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Interpretation of Statutes

The doctrine of Beneficial Construction

The term ‘Interpretation’ is derived from the Latin term ‘interpretari’ which means to explain or to understand or translate. Interpretation is a process through which one ascertains the true and correct intention of the law-making bodies as is laid in the form of statutes. It is a familiar feature of law and legal practices. Interpretation is an […]

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Interpretation of Statutes

The doctrine of Harmonious Construction

The term ‘Interpretation’ is derived from the Latin term ‘interpretari’ which means to explain or to understand or translate. Interpretation is a process through which one ascertains the true and correct intention of the law-making bodies as is laid in the form of statutes. It is a familiar feature of law and legal practices. Interpretation is an […]

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Interpretation of Statutes

Intention of Legislature

The purpose behind framing any statute is mainly for the public benefit. The legislature is presumed to have a certain meaning of the words of any particular statute. Any statute framed should be in accordance with such meaning. During the interpretation of any statute, the rules of interpretation are used to gather the facts and […]

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Interpretation of Statutes

Strict Construction of Taxing Statutes

India adopts a federal structure of governance, therefore the extent of legislative powers is distributed between the Centre and the States. As per Article 245, Parliament may make laws for whole or any part of India and the legislature of a State may make laws for whole or any part of the State and Article […]

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Interpretation of Statutes

Residuary Powers of Legislation

India adopts a federal structure of governance, therefore the extent of legislative powers is distributed between the Centre and the States. As per Article 245, Parliament may make laws for whole or any part of India and the legislature of a State may make laws for whole or any part of the State and Article […]

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Interpretation of Statutes

The Doctrine of Colourable Legislation

The doctrine of colourable legislation essentially deals with the conflict between the laws of Centre and State. India adopts a federal structure of governance, therefore the extent of legislative powers is distributed between the Centre and the States. As per Article 245, Parliament may make laws for whole or any part of India and the […]

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Interpretation of Statutes

The Doctrine of Pith and Substance

The Doctrine of Pith and Substance essentially deals with the conflict between the laws of Centre and State. India adopts a federal structure of governance, therefore the extent of legislative powers is distributed between the Centre and the States. As per Article 245, Parliament may make laws for whole or any part of India and […]

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Interpretation of Statutes

Doctrine of Repugnancy

The doctrine of Repugnancy essentially deals with the conflict between the laws of Centre and State. India adopts a federal structure of governance, therefore the extent of legislative powers is distributed between the Centre and the States. As per Article 245, Parliament may make laws for whole or any part of India and the legislature […]

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Interpretation of Statutes

Internal Aids for Interpretation of Statutes: Headings

Internal aids mean those aids which are available in the statute itself, though they may not be part of enactment. These internal aids include long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc. When internal aids are not adequate, the court has to take recourse to external aids. In this article, […]

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Interpretation of Statutes

Internal Aids for Interpretation of Statutes: The Preamble

Internal aids mean those aids which are available in the statute itself, though they may not be part of enactment. These internal aids include long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc. When internal aids are not adequate, the court has to take recourse to external aids. In this article, […]