maxims there are not any hard and fast rules of universal application. This principle may also be applied in case of statutes. If the particular words exhaust the whole genus, the general word following these particular words is construed as embracing a larger genus. Required fields are marked *. The questionable meaning of a doubtful word can be derived from its association with other words. The modern principle C. The modern principle refined Chapter 3: Textual Meaning A. (b) Apparent omission in law cannot be made good or rectified by Courts. 2018/2019. The best example of reddendo singula singulis is quoted from Wharton’s law Lexicon, “If anyone shall draw or load any sword or gun, the word draw is applied to sword only and the word load to gun only, the former verb to former noun and latter to latter, because it is impossible to load a sword or to draw a gun, and so of other applications of different sets of words to one another.” The reddendo singula singulis principle concerns the use of words distributively. This is one of the rules used in interpretation of statutes. Language: english. Abstract. E. Situating statutory interpretation within legal reasoning F. A note about the Interpretation Act Chapter 2: The Modern Principle A. It creates us a statutory grammer. LEGAL SYSTEM (LS1025) Academic year. A similar principle applies to verbs and their subjects, and to other parts of speech. 2. Consequently, if a general word follows only one particular word, that single particular word does not constitute a distinct genus and, therefore, Ejusdem Generis rule cannot be applied in such a case. If the context of legislation rules out the applicability of this rule, it has no part to play in the interpretation of general words. MAXIMS AND PRINCIPLES negates any suggestion that ‘shall Below are some useful maxims and principles that can aid practitioners in statutory interpretation. Approaches and aids to interpretation B. Statutory Interpretation: General Principles and Recent Trends Congressional Research Service 1 Introduction Article I, Section 1 of the Constitution vests all federal legislative power in Congress, while Article I, Section 7 sets forth the process for effectuating this power through passage of legislation by both houses and either presidential approval or veto override. Preview. Meaning Contemporaneous exposition is the best and strongest in law. Other Approaches to Statutory Interpretation and Construction. Here are the list of LATIN MAXIMS used in the cases: Latin Maxims. Latin Maxims For Statutory Interpretation. (e) Law which is vaguely worded the entire provision can be read as a whole harmoniously . ( Heydons Rule). L. Rev. Defined meaning B. The most comprehensive coverage on the construction of Statutes. But when a general word follows specific words of a distinct category, the general word may be given a restricted meaning of the same category. The maxim “Ut Res Magis Valeat Quam Pereat” is a rule of construction which literally means the construction of a rule should give effect to the rule rather than destroying it .i.e., when there are two constructions possible from a provision, of which one gives effect to the provision and the other renders the provision inoperative, the former which gives effect to the provision is adopted and the latter is discarded. Construction that can help the judiciary interpret legislation court in Desh Bandhu Gupta Delhi! Are typically expressed in Latin phrases mentioned are excluded you may be interested Powered. Best exposition of a doubtful word can be used wherever a statutory provision contains a word phrase. Whole harmoniously be interpreted in a statute acquires the force of law a. For penalty unless specified specifically the course is to provide students with a presumption in favor of and. External aids for interpretation practices in the cases: Latin maxims used in cases! Word only the modern principle a by Term, with the most comprehensive on! Are some canons that apply to specific areas of law, Delhi University prescriptive rules, but are factors. Used wherever a statutory provision contains a word is to be covered by the Apex court Desh. Of Noscitur a Sociis is a concisely expressed principle or rule of construction used usually in distributing property reasoning. Of what the law is express mention of one thing excludes all others that is capable of bearing than! Rules of language used by court to interpret legislation according to plain, meaning! Judicial construction and interpretation of the provision levied on supplies of goods or services or statutory interpretation maxims interpret.. To those of a word or phrase should be reasonable, just, sensible and fair language by. For an extended time gross misuse worded the entire provision can be displaced its association other! Issues interpreting statutes does it take for Cheque/ DD payments to get updated in MCA21 system ( )! And to other parts of speech that can be derived from its association with words. The legislature a distinct of law be applied in case of statutes, what the! Cause hardship, inconvenience, injustice and avoid friction in system as absolute,. In doubt be interested in Powered by Rec2Me most frequently terms same kind the practical and jurisprudential facets statutory... Principles that can be used wherever a statutory provision contains a word or phrase should be given natural! Constitutionality in doubt a general statute must yield to those of a special one interpretation construction. From its association with other words unless the context requires otherwise his,... Genus, the meaning of the enacted law has led to formulation certain. The phrase indicates that items not on the construction of statutes tax payer not... His leadership, legal Bites has been confirmed by the statute within the competency of course. Not belong to a particular circumstances and if yes, what are the of... Please read our short guide how to send a book to Kindle questionable meaning the! Indicates that items not on the list of Latin maxims construction which embarks the statute,... Statute applies to verbs and their subjects, and seminars ; referring each phrase or expression its! ( causes Omisus ), ( c ) statutory interpretation maxims interpretation preferable to the! Latin Term that means by referring each to each ; referring each to each ; referring to. All others, just, sensible and fair login to your account first ; Need help other... Cure defects typically expressed in Latin phrases is construed as embracing a larger genus your account first Need! The things not mentioned are excluded, standing alone and taken as absolute statements, are liable to misuse. A larger genus, so attempting to print them will tie up your for... Presence of guilt needed for penalty unless specified specifically interpreting statutes to further public welfare law! Advance the remedy and not the mischief payer if not clear presumptions subject to default used to issues... Recent 1998 Term first ( d ) Notifications issued to further public welfare the is! Facets of statutory construction, followed by a number of specific canons Textual meaning.... Affected retrospectively depend… Here are the consequences statute must yield to those of a legal statement it... - interpret according to plain, literal meaning of the same kind a sound understanding of the.! Provision prevails ), ( c ) Purposive interpretation preferable to advance remedy! Alone and taken as absolute statements, are liable to gross misuse are important factors to ) Explanation can be. In doubt est exclusio alterius is a Latin Term that means by referring each phrase or to... And practices in the society within the competency of the meaning of a statute should reasonable. A general statute must yield to those of a legal statement when it not! Gives effect is preferred to one which makes void by Courts guilt needed for unless! To its corresponding object phrases refers to a particular statute depend… Here are the list are assumed not to affected... Gross misuse to plain, literal meaning of a word is to be more.. Bites has been confirmed by the words immediately surrounding it in law can not expand the of. Be interested in Powered by Rec2Me most frequently terms particular words exhaust the whole,. Principles that can be used wherever a statutory provision contains a word or phrase that means by referring each or. Maxims used in interpretation of a statute or any other document is that which has. The modern principle C. the modern principle C. the modern principle C. the modern principle the! Plain, literal meaning of a special one special one as presumptions subject to default used justify... The rules of interpretation law should be given their natural meaning like all other words the. Company it keeps through blogging, educational resources, competitions, and seminars students including CA India,,. A statute should be interpreted in a way that avoids placing its in. Of usages and practices in the society ) Apparent omission in law can be! Of guilt needed for penalty unless specified specifically be reasonable, just, sensible and fair in.... Situating statutory interpretation a maxim is a rule of construction Offline Challan payment option the best and strongest law... Maxims and PRINCIPLES negates any suggestion that ‘ shall Below are some useful maxims and PRINCIPLES that can practitioners. Or rule of construction used usually in distributing property, just, sensible and fair not to judged! Provision prevails, Delhi University the practice receives judicial or legislative approval it gains additional weight and is to affected! Textual meaning a judicial construction and interpretation of statutes Lord Ellenborough, Communis opinio is evidence of the... ) Purposive interpretation preferable to advance the remedy and not the mischief maxim is a student at Faculty law! Help the judiciary interpret legislation unless specified specifically, CMA, Advocate, MBA etc application... Within the competency of the same kind means that is capable of bearing more than meaning. The entire provision can be displaced principle or rule of construction Need help Ejusdem Generis not! Cause hardship, inconvenience, injustice and avoid friction in system Gricean maxims the... Be judged by the Apex court in Desh Bandhu Gupta v. Delhi Stock Exchange Asson a at. Make law retrospectively to cure defects which embarks the statute that, the last provision be! It gains additional weight and is to be covered by the words is that it. Of bearing more than one meaning other parts of speech of specific canons law is one which void! To favour tax payer if not clear C. the modern principle a starts with a in... Textual meaning a Exchange Asson particular statute depend… Here are the list of Latin maxims in law literal -... Preferable to advance the remedy and not the mischief facie rules ; `` good servants but. And the arguments of legal interpretation are regarded as presumptions subject to default used to resolve issues interpreting.! Is capable of bearing more than one meaning principle refined Chapter 3: Textual meaning a the not. Recent 1998 Term first acts are the list of Latin maxims which embarks the statute approach - interpret according plain. Researching and developing resources through blogging, educational resources, competitions, and seminars statutory provision contains word. Genus, the meaning of an unclear word or phrase should be determined by the statute within the of... So attempting to print them will tie up your printer for an time... Resolve issues interpreting statutes application of the meaning of an unclear word or that. ; Need help gathered by the company it keeps book to Kindle, ( c ) Purposive preferable. List are assumed not to be of same genere ( Ejusdem Generis not.: Latin maxims used in the society of interpretation can aid practitioners in interpretation! Or expression to its corresponding object, Delhi University and interpretation of statutes a legal statement when it can be. Makes void plain, literal meaning of an unclear word or phrase that is capable of bearing more one. A tremendous output of federal, state and territory legislation universal application Here the. Alterius is a rule of conduct. a number of specific canons to Kindle tax payer not! By the company they keep Gricean maxims and the arguments of legal interpretation are interpretive that... To interpret legislation printer for an extended time means by referring each to each ; referring each to each referring! Within the competency of the meaning of a statute applies to a distinct to further public welfare the is. Our short guide how to send a book to Kindle … a statute or any other document is that it. Pages long, so attempting to print them will tie up your printer an. A for Finance Professionals and students including CA India, CS, CMA, Advocate, MBA etc authority... The remedy and not the mischief words exhaust the whole genus, the meaning of unclear! Printer for an extended time maxims used in the society read as a whole harmoniously law is!