Interpretation of Statutes - contemporanea exposito est fortissima in lege

Doctrine of Contemporanea exposito helps in  interpretation of statute as external aids.

What is this doctrine. Let us understand by example in below image:

This can be explained further as

This can be explained more further:

One more example to clear things out

And why this is so important ?


What great jurist have said about this doctrine ?

That's in short the doctrine of contemporanea exposito. Long word for this doctrine is  contemporanea exposito est fortissima in lege.

Legalfundaa

Comments

Post a Comment

Followers

Popular posts from this blog

Legal History-Madras Settlement (1639-1726)

British established it's first factory in Surat. As they expanded they established factories in other town such as Madras, Calcutta and Bombay. Francis Day got piece of land from Hindu king for the East India Company in 1639. East India Company got a town named as "Madraspatanam". (Don't tell this to UP CM Yogi, or else he will rename Madras). British Established fortified factory were Englishmen would stay. Till 1665, Madras was subordinate to Surat. Now town was divided into two divisions. In fortified area, Englishmen and European used to stay which was known as "White Town", whereas villagers stayed outside were known as "Black Town" Study of development of legal administration is divided into three stages. We can divide in as many stages as we want, provided we have certain distinguishing criteria for each division. Let's see each stage with some more details. First Stage-1639-1665 (Black town, white town, choultry court) Th...
Read more

Privileges and Immunities to Administration in Suits

Introduction You know government can enter into contracts. Government can start some business. It mean government can sue other people, or you can sue the government. Before you initiate a legal proceedings against government, or even after legal proceedings are initiated, there are some relaxations to government.( OK, we will use Government/Administration as per our discretion interchangeably in this post, but they will mean the same ). So, it might happen that to prove something you may need a document or evidence, but government may be given exemption to produce evidence in that regard. Let's take one example.  General law is that burden of proof is on prosecution. Meaning, the one who accuses other  needs to prove the crime/offence by other. But when government accuses you of Sedition, you have to prove your innocence, burden of proof is on YOU. This is scary, as many times government in power just accuses people of sedition who opposes their ideas/policies, and put oppone...
Read more

Interpretation of statutes - internal aids

Image
Internal Aids What is internal aids? It's some reference in the act itself which helps to decipher the meaning of the legislature or law makers.We have around 700 MPs, 4000 MLA's which keeps on making on law. What exactly they want to signify ?  For example, if the current government make law that will allow Hindu migrant to be citizens and deny citizens to Muslim migrants will such law be valid ? Can Supreme Court refer to preamble wherein it is mention that we are secular and invalidate such law? Some techniques of interpretation helps out in such situation. Internal aids is one of such technique. It includes many tools like title, heading, preamble, illustration, explanation etc. There is not straight rule either about these techniques. But on various occasion court tried to make things clear. We are going to see various court pronouncement the help of different aids for interpretation of statute. 1) Preamble This is on first page and it's very im...
Read more