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    Interpretation of Statute - Basic Principles of Statutory Interpretation of Law

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    BADDAM PARICHAYA REDDY
    This document discusses the basic principles of statutory interpretation of law. It states that the fundamental rules of interpretation are to discover the true intention of the legislature, also known as the spirit of the law. When interpreting statutes, courts must adopt the interpretation that reflects the true intention of the legislature. The document also discusses principles like interpreting statutes in their context and harmonious construction when two statutes deal with the same subject matter.

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    Interpretation of Statute - Basic Principles of Statutory Interpretation of Law

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    BADDAM PARICHAYA REDDY
    104 views15 pages
    This document discusses the basic principles of statutory interpretation of law. It states that the fundamental rules of interpretation are to discover the true intention of the legislature, also known as the spirit of the law. When interpreting statutes, courts must adopt the interpretation that reflects the true intention of the legislature. The document also discusses principles like interpreting statutes in their context and harmonious construction when two statutes deal with the same subject matter.

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    This document discusses the basic principles of statutory interpretation of law. It states that the fundamental rules of interpretation are to discover the true intention of the legislature, also known as the spirit of the law. When interpreting statutes, courts must adopt the interpretation that reflects the true intention of the legislature. The document also discusses principles like interpreting statutes in their context and harmonious construction when two statutes deal with the same subject matter.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    104 views15 pages

    Interpretation of Statute - Basic Principles of Statutory Interpretation of Law

    Uploaded by

    BADDAM PARICHAYA REDDY
    This document discusses the basic principles of statutory interpretation of law. It states that the fundamental rules of interpretation are to discover the true intention of the legislature, also known as the spirit of the law. When interpreting statutes, courts must adopt the interpretation that reflects the true intention of the legislature. The document also discusses principles like interpreting statutes in their context and harmonious construction when two statutes deal with the same subject matter.

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    INTERPRETATION OF STATUTE -

    BASIC PRINCIPLES OF STATUTORY INTERPRETATION OF LAW.

    BY- PARICHAYA REDDY


    BBA,LL.B
    THE FUNDAMENTAL RULES OF INTERPRETATION OF STATUTES ARE :-
    • WHAT IS
    LEGISLATURE?
    “WHAT IS INTENTION OF
    LEGISLATURE”
    -“SENTENTIA LEGIS” I.E., TRUE INTENTION OF
    LEGISLATURE.

    According to Salmond the duty of the judicature is to discover and to act upon
    the true intention of the legislature under the Maxim, ‘sententia legis’ or mens.

    AS ESSENCE OF THE LAW LIES IN THE SPIRIT, NOT IN ITS LETTER, BUT LETTER
    ARE THE ONLY WAY IN WHICH INTENTIONS ARE EXPRESSED. THE
    WORDS ARE EXTERNAL MANIFESTATION OF INTENTION THAT IT INVOLVES.
    WHEN THERE IS POSSIBILITY OF ONE OR MORE INTERPRETATION OF
    STATUTE, COURTS HAS TO ADOPT THAT INTERPRETATION WHICH REFLECTS
    THE ‘TRUE INTENTION OF LEGISLATURE’ WHICH CAN ALSO BE CONSIDERED
    LEGAL MEANING STATUTORY PROVISIONS.
    PARI MATERIAE. WHE • ACCORDING TO J, A MECHANICAL INTERPRETATION OF THE
    N TWO PROVISIONS WORDS AND APPLICATION OF LEGISLATURE INTENT DEVOID OF
    CONCEPT WILL MAKE MOST OF THE REMEDIAL AND BENEFICENT
    OF TWO DIFFERENT
    LEGISLATION FUTILE (INEFFECTIVE). JUDICIARY WOULD MOLD OR
    STATUTES DEAL WITH CREATIVELY INTERPRET LEGISLATION AS THEY ARE FINISHERS,
    THE SAME SUBJECT REFINERS AND POLISHERS OF LEGISLATION.
    MATTER AND FORM
    PART OF THE SAME
    SUBJECT MATTER. IT IS
    AN EXTERNAL AID
    TO INTERPRETATION).
    THEN WHAT IS THE SUPPOSED INTENTION OF
    THE LEGISLATURE?

    AND WHAT ARE THE SUPREME COURT


    SETTLED PRINCIPLES OF INTERPRETATION?
    WHAT JURISTS SAY ABOUT THIS RULE ?

    • A STATUTE IS TO BECOME CONSTRUED • THE FIRST AND PRIMARY RULE OF


    ACCORDING TO THE INTENT OF THOSE CONSTRUCTION IS THAT THE INTENTION OF
    WHO MAKE IT AND THE DUTY OF THE THE LEGISLATURE MUST BE FOUND IN
    JUDICIARY IS TO ACT UPON THE TRUE THE WORDS USED BY THE LEGISLATURE ITSELF.
    INTENTION OF THE LEGISLATURE- HON’BLE JUSTICE GAJENDRAKAR IN KANNAIL
    I.E., THE MENS OR SENTENTIA LEGIS IN AL SUR VS PARMNIDHI SADHUKHAN, 1957
    RMD CHAMBARBAUGWALA VS UOI
    EX VESCRIBUS ACTUS
    TWO IMPORTANT
    THINGS. PROVISIONS/WORDS
    /CLAUSES SHOULD NOT BE
    READ IN ISOLATION. AND
    THEY MUST BE READ
    IN ITS CONTEXT.
    FEW THINGS ABOUT THIS RULE:
    REMARKS
    IN ONE OF
    THE CASE
    CASE LAWS
    • TAN BUG TAIM VS COLLECTOR OF
    BOMBAY ON 9 AUGUST, 1945

    •
    K.P. MOHAMMED SALIM VS
    COMMISSIONER OF INCOME-TAX

    SARABJIT SINGH VS UNION OF INDIA


    AND ORS.
    • PADMA SUNDER RAO VS STATE OF
    TAMILNADU

    BADSHAH VS. URMILA BADSHAH GODSE


    AND ANOTHER, [(2014) 1 SCC 188]
    THANK YOU!
    HAVE A GREAT DAY.

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