CHAPTER 2 GENERAL PRINCIPLE OF CONSTRUCTION

TOPIC -RELETED

•GENERAL RULE OF INTERPRETATION OF STATUTE

•RULE OF LITERAL CONSTRUCTION

•GOLDEN RULE OF CONSTRUCTION

•RULE OF HAYDON'S CASE( MISCHIEF RULE )



GENERAL RULE OF INTERPRETATION OF STATUTE

The rule follows a very simple premise that every statute has a purpose and intent as per law and should be read as a whole. The interpretation consistent of all the provisions of the statute should be adopted. ... The rule of harmonious construction is the thumb rule to the interpretation of any statute.

Duty of the judicature is to discover and act upon the true intention of the legislature .

Judges are not at liberty to add or take from or modify the letter of law

True sentenia legis is not completely or correctly expressed by it

Loard Atkinson :- the word of statute as puts it must be interpreted in there ordinary grammatical sense .

Meaning of the word is plain .



1.RULE OF LITERAL CONSTRUCTION :it is the cardinal rule of construction that a statute must be construed literally and grammatically giving the word there ordinary and natural meaning .

2.Statute must be construed in its grammatical sense .

3.Meaning without reference to cases

4.Meaning without reference to cases

5.Phraseology of an statute is clear and unambiguous .

6.Case law related :-kanai lal sur vs paramnidhi sadhukhan .


GOLDEN RULE OF CONSTRUCTION

Golden rule as a modification of literal rule

The Golden Rule of Construction is a doctrine, which must be applied with great care, remembering that judges may be fallible in this question of absurdity and in any event it must not be applied so as to result in twisting language into a meaning, which it cannot bear.


The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.


Max –well describes the so called golden rule as a modification of literal rule. Interpretation leads to certain absurdity or unreasonable result, it is permissible to interpret the provision of statute in a manner so as to lead to a reasonable practicable result .

Literal construction is not prohibited if it better express the intention of the legislature .the language of statute may be varied or modified to avoid absurdity or repugnance where the grammatical construction leads to such absurdity or anomaly (irregularity )

Lee v. knapp 1967

Adler v. George


RULE OF HAYDON'S CASE( MISCHIEF RULE )

Lord coke s formulation of the rule in heydons case in 1584 is also known as mischief rules and has stood the test of the time very well . This rule has been approved by our supreme court in a number of cases as guidelines to determine true intention of the legislature .


The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament’s intent.


Rule Of Literal Construction

Rule of the literal construction it is a cardinal rule of construction that a statute must be construed literally and grammatically Giving the words their ordinary and natural meaning .he intention statue must be construed in its grammatical sense . .meaning without reference to case .if the phraseology of an statute is clear and unambiguous and capable of one and only one interpretation . The first and primary rule of the construction is that the intention of the legislature must be found in the words used by the legislature itself .

In Kanai Lal Sur Vs Paramnidhi Sadhukhan




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