Legalfundaa

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

Sometimes meaning of the words or clauses or provisions are not clear from the act itself. It becomes imperative to refer something beyond the act to decipher the meaning of those words or clauses or provisions. In such cases external aids comes handy. Some (Many) external aids are discussed below which are used for interpreting the statutes. Parliamentary History Parliamentary or legislative includes many thing. They help in deciphering the meaning of statutes It was used in landmark case of Indra Sawhney Vs Union Of India also known as Mandal case. Again, reports of commissions were used to discuss the constitutionality of ban on animal sluaghter Historical Facts and circumstance Historical facts and prevailing circumstances plays a crucial role in interpretation. Let's take the example of recent events. Mob lynching increased in recent years. People are getting killed in the name of religion. And such mob is encouraged by people in power. To curb this, la...

We will cover below fundamental rules of interpretation of statutes Intention of Legislature Statutes Must be read as a whole in it's context Statutes must be construed to make it effective and workable: However plain the meaning be Intention of Legislature Legislatures have supreme authority in Law making. Courts while interpreting the law must strive to find out the real intention of Legislature. Few things about intention of legislature But applying this rule in practice is quite difficult. You know article 19 guarantees freedom, however freedom can be curtailed on the grounds of national security, morality etc. How far state can go in repressing fundamental rights ? What constitution maker intended regarding this provision? It's easy rule but difficult actually. Here are some words about this rule by jurists/judges: Statutes must be read as whole in it's context-"Ex Visceribus Actus" Two important things. Provisions/words/cla...

In this phorticle(Article with photos) we will have a look at below things Haydon's case Mischief Rule Some interesting cases about Mischief Rule Advantages and Disadvantages of mischief rule Conclusion   What really was the Haydon's case ?  The case dates back to 16th century. Back then religious institutions used to have lot of power, land and wealth. This Haydon's case happened in Otterly, town in England. Below is the church from this town. One of such religious institution had lots and lots of land. Out of different parcels of land, one was given to Wary and His sons on copyhold. Copyhold is like today's lease agreement kind of document. This document created life interest of Wary and Son over the land. Other parcel was given to Haydon on rent of 8 years. Whatever the customary rent was for land it was charged from Haydon. Back in those days there was constant struggle of power between Church and the Crown. Church used to have...

What does literal rule mean It can be summarized with below picture. Courts should not modify/substitute words in statute. Whatever is written it, if it's plain and unambiguous, meaning should be given no matter whether it is unjust, arbitrary or inconsistent. Few points about literal rule How we should deal with words and phrases in literal rule of interpretation ? Words should be construed using natural, ordinary meaning and phrases should be construed using grammatical meaning Different jurist had lot of things about literal rules. Lord Atkins said below: This rule has been invoked in many Indian cases. Below are some cases Things to keep in mind while applying the rule. Below are things according to Dias to be kept in mind while applying literal rule This rule however have two major exception. Meaning in below cases this rule can be over looked. This is bit about literal rule of interpretation.  Let's look at merits and demeri...