Interpretation of Statutes and General Clauses Act


Interpretation of Statutes and General Clauses Act

Notion of Interpretation of Statutes, Different Parts of a Statute; Commencement, Repeal and Revival of Statutes, Consolidating and Codifying Statutes, Approach to Interpretation, Construction and General Principles of Interpretation;

Grammatical Interpretation and Literal rule, Logical Interpretation, Grounds for Logical Interpretation, Ambiguity, Inconsistency and Inconvenience, Golden Rule and Mischief Rule of Interpretation, Rule of Harmonious Construction, Purposive Interpretation, Internal and External Aids to Interpretation, Subsidiary Rules and Maxims of Interpretation, Beneficial Construction, Construction to Prevent Evasion or Abuse, Restrictive Construction; Construction to avoid Collision with Other Provisions; Construction most agreeable to Justice and Reason; Equitable Construction;

Interpretation of Penal Statute and Law of Taxation, Interpretation of Constitutional Law, General and Special Rules, Principles of Constitutional Construction, Problems of Constitutional Interpretation, Interpretation of Deeds, Contracts & Case-Laws, Legal Fiction, Casus Omissus, Non Obstante Clause;

Mandatory and Directory Provisions, Use of Shall or May , Must and Should , Use of ‘as he deems fit‘, ‘thinks necessary’, ‘considers necessary ‘, use of have regard to;

Construction of General Words, Noscitur a sociis, Ejusdem generis, Expression unius est exclusio  alterius, Retrospective Operation of a Statute;

General Clauses Act: Objects of the Act, Definitions Clauses, Scope and Application, Act, Enactment, Laws, General rules of Construction, Effect of Repeal, Computation of Time, Power and Functionaries, Provisions as to Orders, Rules, etc., made under Enactment, Miscellaneous Provisions;

Relevant Laws:

1. The General Clauses Act, 1897

Book recommended:

1. On the Interpretation of Statutes by Peter Benson Maxwell

2. Interpretation of Statutes by N.S. Bindra

3. Introduction to the Interpretation of Statutes by Dr. Avtar Singh

4. Interpretation of Statutes by Vapa P. Sarathi

5. The Interpretation of Statutes by R. D. Srivastava

6. Statutory Interpretation – Dr. John Bell and Sir George Engle

7. Interpretation of Statutes by Mahmudul Islam

8. The Interpretation of Statues by T. B. Latta Chattarjaya

9. The Interpretation of Statues by P.M. Bakshi

10. Interpretation of statutes William N. Eskridge, Jr

11.  Principles of Interpretation of statutes- Sh Shaukat Mahmood and

Sh Nadeem Shaukat

12. The General Clauses Act (3rd Edition), 2007 by DLR publication

13.  The General Clauses Act by VD Mahajan

14. Principles and Precedents of the Law of Convincing, Draftsman &   Interpretation of

Deeds & Documents by G. M.. Kothari

15. The Concept of Law by H L A Hart

16. Statute Law by Craies

17. Legal Maxims by Broom

18. The General Clauses Act by A. Matin

19. PURPOSIVE INTERPRETATION IN LAW, by Aharon Barak (translated by Sari

Bashi)

20. Constitutional Interpretation by Craig R. Ducat

Leading Cases:

1. Pepper v Hart [1993] AC 593

2. Smith v Hughes [1960] 2 All E.R. 859

3. Sigsworth, Re, Bedford v Bedford (1935; Ch 89)

4. Plessy v. Ferguson, 163 U.S. 537 (1896)

5. Marbury v. Madison, 5 U.S. (1 Cranch) 137; 2 L. Ed. 60 (1803)

6. Planned Parenthood of Southeastern Pennsylvania V. Casey, 505 US 833 (1992)

7. Bell ExpressVu Limited Partnership v. Rex, [2002] 2 S.C.R. 559, 2002 SCC 42

8. United States v. Morrison, Docket 99-5 (Decided May 15, 2000)

9. London and North Eastern Railway Co. V. Berriman (1946) 1 AC 278

10. Westminster City Council) v National Asylum Support Service [2002] 1 WLR 2956, para 32,

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)