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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. (iii) Preamble, (iv) Marginal Notes,(v) (vi) definition of interpretation clause, (ix) exception & saving clauses, (x) punctuation. (i) Short Title, (ii) Long Title, Heading of a group of sections, (vii) Proviso, (viii) illustration, explanation schedules and (xi)

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, then the 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 make judgement 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 construed 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 behind the statute. CASE LAW: Bhatiya Iernational V/s Bulk Trading S. A & Anr [AIR 2002 SC 1432] This appeal came before Supreme Court against the judgement passed by the Indore MP High Court, challenging the order of High Court, which was dismissed. The 1 s t . Respondent filed a application under section 9 of the rd Arbitration and Conciliation Act, 1996, before 3 . Dist. Judge, Indore, MP, against the appellant and 2 n d . respondent the main prayer was that to stay the proceeding and restrain the transfer of property and business. The opposite party said that Part I of Act does not apply to arbitration which is not in India. The contention of other party was not tenable, hence the Trial Court and High Court of Indore, allowed the application u/s 9. The Supreme Court held in this case that If the statutory provision is open to more than one interpretation the court has to choose that interpretation which represent the true intention of the legislature. CASE LAW: Bhavnagar University V/s Palitana Sugar Mills, SCI, AIR 2003 SC 511: This a appeal before Supreme Court, involving interpretation of section 20 & 21 of Gujarat Town Planning & Urban Development Act, 1976, the act said that after notification issued, for acquisition of any plot, the complete procedure ought to be completed within statutory time period, if not the ownership of plot automatically goes to original owner of the plot in disputes. The Supreme Court observed that the basic principle of construction of statute that same should be read as whole, then chapter by chapter, then section by section and the word by word, if there is ambiguity or inconsistency or absurdity, thereafter only the court interpret the statute keeping in mind the main sentiments of legislature. CASE LAW: Public Prosecutor V Sreeramulu, Andhra High Court, here the similar above views are expressed by High Court on meaning of Dowry Qu.3; Defined construction: avoiding addition or substitution of word in

Ans; The Privy Council in the case of Craford V Spooner observed that We can not aid the legislatures defective phrasing of an Act, we can not add or amend and by construction make up deficiencies which are left there It is wrong and dangerous to proceed by substituting some other words for word of the statute. The judiciary has no power to add some thing in statute, unless the statute is meaning less or doubtful. CASE LAW: State of Kerala V Mathai Verghees; (1986) 4 SCC 746; In this case a Mathai Verghees and one person, were living in Kerala, and applied their mind to make fake foreign currency, US Dollar, according to that they planed and purchase the paper from Mumbai, and

printed 2000 notes of US Dollar of 20, and some they already had, some one made a complaint to Police and caught, with material evidence and were chargesheeted for making fake Currency Notes u/s 489 of IPC. The Session Court, acquitted them on the ground that section 489 is applicable to currency notes mean Indian Currency notes appeal filed before Kerala High Court, the Kerala High Court, maintained the order of Session Court, on the ground that currency notes as use Indian Currency. The fake currency note does not indicate the Indian or Foreign currency notes. But the accused have made fake dollar of US and therefore construed by High Court, and acquitted. In the appeal before Supreme Court held that It is wrong and dangerous to proceed by substituting currency note some other words for words of the statute, speaking briefly the court cannot reframe the legislation for the very good reason that it has no power to legislate, and set aside the judgement of High Court, and remand back to trial court for trial. 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 is meaningless 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 Board Shahjahanpur 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 his dismissal 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; The section 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 by legislatures, 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 Literal rule? 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 has given natural meaning one should not depart from natural and original meaning, unless it leading to absurdity. Oega Tellis V BMC: AIR 1986 SC 180: This is land mark case before Supreme Court of India, on issue of fundamental right granted by the constitution, the people of these community were living on the footpaths of road in Mumbai, they were creating serious problems of sanitation, water traffic etc. The BMC has passed order to remove them, this order was challenged by their leader in High Court and then Supreme Court. The Supreme Court interpreted that removing trespassing and unauthorized occupation of land of BMC and State can not be violation or infringement of fundamental rights. (Review Petition) Oswal Agro Mills Ltd V Collector of Central Excise: AIR 1993 SC 2288 In Review Petition in Civil Appeal of same petitioners, before Supreme Court, the notification on excise duty on toilet sops was challenged by Petitioners, in earlier Civil Appeal, but which was dismissed by same Bench of Supreme Court, the Petitioner again file Review Petition in earlier Civil Appeal under the Supreme Court Rule; 1966, Order XL, Rule 1 , read with Article 137 of the Constitution, this Review Petition was dismissed by Court. 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, going beyond 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 to enter 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 the word 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 a person 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; [golden rule] 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 the construction 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 for a 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 National and 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 with the 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 depreciation allowed by the Income Tax Officer in making assessment on employer . It was therefore held that it was for the Industrial Tribunal to determine 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 Income 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 the name of a proprietor in the annual papers for the year 1948-49, the Nagpur High Court held that this definition should be construed 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 interpreting the 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 Homefarm and so the question of 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 Its Management, 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 in view The Doctor who was appointed by management 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 decision 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 P Bhoodan 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 way that. 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 be allowed 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 rights guaranteed under Art. The Supreme Court observed that If law is shown to invade 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 minors person 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 the court 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 that 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 the same 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 arrears of rent. The court reached this conclusion by holding that the qualifying expression assessed by the controller in the provision qualified also the arrears 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 The effect 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 municipality 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 any High 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 clear meaning 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 a transaction under provision of Act. 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 province. The title of preamble whatsoever their value might be as aids to construction of a 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 Court 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 word is 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

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department they paid the excise duty and taken out the goods for sending to Gujarat and after submitting return the unit filed refund order to get back the duty which they have paid under 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 composite sentence 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 on machinery 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 and unambiguous 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 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, 1939 a remedy was provided for ejectment of a person who was illegally retaining possession of land otherwise than in accordance with the provisions of the law for 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 time being 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 approval the 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 any regards to punctuation for construing the older Acts. Even as regards more modern Acts, it is very doubtful if punctuation

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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 seems however 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 are admissible 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 to remedy the exclusionary rule was relaxed to admit the reports of the commission preceding a statutory measure as evidence of surrounding circumstances 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 of exclusion 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 the 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 the 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

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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 such reference 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 institution maintained wholly out of state funds, reference was made to the debates in the constituent assembly which said to be illuminating and helpful in giving a restricted 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 be presumed in section 4 of the P C Act, 1947. 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 construing 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 Industrial Disputes Act, 1947, Contract Labour (Regulation and

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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/s Administrative 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 the Act 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 of work, manual or otherwise, in or in connection with the work of an establishment. Non use of such wide language in destination of employee in section 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 section 2(e) of the payment of Gratuity Act, 1972 was construed in the light 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 and therefore 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 the intent of the legislatures and not on the language of statute. The intentions and meaning of legislatures shall be calculated or taken granted from and 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 word shall 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]

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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 appellant became 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 noncompliance may give rise to some other penalty if provided by the statute. 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 Sec 319 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 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

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(a) the proceedings 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 play cards. Qu:15; Discuss the rule of Ejusdem 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 of ejusdem generis this rule applies when ; 1. 2. 3. 4. 5. Statute contains an enumeration of specific words The subject of enumeration constitute a class or category That class or category is not exhausted by the enumeration The general terms follows the enumeration There is no indication of a different legislative 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 lusting 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 share one or other of these incidents which constitute manufacturing in the extended sense. Case Law: Jivajirao Cotton mills V/s. M P E B 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

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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 pay 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 construction, 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 of Parliament 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 that every 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

17

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 mandatory provisions, 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 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 not expressed 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 include the 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 the 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 the purpose 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 defined in 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. But when the new Act contain a repealing section mentioning the Act which it expressly repeals, the

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presumption against implied repeal of other Act is further strengthened on the principle of ; Expressio 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 Municipal 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 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 taken to 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 will and 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 be construed redendo singula singgulis by applying device to real property and bequeath to personal property and in the sentence ;

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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 impossible to load a sword or draw a gun ; I can not say I load a sword, I can say 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 be disqualified 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 two matters; first what is to be disqualification for election? and secondly what is to be disqualification 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 of election, 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 Kamat 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 Kamat, filed a suit of recovery in trial court, the said suit was decreed 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 of Redendo Singula singulis is found in the construction of the Proviso to Art 304 of the Constitution which read Provided that Bill and Amendment for the purpose of clause (b) shall be 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 word introduced referred to bill and the word moved for Amendment. Qu;22; Explain Heyden Case Construction/ Heyden Rule : / Mischief Rule/ Purposive

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

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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 established rule, 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] b] c] d] What was the law before making of Act What was the mischief or defect for which law did not provide What is the remedy what is the reason of giving remedy 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 Governor of Kerala R S Gawai. After getting freedom the most difficult work before Indian leaders to draft and accept the constitutions, which have taken three 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 interstate movement of goods. The Supreme Court applied the Hyden Rule in this 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 sec 16(3) of the Income tax Act, 1923, the sub section read;

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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 individual as arises indirectly or directly. The question before Supreme Court was whether individual word stated in the aforesaid section meant only a male or also included female or wife. The Justice Bhagwati said In order to resolve this ambiguity , therefore, we must of 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 ; the remedy 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 is clear 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 the enactment 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 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

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secretary pending inquiry into his conduct 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 so presented. 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 meanings in 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 statutory construction 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) 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 of Noscitur 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 not be 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

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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 dhoop and 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 that the absolute power of Governor under Art 161 of the Constitution to grant pardon or to suspend a sentence passed 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 Constitution 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 social welfare and reforms or throwing open of Hindu religious institution of public character to all classes and section of Hindu Art 25(2)(b) Qu;27; Explain Ex visceribus actus; The meaning of this is the statement has been accepted at the basis for the rule of construction based upon four corners of the Act Qu;28; Explain CONTEMPORANEA EXPOSITIO;

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The meaning of this maxim is the construction of law, made shortly after its enactment when the reason for its passage were then fresh in the mind of the judge is considered as of great weight. The usage or practice developed under a statute in indicative of the meaning ascribed to its words by contemporary opinion and in case of an ancient statute is an admissible external aid to its construction. When the practice receives judicial or legislative approval it gains additional weight and is to be more respected. In construing old statue it has been usual to pay great regard to the construction put upon them by the judge who lived at or soon after the time when they were made because they were best able to judge of the intention of the makers at the time. CASE LAW: In Case of Bhattacharyajee V/s. S. D. Muzumdar, AIR 2007, SC 2102; The Supreme Court held that the principles stated above relating to use of contemporaneous officials statement as executive construction; were reiterated and approved. CASE LAW: Indian Metal and Ferro Alloys Lts V/s. Collector of Central Excise, AIR 1991 SC 1028; Contemporary, [means belonging to same period of time,] officials statement throwing light on the construction of a statue and statutory instrument made under it have been used as contemporanea expositio to interpret not only ancient but even recent statutes both in England and India Qu; 29: Explain absurdity Presumption against intending injustice or

Qu;30; Explain Presumption against the retrospective operation of statute Qu;31; Explain Presumption against intending what is incontinent or unreasonable Qu;32; Explain Presumption against the territorial operation of the statute; Ans ; The presumption is that statute is not intended to apply to a person residing out side the territory of the state, which has passed the legislation or Act., this presumption is particularly very strong in case of foreigner, the rule of construction further became strong, by interpreting that the legislature intent to respect the International Law. It obvious that Indian statute become ineffective against the foreign property of foreigner outside the jurisdiction, but if there is treaty among the member country, them matter depends on the terms of such International treaty. But in case of criminal jurisprudence the important factor is place of offence.

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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 by International 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 Simonds, means, A statute an offence and imposing a penalty for it, should be so construed as to apply 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.