sem vi interpretation
TRANSCRIPT
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INTERPRETATION OF STATUTES
Qu:1; Define the statutory interpretation
Ans; When the court find difficult to apply the statute or Act because of
certain ambiguity, then courts interpret the statute and apply the law in the
case while making judgement, it called statutory interpretation.
There are different part of Statute i.e. (i) Short Title, (ii) Long Title, (iii)
Preamble, (iv) Marginal Notes,(v) Heading of a group of sections, (vi)
definition of interpretation clause, (vii) Proviso, (viii) illustration, (ix)
exception & saving clauses, (x) explanation schedules and (xi) punctu ation.
There are mainly three rules: Literal Rule, Golden Rule or Modification Rule
and Michief Rule /Heydons Rule / Purposive Rule.
Literal Rule: If in the statute there is no ambiguity, and meaning is clear, thenthe ordinary and natural meaning should be given, to statute. Means to take the
words as the legislature have given in statute, and to take the meaning as given
naturally, unless where the construction of these words is either by the
preambles or by the context of the words in question controlled or altered.
The Golden Rule: This rule has been defined that before making any
interpretation the court must read the statutory language, grammatically and
terminologically, in the ordinary and primary sense, directly in its context,
without omission or addition of any word from statute, thereafter makejudgement discarding injustice, absurdity and contradiction.
CASE LAW: Bangalore Water Supply V/s A. Rajjappa
In this case the Bench of Supreme Court did not arrived at one conclusive
decision on the meaning of Industry and the meaning of industry construed
by judges are parallel to each other, therefore the matter was referred to
Constitutional Larger bench of Supreme Court.
Is the modification of literal Rule, the purpose and meaning of the Golden Rule
has been given by Justice Parke B in case of Black V Smith
Mischief Rule / Heyden Rules / Purposive Rule; When the language of statute
capable of two or more construction, in such case it becomes important to
consider the remedial and correct construction, which is in the interest of
public welfare and against the public evil and avoid the mischief.
Qu:2; Explain mensor sententia legis
Means Main Sentiments of legislature
Ans : The statute is an land mark legal work of legislature, the conventional
way of interpreting or construing a statute should not touch the humble true
intentions of the legislature, therefore the statute should be c onstrued
according to intention of legislature. If the statute have provision of
interpretation more than one in such case the court shall interpret the statue in
such way that it express the true intention of legislature. The elementary
principle of interpretation of statute to gather mens or sententia legis means
to gather the main sentiments of legislature b ehind the statute.
CASE LAW: Bhatiya Iernational V/s Bulk Trading S. A & Anr [AIR 2002SC 1432]
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CASE LAW: British India General Insurance V Captain Libar Singh, AIR
1959 SC 1331 pp 1334
The Supreme Court held that in holding the section 96(2) of the Moter Vehicle
Act 1939, is exhaustive of defence open to an insurer to add word also after
the word on any of the following grounds and observed This the rules of
interpretation do not permit us to do unless the section as it stand ismeaningless or of doubtful meaning
Qu;4; Explain Principle of Casus omissus:
Ans: In application of same rule the legislature had provided in one Statue but
omitted or forgotten to provide in another statue, and the court can not provide
what the legislature forgotten / omitted in statute. Of course the court can find
out harmonious solutions.
CASE LAW: Hiradevi & Ors (Kailash nath Kapoor-Died) V District BoardShahjahanpur AIR 1952 SC362; In this case In this case there are two ways
provision of dismissing the services of secretary of education society. [casus
omissus]
The section 71 of the U. P. Board Act 1922, as amended in 1933, provided that
a resolution the Board for dismissal of the secretary shall not take effect until
the period of one month has expired OR until the State Government has passed
orders on any appeal preferred by him/secretary.
A Dist Board passed a resolution for dismissal of its secretary and also for his
suspension till the matter of his dismissal was decided under Section 71 of the
Act on appeal if any preferred by the secretary.
But Court held that under section 90 of the Act the secretary could be
suspended only as a punishment or pending of the orders of any authority
where sanction is nec first way Section 71 of the UP District Board Act 1922
necessary for his dismissal.
The pending the orders of any authority where sanction is necessary for hisdismissal could not appropriately cover the case of suspension like the present
one and the resolution for suspension was therefore ultra vires
The U P Act 1 of 1933, Section 71 was amended and the amended section
provided that a resolution of dismissal was not to take effect till the expiry of
the period of appeal or till the decision of appeal if it was so presented. But the
consequent section 90 was not amended. [casus omissus]
CASE LAW: Nalinakhsya Basak V Shyamsunder AIR 1953 SC 148; Thesection 18(1) of the West Bengal Premises Rent Control (Temporary Provision)
Act, 1950, which gave power to court to rescind or vary any decree for
recovery of possession was held not to cover a power to rescind or vary an
order for possession passed under section 43 of the Presidency Small Cause
Court Act 1882 The Craford V Spooner, is said that whatever given bylegislatures, the court shall not add in it or remove some words, the act is
dangerous to judiciary.[casus omissus]
Qu: 5 ; Discuss the Literal Rule on interpretation with suitable cases. In
what way is the Golden Rule of interpretation a departure from the Literalrule?
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Ans: The meaning of literally means exact or similarly. In Literal Rule it is
essential to understand the meaning of words in statute, through their natural,
ordinary or popular sense. The phrases and sentences are construed according
to their grammatical meaning; up to certain extend, not beyond some absurdity
or contrary. To take the word as legislature given in Statute, and take the
meaning which the word given naturally. If the word h as given natural meaning
one should not depart from natural and original meaning, unless it leading toabsurdity. The Golden rule is that the word of a statute must prima facie be
given their meaning. The natural and ordinary meaning should not be departed
unless the meaning requires in legal context different meaning. Such meaning
can not be departed by Judges, the drafting of statute is so important to a
people who hope to live under rule of law. Therefore the court must see that
whenever possible to apply golden rule of construction. Means to read the
statute grammatically and terminologically, in the ordinary and primary sense,
which is in context, without omission or addition .
While construing departure of court from the rule of literal construction, goingbeyond outside the recognized limits, in the name or guise of liberal or strict
construction leads to unwarranted expansion or restriction of the meaning of
words and gives rise to serious error. The Golden rule departed from literal
rule in when it construing the natural meaning and ordinary meaning of words,
unless there is requirement in legal context.
Case Law-1: Suthendran V/s Immigration Appeal Tribunal Supra; [golden
rule]
In the case the question arises related to section 14(1) of the Immigration Act,
1971, which provide that a person who has a limited leave under this Act toenter or remain in the United Kingdom may appeal to an adjudicator against
any variation of the leave or against any refusal to vary it. In this case theword a person who has limited leave were construed not to include a person
who has had such limited and it was held that the section applied only to aperson who at the time he lodged his appeal was lawfully in the UK that is in
whose case leave had not expired at the time of submitting of appeal.
Case Law-2: S A Vekantraman V/s State AIR 1958 SC 107 p 109; [goldenrule] This is Criminal Appeal before Supreme Court, the Appellants was public
servant and removed from service for guilty found in departmental inquiry,
under Prevention of Corruption Act, 1947, therefore a criminal case was filed
against him. Supreme Court held that sanction is not necessary for taking
cognizance of the offence referred to in the section, if the accused has ceased
to be a public servant on the date when the Court is called upon to take
cognizance of the offence. The Court rejected the construction that the words
who is employed and in not removable as they occur in clause (a) and (b) of
section (1). Means that who was employed-and was not removable an also theconstruction that the words competent to remove him from office in clause(c) mean would have been competent to remove him from his office Justice
Imam pointed out that In construing the provision of statute it is essential fora court to give effect to the natural meaning of the words used therein, if those
words are clear enough The appeal was dismissed.
Case Law-3: Workmen of National and Grindlays Bank Ltd V/s Nationaland Grindlays bank Ltd. AIR 1976 SC 611 p. 618. [golden rule] The
Supreme Court observed that In construing section 6(a) of the Payment of
Bonus Act, 1965, that the words depreciation admissible in accordance withthe provision of sub section (1) of section 32 of the Income Tax Act have to
be given their natural meaning and these words could not be read as
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depreciation allowed by the Income Tax Officer in making assessment onemployer. It was therefore held that it was for the Industrial Tr ibunal todetermine what was the depreciation admissible in accordance with section 32
of the Income Tax Act and the Tribunal could not just accept the amount
allowed by the Income tax Officer as depreciation under that section, It was
further held that the finding of the Inco me Tax Officer was not even admissible
before the Tribunal for purpose of the Bonus Act.
Case Law-4:Haji S K Subhan V/s Madhavrao AIR 1962 SC 1230 p 1236:[golden rule] In this case the Supreme Court observed that in construing M P
Abolition of proprietary Rights Act 1950 which in clause (g) of section 2
defines Home farm as meaning land recorded as Sir and Khudkast in thename of a proprietor in the annual papers for the year 1948-49, the Nagpur
High Court held that this definition should be cons trued liberally and that land,
though not recorded as Khudkast of the proprietor in the annual papers of
1948-49 but which ought to have been recorded as such, was within this
definition. This decision was overruled by the Supreme Court by interpretingthe said definition section in its natural and ordinary meaning and consequently
holding that the basis for treating a particular land as home-farm under the Act
was the record and not fact of actual cultivation It was pointed out that
There is no ambiguity about the definition of Home-farm and so the questionof strict or liberal construction does not arise.
Qu:6; Define Regard to subject and object;
Ans: The Supreme Court said in case Dimkachi tea worker v ItsManagement, AIR 1958 SC 353 p 356 [subject / object] said that The word
of a statute, when there is doubt about their meaning are to be understood in
the sense in which they best harmonize with the subject of the enactment and
the object which the legislature has i n view The Doctor who was appointed bymanagement as Asst. Medical Officer, was dismissed from service by paying
one month salary in lieu of one month notice, the industrial tribunal rejected
the plea of workmen that the doctor was worker and majority d ecision of
Supreme Court up held the judgement of Industrial tribunal. The word any
person is construed
The Supreme Court in case of U P Bhoodan Yagna Samiti v Braj Kishore,
AIR 1988, SC 2239, observed that Having regards to the object of the U PBhoodan Yagna Act 1953 to implement the Boodan movements, which aimed at
distribution of land to landless laboures who were versed in agriculture and
who had no other means of subsistence; it was held that the expression
Landless person in section 14, which made provision for grant of land to
landless person was limited to land less person laboures and did not include a
landless business residing in a city.
Qu;7; Discuss Presumption of Constitutionality;
and Discuss construction Ut Res Magis Valeat Quam Pereat
Ans ; Is an advance idea in jurisprudence and to fully understand if you should
refer to a legal dictionary, the basic idea of, better the things should function
than that it should perish is that if a piece of law seems unclear, one should try
to understand it in a way that makes sense of it. The underlying idea of all
legal system is that all laws make sense and are there for a purpose, if a law
seems incomprehensive or silly, one should try to understand it in some waythat.
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Means the things may rather have effect than to destroyed It is requires to
court that legislatures put every provision in Statute for a purpose and to
construed the Statute to give effect to each provision of the Statute. There is,
therefore, presumption of constitutionality that the legislatures does not
exceeds its jurisdiction, and the burden of establishing that the Act is not
within the competence of the Legislatures, or that it has transgresses (to cross
the limit) the limit laid down by the organic law of the Constitution it must beallowed to stand as the true expression of the national will .
Case Law: Khyerbari Tea Co V/s State of Assam AIR 1964 SC 925.
In this case the Petitioner said that they are transporting their tea from Assam
to Calcutta for final fishing and packing, it is 689 Miles from Golpaigudi via
by Railway to Dibrugad, and from Dibrugad to Ghat by Steamer and to
Calcutta, both booking station and destination are located in West Bengal. The
Contention of Petitioner is that in accordance with the Art 301 there is freedom
of trade and in accordance with Art 19(1)(G) the Act is infringement of rightsguaranteed under Art. The Supreme Court observed that If law is shown toinvade the freedom of trade under Art 301, a onus shift to the State to satisfy
that the restrictions imposed are reasonable and in the public interest within
the meaning of Art 304(b) The appeal was dismissed by Supreme Court.
Case Law: Gita Hariharan V/s RBI, AIR 1999 SC 1149 p.1152
The Supreme Court observed that In section 6(a) of the Hindu Minority and
Guardianship Act, 1956, which provides that the natural guardian of a minorsperson or property will be the father and after him, the mother . The word
after him were construed not to mean only after the life time of the father
but to mean in the absence of father . As the father and after him, mother
this construction would have made the section unconstitutional for violating
constitutional provision against sex discrimination;
Qu:8; Explain Hardship, incontinence, injustice, absurdity, and anomaly to
be avoided
Ans: The court shall keep in mind that while selecting the interpretation thecourt should adopt such interpretation , which is reasonable and sensible, and
avoid to select which is none of those things as it may be presumed that the
legislature should have used the word in that interpretation which least offend
our sense of justice, if the grammatical construction leads to some absurdity or
some repugnance or inconsistency with the test of the instrument it may be
departed from so as to avoid that absurdity and inconsistency.
CASE LAW: Rakesh Wadhwan V Jagdamba Industrial Corporation, AIR
2002, SC 2004;
Section 13(2) of the East Punjab Urban Rent Restriction Act, 1949, provides
for eviction of a tenant, who has not paid or tendered the rent due. There is
provision to that section which reads Provided that if the tenant on the first
hearing of the application for ejectment after due service pays or tenders the
arrears of rent and interest at 6% per annum on such arrears together with cost
of application assessed by the controller, the tenant shall be deemed to have
duly paid or tendered the rent The provision does not in terms provided th at if
there be a genuine dispute regarding the arrears due the controller will
provisionally determine the arrears and give time to the tenant to deposit thesame to save the eviction. But such a provision was read by implication to
avoid hardship and injustice to the tenant in case of a genuine dispute of
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arrears of rent. The court reached this conclusion by holding that the qualifying
expression assessed by the controller in the provision qualified also thearrears of rent and not merely cost of application .
CASE LAW: Central India Spinning weaving and manufacturing co. Ltd V
Empress Mills, Nagpur AIR 1958 SC 341 p 346
In construing section 66(1) of the Central Provinces and Berar Municipalities
Act 1922, which authorized imposition of a terminal tax on goods or animal
imported or exported from the limits of a municipality the question before the
Supreme Court was whether the said clause empowered the municipality to
levy a tax on goods in transit. The High Court adopted derivatives meaning of
words import and export i.e. to bring in and to carry away and has therefore
held that the municipality had the power to levy terminal tax on goods in
transit. The Supreme Court in reversing the decision of High Court pointed out
that the words import and export in their ordinary commercial sense of the
words in preference to derivative sense. The Justice Kapur observed that Theeffect of the construction of import and export in the manner insisted upon by
the respondent [municipality] would make rail born goods passing through a
railway station within the limit of a m unicipality liable to the imposition of the
tax on their arrival at the railway station or departure there from or both which
would not only lead to inconvenience but confusion, and would also result in
inordinate delays and unbearable burden on trade both inter state and intra-
state. It is hardly likely that was the intention of the legislature. Such
interpretation would lead to absurdity which was according to rules of
interpretation to be avoided.
Qu:9; Discuss the following: i] Long Title: It is now settled law that the long
title of an Act is part of the Act and therefore is admissible as an aid to its
construction.
Case Law: Ashwinikuamr Ghosh V/s Arabindo Bose AIR 1952 SC 369 p
388.[ long title]
The Supreme Court observed that while dealing with Supreme Court Advocates(Practice in High Court) Act 1951, which bears a full title thus An Act to
authorized Advocate of the Supreme Court to practice as of right in anyHigh Court. Justice S R Das observed that One cannot but be impressed at
once with the wording of the full title of Act. Although there are observations
in earlier English cases that the title of the Act is not part of the Statute and is
therefore to be excluded from the consideration in construing the statute, it is
now settled law that the title of a statute is an important part of the Act and
may be referred to for the purpose of ascertaining its general scope and of
throwing light on its construction, although it can not override the clearmeaning of the enactment.
Case Law: Poppatlal Shah v/s State of Madras, AIR 1953 SC 274 [long
title]
Under the Madras Sales Tax Act 1939, as it stood before it was amended by the
Madras Act XXV of 1947, the mere fact that the Contract of sales was entered
into within the province of Madras did not make a transaction which was
completed in another province, where the property or goods passed, a sale
with the province of Madras and no tax could be legally levied upon such atransaction under provision of Act.
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Though the provisional legislation could not pass a taxation statute or Act,
which be binding on any other part of India, it was quite competent for
province to enact a legislation imposing taxes on transaction concluding
outside the province provided there was a sufficient and real territorial nexus
between such transaction and the taxing p rovince.
The title of preamble whatsoever their value might be as aids to construction ofa statute, undoubtedly throw light on the intention and design of the
legislatures and indicate the scope and purpose of the legislatures itself. It is
settle rule of construction that to ascertain the legislation intent all the
constitute part of statute also to be taken together and each word phrase or
sentence is to be considered in the light of the general purpose and object of
the statute. The Judgement of Madras High Cou rt Reversed.
The Supreme Court observed that the title of the Madras General Sales tax Act
1939, was utilized to indicate that the object of the Act is to imposed taxes on
sales that take place within province.
Qu;10; Discuss Headings
The view now is settled that the Headings or Title prefixed to sections or group
of sections can be referred to in construing an Act of Legislatures. But
conflicting opinion has been expressed by the various courts on what weight to
be attached to heading. According to some opinion it is key to the
interpretation of the clauses of sections of Act, and thus the heading is equally
crucial as preambles. But there is opposite opinion stating that when the wordis ambiguous then the role of heading shall be considered in construction.
Case Law: Frick India Ltd V/s Union of India, AIR 1990 SC 689 p. 693.
[heading]
The appellant before Supreme Court is manufacturer of spares and equipments
required for cold storage and deep cooling plants, in dairy and food industries.
Since the unit was registered with Central Excise department they paid the
excise duty and taken out t he goods for sending to Gujarat and after submitting
return the unit filed refund order to get back the duty which they have paidunder the order of notification. But it was dismissed, by Asst. Commissioner
CE, thereafter they filed appeal against the order of Asst. Comm. before the
Commissioner of Central Excise, that was also dismissed.
Thereafter the unit filed writ petition before High Court, that was also
dismissed, and present civil appeal came before Supreme Court. It was
observed by Supreme Court that whole arguments arose because of compositesentence used in this paragraph of notification. It is only means complete
plants which are covered by items (1) and (2) cannot be considered as parts onmachinery and such complete plant would not be classification under sub-item
(3) of Item 29 A. The reliance placed by the learned counsel for the appellant
on this notification does not in any way adverse the case of the appellants, the
appeal dimissed.
The Supreme Court observed in this case that It is well settled that the
heading preferred to section or entries ( of a tariff Scheduled) can not control
the plain words of the provision, they cannot also be referred to for the purpose
of construing the provision, they cannot also be referred to for the purpose of
construing the provision when the words used in the provision are clear andunambiguous nor can they be used for cutting down the plain meaning of the
words in the provision. Only in the case of ambiguity or doubt the heading or
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sub heading may be referred to as an aid in construing the provision but even
in such case it could not be used for cutting down the wide application of clear
words used in the provision.
Case Law: Bhinka V/s Charan Singh, AIR 1959 SC 960 [heading]
The Supreme Court observed that under section 180 of U P Tenancy Act, 1939a remedy was provided for ejectment of a person who was illegally retaining
possession of land otherwise than in accordance with the provisions of the lawfor time being in force The question before Supreme Court was whether a
person without having title but retaining possession by virtue of an order
passed under section 145 Cr. P. C, could be ejected under aforesaid provision.
In searching the conclusion that such a person could be ejected the Supreme
Court construed the words possession in accordance with the law for the timebeing in force as meaning possession with title. Support for arriving at this
conclusion was taken from the heading of the section which read Ejectment of
person occupying land without title Justice Subbarao quoted with approvalthe following passage from max well The heading prefixed to sections or
sets of sections in some modern statute are regarded as preambles to those
sections. They cannot control the plain words of the statute but they may
explain ambiguous words.
Qu;11; Discuss Punctuation in a statute
In England before 1850 there was no punctuation in the manuscript copy of any
Act which received the Royal assent, therefore, the Courts cannot have anyregards to punctuation for construing the older Acts. Even as regards more
modern Acts, it is very doubtful if punctuation can be looked at for purpose of
construction. The opinion on Indian statute is not very much different
Case Law: Ashwinikumar V/s Arbindo Ghosh, AIR 1952 SC 369
[punctuation]
In this case before Supreme Court Justice B. K. Mukherjee expressed himself
as follows; Punctuation is after all a minor element in the construction of a
statute and very little attention is paid to it by English Courts, It seemshowever that in the vellum copies printed since 1850, there are some cases of
punctuation and when they occur they can be booked upon as a sort of
contemporaneous expositio. When the statute is carefully punctuated and there
is doubt about its meaning, a weight should be given to punctuation. I need not
deny that punctuation may have its uses in some cases, but it cannot certainly
be regarded as a controlling element and cannot be allowed to control the plain
meaning of text.
Qu:12; Explain Parliamentary history and statutes in pari materia areadmissible aids in the interpretation of statue- Elucidate
Ans: According to the traditional English view, the intent of Parliament which
passed the Act, is not to be gathered from Parliamentary history of the statute,
means the bill which Parliament passed was not copied from the Parliamentary
history of the statute. The Bill in its original form or the amendments
considered during its progress in the Legislatures are not admissible aids to
construction. Since the Court are entitled to consider such external or historical
facts as may be necessary to understand the subject matter to which the statute
relates or to have regards to the mischief which the statute is intended toremedy the exclusionary rule was relaxed to admit the reports of the
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commission preceding a statutory measure as evidence of surroundingcircumstances with reference to which the word in the statute are used.
Case Law : State of Mysore V/s R V Bidop, AIR 1973 SC 2555. [pari
materia]
The Supreme Court speaking generally, to begin with, enunciated the rule ofexclusion of Parliamentary history in the way traditionally enunciated by the
English Courts, but on many an occasion, the court used this aid in revolving
question of construction. The Court has now cleared to the view that legislative
history within circumspect limits may be consulted by court in resolving
ambiguity. But the court still sometimes like the English courts, make a
distinction between use of a material for finding the mischief dealt with the
Act and its use for finding th e meaning of the Act
Case Law: Indira Sawhney V/s Union of India, AIR 1972 SC 1061 p 1071
[pari materia]
The Supreme Court while interpreting Art 16(4) of the Constitution the Court
referred to Dr. Ambedkars speech in the Constituent Assembly and observed
That the debate in t he Constituent Assembly can be relied upon as an aid to
interpretation of a constitution provision is borne out by series of decision of
this court. Since the expression backward class of citizens of India is not
defined in the Constitution, reference to such debates is permissible to
ascertain at any rate of context, background and objective behind them.
Particularly where the court wants to ascertain the original intent suchreference may be unavoidable. The Court however, earlier clarified that the
debates or even the speech of Dr. Ambedkar could not be taken as conclusive
or binding on the court. More recently while interpreting Art 28(1) of the
Constitution which prohibits religious instruction in educational institutionmaintained wholly out of state funds, reference was made to the debates in the
constituent assembly which said to be illuminating and helpful in giving arestricted meaning of the expression.
Qu:13: Explain pari materia
Ans: The meaning of the maxim is statute are in pari materia which relates to
the same person or thing or to the same class of persons or things. When two
pieces of legislations are of different scope, it can not be said that they are in
pari materia
Therefore the Bombay Rent Hotel and Lodging House Rates Control Act 1947
and the Bombay Land Requisition Act, 1948, were not in pari materia as they
do not relates to the same person or things or to same class of persons or
things.
CASE LAW: State of Madras V/s A Vaidyanath Ayer AIR 1958 SC 61 p 65
[pari materia]
The Supreme Court observed that the section 4 of Prevention of Corruption
Act, 1947, which directs that on proof that the accused has accepted any
gratification other than legal remuneration, it shall be presumed unless the
contrary is established by the accused that the gratification was accepted as a
bribe, has been held to be in pari materia with subject matter dealt with by the
Indian Evidence Act, 1872 and the definition of the expression shall presume
in the Evidence Act has been utilized to construe the words it shall bepresumed in section 4 of the P C Act, 1947.
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Case Law: Swarva Shramik Sangh V/s Indian Smelting and Refining Co.
Ltd. AIR 2004 SC 269 p 277 [pari materia]
The meaning and intention of the legislatures which must govern the
interpretation of a provision in a statute, have to be ascertain not only the
language in which it is clothed but also by considering its nature, its design
and the consequences which would follow in cons truing it either way.
Reports of commission or inquiry committee preceding the introduction of a
bill for the enactment have been always viewed as providing evidence of the
historical facts or of surrounding circumstances or of mischief or evil interest
to be remedied and any time even for interpretation the Act as external aids to
construction of the Act.
In this case it has been held that the Maharashtra Recognition of Trade Union
and Prevention of Unfair Labour Practice Act, 1971 has to be read and
construed along with other labour Laws then in force such as the IndustrialDisputes Act, 1947, Contract Labour (Regulation and Abolition) Act 1970. [pari
materia] It was held in this case that workmen claiming to be employed by a
company ostensibly through a contractor alleging this to be a camouflage to
conceal the real relationship cannot directly complain against the company
under the Maharashtra Act and they have first to raised industrial disputes to
have their status as directly employed by the company determined under the
Industrial Disputes Act. The Appeal was dismissed.
Case Law: Ahmedabad Pvt. Primary Teachers Association V/sAdministrative Officer, AIR 2004 SC 1426 p 1431 [ pari materia]
This is appeal before Supreme Court of India, from appellant for declaring
them as employee under Employees Provident Fund Act 1952. The Supreme
Court observed that the legislatures was alive to various kinds of definitions
of word employee contained in various previous labour enactment when theAct was passed in 1972. If it intended to cover in the definition of employee
all kinds of employee it could have as well used. Such wide language as is
contained in Section 2(1) of the Employees provident Funds Act 1952, which
defines employee mean any person who is employed for wages in any kind ofwork, manual or otherwise, in or in connection with the work of an
establishment. Non use of such wide language in destination of employee insection 2(e) of the Act of 1912 reinforce our conclusion that teachers are
clearly not covered in the definition
The same principle the definition of employee in sect ion 2(e) of the payment of
Gratuity Act, 1972 was construed in the l ight of definition of employee in them
and it was held that teachers cannot be said to be employed in any skilled,
semi-skilled or unskilled manual, supervisory technical or clerical work andtherefore they do not fall under the definition of employee. The appeal
dismissed.
Qu.:14; Distinguish between mandatory and directory statute with case:
Examine the various factors guiding a Judge in holding a provision mandatory
or directory
Ans: The question arises whether the statute is mandatory or directory depends
upon the intent and wishes of the legislatures and language of in which intent
is cloth. Means the question of statute is mandatory is wholly depends on theintent of the legislatures and not on the language of statute. The intentions and
meaning of legislatures shall be calculated or taken granted from and
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ascertained from the language and also from its nature, its design, and the
consequences, which will in construing statute by either way. The determining
the question whether statute is mandatory or directory, is depends on the
subject matter, the important of the provision to the general object intended to
secure by the Act will decide whether the provision is directory or mandatory.
The study of many cases on this topic does not yield any universal rule and any
result to decide whether the statute is directory of mandatory. The use of wordshall a mandatory requirement and use of word may directory requirement.
Case Law: Drigraj Kuer ( Rani) V Amar Krishna Narayan Singh (Raja)
AIR 1960 SC 444 [mandatory provision]
In this appeal before Supreme Court was disputes of property of two estate, the
Petitioner became unsound mind and the Court appointed ward. The respondent
owner of Ramnagar Estate filed a suit against the Appellant owner of
Ganeshpur estate for the recovery of certain properties. The appellant filed
cross suit against the respondent during the pending of suit the appellantbecame unsound and declared by court and court of ward was appointed by
court to appear before the court, who was Dy. Commissioner of Barabanki.
Thereafter in High Court both the parties arrived at mutual agreement and the
basis of this mutual agreement the High Court passed a decree of consent.
Meanwhile the unsound Appellant Rani recovered from illness and court
declared her she is sound mind person. Thereafter she filed two Application
before the High Court contending that the compromise decree is nullity, on the
following grounds;
a] As the court of wards had not complied with the Manadatory Provision of
sec 6 of the Act
b] As there could not in law be a compromise unless there were two parties but
in the present case there was only one party the Deputy Commissioner, of
Barabanki
c] The High Court failed to appoint a dis interested person as a guardian of the
appellant who was of unsound mind under order XXXII of the Code of Civil
Procedure.
In this case the Supreme Court observed that a mandatory provision had not
been complied with and the suit proceeded with the Collector as both the
plaintiff and defendants. The ward for unsound mind was not appointed which
is mandatory provision.
If the provision is mandatory as act done in breach thereof will be invalid, but
if it is directory the act will be valid although the non-compliance may give
rise to some other penalty if provided by the statu te.
Case Law: State of Punjab V/s Balbir Singh, AIR 1977 SC 629
When substantial compliance is held to be a sufficient observance of a
statutory requirement it is because the statutory provision containing the
requirement is regarded as directory rather than mandatory.
Case Law: Sashikant Sigh V Tarkeshwar Singh [ (2002) 5 Supreme Court
Cases 138 [directory/mandatory]
Their lordship while considering the requirement under section (1) of the Sec319 of Cr. P. C. [ read where in the course of any inquiry into, or trial of an
offence, it appears from the evidence that any person not being the accused had
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committed any offence for which such person could be tried together with the
accused the court may proceed against such person for the offence which he
appears to have committed] that the person summoned could be tried together
with the accused is directory provision.
Whereas requirement in sub section (4) of section 319 of Cr. P. C. [where the
court proceeds against any person under sub section (1) then (a) theproceedings in respect of such person shall be commenced afresh and the
witness re-heard (b) subject to provision of clause (a) the case may proceed as
if such person had been an accused person when the Court took cognizance of
the offence upon which the inquiry or trial was commenced. It is mandatory
provision.
It is very difficult to distinguish the directory provision and mandatory
provision.
Case Law: Rai Vimal Krishna V State of Bihar (2003) 6 SCC 401 pp. 412-414 [mandatory/directory]
It is case of Bihar, Section 149(1) of the Patana Municipal Corporation Act
1951, requires that the Executive Officer shall sign the assessment list and
shall give public notice by beat of drum and by displaying placards posted in
main public places. Interpreting section it was held that requirement of public
notice was mandatory but the requirement of manner of publication was
directory, therefore, public notice in the news papers was substantial
compliance though there was no publication by beat of drum or by posting playcards.
Qu:15; Discuss the rule ofEjusdem Generis with the help of cases
Ans: The meaning of maxim that a particular section of statute should not
divorced or removed from rest of Act. When a particular words pertaining to
class or category are followed by general words, the general world construed as
limited to things of the same kind as those specified. This rule is known as the
rule ofejusdem generis this rule applies when ;
1.Statute contains an enumeration of specific words2.The subject of enumeration constitute a class or category3.That class or category is not exhausted by the enumeration4.The general terms follows the enumeration5.There is no indication of a different legis lative intent
Case Law: Sidheshwar Cotton Mills P Ltd V Union of India
The rule was applied in construing the word any other process In section 2(i)v of the Central Excise and Salt Act 1944 which defines manufacturer in
relation to goods in item 19.1 of the schedule to the Central Excise Tariff Act
1985 to include bleaching mercerizing, dying, printing, water proofing,
rubberizing, shrink printing, organic processing or any other processing. The
Supreme Court held that the process which import change of a lus ting character
to the fabric by either the addition of some chemicals into the fabric or
otherwise and any other process in the section must necessary sha re one or
other of these incidents which constitute manufacturing in the exten ded sense.
Case Law: Jivajirao Cotton mills V/s. M P E B
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Section 49(3) of the Electricity Supply Act 1948, empowers to board to fix
different tariff for the supply of power to any person having regards to the
geographical position of any area and nature of supply and purpose for which
the supply is required and any relevant factors. In construing this section the
Supreme Court decided to the rule of ejusdem generis for limiting factors on
the ground that there was no genus of the relevant factors.
Qu.:16; Explain the rule of Harmonious Construction with the help of
decided cases
Case Law: M V Jarali V Mahajan Borwell 1997 (8) SC 386
The rule of harmonious construction was applied while revolving conflicting in
between sections 276B and 278B of the Income tax Act 1961.
Sec 276B: If a person fails to pay or credit to Central Government treasury the
amount of TDS, he shall be liable to imprisonment of 3 months.
Sec 278B: If a company fails to pay or credit to Central Govt. treasury the
amount of TDS he is liable to p ay fine or penalty and not imprisonment.
In such case the Supreme Court apply the harmonious construction by applying
fine to directors if they prosecuted as company and its directors
When Reconciliation not possible
In the disputes of Acts, when the reconciliation is not possible in such stage
the last Act shall play role in cons truction, but that will be last resort.
Case Law: Wood V Rilley OR K M Nanavati V State of Bombay
The appeal was before Supreme Court, in the case the court held that if there is
conflict of two sections of Act and can not be reconciled which may be
absolute contradiction, in such situation the court may allow to play last
section or Act, to play role in construction
In case of Nanavati the latter was prevailed
Lord Evershed M R Said It is no doubt that if two sections of an Act ofParliament are in irreconcilable then from latter will be preferred.
Case Law: Sirsilk Ltd V/s Govt. of Andhra Pradesh AIR 1964 SC 160 pp 162
There was interesting question before Supreme Court relating conflict between
two equally mandatory provision viz section 17(1) and 18(1) of the Industrial
Dispute Act, 1947, is a good illustration of the importance of the principle thatevery effort should be made to give effect to all the provision of an Act by
harmonizing any apparent conflict between two or more of its provisions
Section 17(1) of the Act requires the Government to publish every award of a
tribunal within thirty days of its receipt and by sub section (2) of Section 17
the award on its publication becomes final. But section 18(1) of the Act
provides that a settlement between employer and workmen shall be binding on
the parties to the agreement. In a case where settlement was arrived at after
receipt of the award of a Labour. The tribunal by the Government but before
publication, the question was whether the Government was still required by
section 17(1) to publish the award. In construing these two equally mandatoryprovisions, the Supreme Court held that the only way to resolve the conflict
was to hold that by the settlements which become effective firm the date of
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signing, the industrial dispute comes to an end and the award become in
fructuous and the Government cannot publish it.
Qu:17; Explain any five of the following with reference to the General
Clauses Act
i] Coming into operation of enactment: When any Central Act is notexpressed to come into operation on a particular day, then it shall come into
operation on the day on which it receives the assent;
In the case of a Central Act made before the commencement of Constitution,
the assent of Governor General and
In case of an Act of Parliament, the assent of President
ii] Gender and number : In all Central Acts and regulations unless there is
anything repugnant in the subject or context, words importing the masculine
gender shall be taken to include females and words in the singular shall includethe plural and vise versa
iii]Duty to be taken pro rata: Where by any enactment now in force or
hereafter to be in force, any duty of customs or excise, or in th e nature thereof,
is charged on any given quantity, by weight or measurement or value of any
goods or merchandize, then a like duty is charged according to the same rate on
any greater or less quantity.
iv] Measurement of distance : In the measurement of any distance for thepurpose of any Central Act or Regulation made after the commence of this Act
that distance shall, unless a different intention appears be measured in a
straight line on a horizontal plane.
v] Effect of repeal: Where this Act or any Central Act or Regulation made
after the commencement of this Act, repeal any enactment hereto made or
hereafter to be made then unless a different intention appears the repeal shall
not
vi] Imprisonment: Shall means imprisonment of either description as definedin the Indian Penal Code.
Qu:18; Explain IMPLIED REPEAL;
Ans; This a presumption against a repeal of act or statute by implication,
and the reason of this rule is based on the theory that when legislature while
enacting a law has complete knowledge of the existing law on the same subject
matter and therefore, when it does not provide a repealing provision in new
Act, it gives out an intention not to repeal the existing Act or legislation. Butwhen the new Act contain a repealing section mentioning the Act which it
expressly repeals, the presumption against implied repeal of other Act is
further strengthened on the principle of ;
Expression unis est exclusion alterus; Means expression of one subject, object
and idea is the expulsion of other subject object and idea.
CASE LAW; Municipal Council of Palai V/s T J Joseph, AIR 1963 SC 1561
p 1565
In this case the Municip al Council had constructed the bus stand and prohibited
buses to stand on road or any other places in its limits, and those are using the
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bus stand council was charging 50 np per bus. This resolution under 286 and
287 of Travancore Municipal Acts, was challenged in Kerala High Court, by
writ petition which was allowed. The Provision of Municipal Act, which
provide to Municipal Council to provide bus stand, were held to be repealed
by a subsequent Motor Vehicle Act, which empowered the Government or
delegate to do the same. The reason for this conclusion were mainly two fold;
(1) that the Municipality Act was a special law applying to Municipality areas,and the Motor Vehicle Act was a general law applying to all area in general;
and (2) that both the provision were enabling ones and then could be no
question of conflict till the authority in the later Act also provided for bus
stand for the same areas for which bus stand had already been provided under
the Municipal Act.
CASE LAW; Syndicate Bank V Prabha D Naik, AIR 2001 SC 1968, p, 1968
If the prior law provides both for right and remedy and a later general law
undoubtedly replace the right, the remedy of the prior law must also be takento have been impliedly repealed. The British left India in 15.08.1947, but
Portugese were remained in Goa till 1962, because some unknown political
reasons, the Provision of Portugese Civil Code applicable in the Goa State
regulating contracts and remedies as also providing for limitation were taken to
be impliedly repealed by extension of the Indian Contact Act, the Negotiable
Instrument Act and the Indian Limitation Act to Goa
Qu;19; Explain Beneficial Construction
Qu;20; Explain Status to be read as a whole in its context :
Qu:21; Discuss Reddendo Singula Singulis: This rule applied where general
words of description follows the list of particular things;
The rule is developed from Irish case, in the following words;
Where there are general words of description, following on enumeration, of
particular things such general words are to be construed distributive
reddendo singula singgulis and if the general word is apply to some things and
not to others , the general words are applied to those things to which they willand not to which they will not apply; that rule is beyond of all controversy.
Thus I device and bequeath all my real and personal property to A, will beconstrued redendo singula singgulis by applying device to real property and
bequeath to personal property. and in the sentence ;
Illustration; Wharton; Law Lexicon 14 the edition p 650 : If any one shall draw
any sword or gun the word draw is applied to sword and only and the word load
to gun only because it is i mpossible to load a sword or draw a gun ;
I can not say I load a sword, I can s ay I draw the sword, similarly I can not say
I draw the Gun, I can say I load the gun.
An example of the application of the rule is furnished in the construction of
section 59(1) of the local Government Act 1933, which read A person shall bedisqualified for being elected or being member of a local authority if he has
within five years before the day of election or since his election been convicted
of any offence and ordered to be imprisoned for a period of not less than three
months, without the option of fine
Justice Clauson construing the section said The section provides for twomatters;
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first what is to be disq ualification for election? and
secondly what is to be disqu alification for being a member after election?
Provide for disqualification ; first conviction within five years before the day
of election and secondly conviction since election. It is obvious that the second
disqualification mentioned does not fit the first case mentioned namely that ofelection, but does not fit the second case, and the second case only. It also
obvious that the first disqualification mentioned fits the first case and it does
not seem at all apt to fit the second case.
CASE LAW: Koteshwar Vithal Kamath V K Rangappa Baliga & Co, AIR
1969 SC 504 p 511
In this case the Rangappa Baliga & Co, booked the Coconut oil on the forward
marketing principles, but letter he failed to lift the material and subsequent
payment, the Kamath, filed a suit of recovery in trial court, the said suit wasdecreed by trial court and the decree was upheld by Kerala High Court.
Aggrieved by judgement of High Court the Kamat went to Supreme Court.
Another case law the application of the rule ofRedendo Singula singulis is
found in the construction of the Proviso to Art 304 of the Const itution which
read Provided that Bill and Amendment for the purpose of clause (b) shallbe introduced or moved in the legislature of a State without the previous
sanction of the President It was held by the Supreme Court that the wordintroduced referred to bill and the word moved for Amendment.
Qu;22; Explain Heyden Case / Mischief Rule/ Purposive Construction/
Heyden Rule :
When the material words in statute are capable of bearing two or more
construction or interpretations, the most firmly established rule for
construction of such words of all statutes in general, they may be penal or
beneficiary, restrictive or enlarging of the common law the rule laid down in
Heydon Case.
Means the court must select the construction which is most firmly establishedrule, under rule of law and such rule must be far from any mischief, from the
material of statute.
Before construction in accordance to Heydon Rule the court must have
allowed:
a] What was the law before making of Act
b] What was the misch ief or defect for which law did not provide
c] What is the remedyd] what is the reason of giving re medy or relief
Thereafter the court must adopt the construction which shall suppress the
mischief and give relief or remedy.
Case Law: Bengal Immunity Co V/s State of Bihar, AIR 1955 SC 661
Ans India is a old ancient country in world and having ancient history of
Kingdoms and Princess States, most of these Kings and Princess are now
Ministers and Governors, of course there are exception for instance Governorof Kerala R S Gawai. After getting freedom the most difficult work before
Indian leaders to draft and accept the constitutions, which have taken three
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years, of course that time no computer and internet available. The old
Kingdoms and Princess states were having their own Acts and Rules and
Regulations and separate taxation on goods, and in such laws there was
restriction on interstates flow of goods. After adoption of the Constitution, in
accordance to Art 286, there is no restriction for free flow of goods from one
state to other state. The instance appeal came before Supreme Court in 1955,
for hearing, the Supreme Court reject the taxation and restriction on interstatemovement of goods.
The Supreme Court applied the Hyden Rule in th is case
i] There was separate law for interstate flow of goods and
multiple taxation.
ii] There was mischief and defect in old state laws and old states
law was not providing any remedy or relief
iii] The Art 286 of the Constitution provide free flow of goods
from one state to other state, with single taxation
iv] The people of country are benefited, because there is no
multiple taxation and hurdles on movement of goods.
Case Law: CIT V/s Sodra Devi AIR 1957 SC 832;
The Heyden Rule was again applied in this case, in the construction of sec16(3) of the Income tax Act, 1923, the sub section read;
In computing the total income of any individual for the purpose of assessment,
there shall be include (a) so much of the income of a wife or minor child of
such individualas arises indirectly or directly .
The question before Supreme Court was whether individual word stated in theaforesaid section meant only a male or also included female or wife. The
Justice Bhagwati said In order to resolve this ambiguity , therefore, we mustof necessity have resort to the state of the law before the enactment of the
provision, the mischief and the defect for which the law did not provide ; theremedy which the Legislature resolved and appointed to cure the defect and the
true reason of the remedy.
After referring to these factors Justice Bhagwati proceeded to point out It isclear that the evil which was sought to be remedied was the one resulting from
the wide spread practice of husband entering into nominal partnership with
their wives and father, admitting their minor children to the benefit of the
partnership of which they were member. This evil was sought to be remedied
by the enactment of section 16(3) in the Act. If this background of theenactment of section 16(3) is borne in mind there is no room for any doubt that
howsoever that mischief was sought to be remedied by amending the Act, the
only intention of the Legislature in doing so was to include the income derived
by the wife or minor child, in computation of the total income of the male
assesses, the husband or the father, as the case may be, for the purpose of
assessment. The word any individual were therefore construed as restricted
to male.
Qu;23; Explain Codifying Statutes:
Ans The purpose of codifying statute is to present an orderly and authoritative
statement of the leading rules of law on a given subject, whether those rule are
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to be found in statute law or common law. The codified Act could be found
from its preamble and title. The codifying statute is presumed that not be alter
unless contrary intention appeared.
The Section 265 of Code of Criminal Procedure, Chapter XXI, Plea Bargaining
was amended in 2006
Qu;24;Explain Casus omissus :
Means while amending one Act omitted to amend corresponding Act. This is
best example of Legislatures office errors or law making body. Of course they
amended certain section of Act but they omitted to relating Act. omission by
the Legislature to amend a related provision present great difficulties of
construction, but on the same time the court can not remove the deficiency of
Legislatures.
Case Law: Hiradevi V/s Dist Board Shahajahanpur, AIR 1952 SC 362
This is civil appeal before the Supreme Court, Section 71 of the U P District
Board, Act 1972, provide that a Board may dismissed its secretary by special
resolution which in certain cases required sanction local Government and
section 90 conferred a power to suspend the secretary pending inquiry into hisconduct or pending the order of any authority whose sanction is necessary for
his dismissal. By U P Act 1 of 1933 Section 71 was amended and the amended
section provided that a resolution of dismissal was not to take effect till the
expiry of the period of appeal or till the decision of appeal if it was sopresented. No corresponding amendment was, however made in Section 90 and
it was held by Supreme Court that the suspension resolved in section 90 to be
operative till the appeal against dismissal was decided was ultra virus the
power of Board.
Qu;24; Explain DICTIONARIES
When any word is not defined in Act itself, then it is permissible to refer to
dictionaries to find out the general sense in which that word is understood in
common parlance. However while selecting one meaning out of many meaningsin dictionaries, the regard must be given to context, because it is fundamental
rule that the colour must be taken from the context.
CASE LAW: State Bank of India V/s. N Sundara Mani AIR 1976 SC 1111 p
1114
Justice Krishna Ayyar observed that Dictionaries are not dictation of statutoryconstruction which the benignant (pleasant and beneficiary in nature) mood of
law and more emphatically, the definition clause furnish a different denotation.
CASE LAW: Commissioner of Income Tax V/s. N C Budhraja & Co. AIR
1993 SC 2529
Justice Jeevan Reddy observed that A statute cannot always be construed with
the dictionaries in one hand and the statute in the other hand, but regards must
also to be the scheme, context and to the legislative history
Qu;25; Explain Noscitur a sociis;
(Means a doubtful words can be derived from its association with other words)
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The meaning of word is to be judged by the company it keeps; It is a rule of
legitimate rule of construction to construe words in an act of Parliament with
reference to words found in immediate connection with them. The associated
words take their meaning from one another under the doctrine ofNoscitur a
sociis the philosophy of which is that the meaning of doubtful word may be
ascertained by reference to the meaning associated with it; such doctrine is
broder than maxim ejusdem generis ( Particular section of the statute shall notbe divorced from rest of the Act)
CASE LAW: G Radhakrishana Murthy V Commercial Tax Officer, JT 1998
(4) SC 426.
The Supreme Court held that in entry 16 of schedule A to the Punjab General
Sales Tax Act 1948 which reads cosmetics, perfumery and toilet goods,excluding tooth paste, tooth powder, kumkum, and soap, the perfumery was
construed to mean such articles as are used as cosmetics and toilet goods and
are upon the person, and it was held that the word had no application to dhoopand agarbatti.
CASE LAW: Pradip Agarbatii, Ludhiana V State of Punjab AIR 1988, SC
171
When some article are grouped together in an entry to the schedule of sales tax
and excise statute, each word is the entry draws colour from the other words
therein on the principle of noscitur a sociis
CASE LAW: Sidheshwar Cotton Mills Pvt. Ltd V Union of India, AIR 1989
SC 1019 p1023l
Qu; 26; Explain Generalia sphaecialibus non derogant
Means of a special provision is made on a certain matter that matter is
excluded from the general provision. This principle may apply in between Act
and rules, if a provision has been made into Act therefore the provision shall
be excluded from the rule
The principle can be apply to resolve the conflict in between two Acts. The
above said maxim meaning that where a special provision made in a special
statute that special provision excludes the operation of general provision in the
general law
CASE LAW: K M Nanavati V State of Bombay, AIR 1961 SC 112 p123
In this land mark case Supreme Court held t hat the absolute power of Governor
under Art 161 of the Constitution to grant pardon or to suspend a sentencepassed on accused person is not available during the period the matter become
sub-judice before Supreme Court as otherwise it will conflict with judicial
power of that court provided under Art 142 of the Con stitution
CASE LAW: Venkatraman Devora V State of Mysore AIR 1958 SC 255
The Supreme Court held that said revolving conflict between Art 25(2)(b) and
26(b) of the Constitution and it was held that the right of every religious
denomination or any section thereof to manage its own affairs in matter of
religious Art 26(b) is subject to a law made by a state providing for socialwelfare and reforms or throwing open of Hindu religious institution of public
character to all classes and section of Hindu Art 25(2)(b)
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terms of such International treaty. But in case of criminal jurisprudence the
important factor is place of offence.
CASE LAW: Peoples Union for Civil Liberties V/s. Union of India, AIR
2005, SC 2417 p 2416
The language of the Indian Act is clear, its meaning cannot be affected byInternational declarations or United Nations, resolution to which India is party
and has given affect to. It was so held that in deciding that a retired police
officer having knowledge of practical experience in the matter relating to
human right, can be appointed a member of the National Human Rights
Commission being qualified to be so appointed under section 3(2)(d) of the
Protection of Human Rights Act, 1994, and his appointment can not be
challenged on the basis of Paris principle regarding the protection of human
rights, which is subsequently endorsed by UN
CASE LAW: Naim Malvan V/s. Director of Public Prosecution, AIR 1948,PC, 186
The Court held that the principles have given rise to a rule of construction
which as explained by Lord Si monds, means, A statute an offence and imposing
a penalty for it, should be so construed as to appl y only to those person who by
virtue of residence or in some case citizenship or nationality are regarded as
subject to the jurisdiction of the state which has enacted the statute
Qu: 33; Explain Presumption against the ouster of jurisdiction of Court;
Ans: Means legislature at the time of making statute or any law thought that
whatever they are making statute shall not ouster the jurisdiction of the courts,
Qu;34; Explain Presumption against violation of international law:
Ans: Means legislatures at the time of making statute or any law thought that
whatever acts, statute, law, and rules they are making shall not violate the
International Law.