Nature of statues and their classification
Introduction A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law that
Anil Sharma HPS
November 28, 2023
Interpretation of Statute
Doctrine of Per Incuriam with landmark case laws
The exception of per incuriam under the doctrine of precedents can be understood in two ways. Per incuriam means “carelessness”, although in practice it is understood as per ignoratium,
Anil Sharma HPS
September 8, 2023
Golden Rule of Interpretation with case laws
Introduction The golden rule of interpretation is a modification of the literal rule of interpretation. Where the literal rule lays emphasis on the literal meaning
Anil Sharma HPS
September 8, 2023
Mischief Rule under Interpretation of Statute with case laws
Mischief or Hyden Rule of Interpretation Introduction The mischief rule of statutory interpretation is the oldest of the rules. The mischief rule is a rule
Anil Sharma HPS
September 8, 2023
Literal Rule in Interpretation of Statute with case laws
Literal Rule of Interpretation Introduction The first principle of interpretation is the literal or grammatical interpretation which means that the words of an enactment are
Anil Sharma HPS
September 8, 2023
Rules of Interpretation of Statutes
Rules of Interpretation of Statute and their Importance Introduction The Parliament makes laws and these laws are further interpreted by Judges using the maxims of
Anil Sharma HPS
September 7, 2023
Doctrine of Pari Materia in Interpretation of Statute
The basic rule of interpretation is to give effect to the plain meaning of the statute. If it is not clear and ambiguous, then the court can take recourse of different aids of interpretation.
Anil Sharma HPS
September 4, 2023
Ratio Decidendi and Obiter Dicta under Interpretation of Statute
Ratio decidendi is a legal phrase that translates from Latin to mean “the reason,” or the motivation behind a legal decision. Ratio includes all the principles a court
Anil Sharma HPS
June 2, 2023
Doctrine of Stare decisis in Interpretation of Statute
Stare decisis is also known as the concept of precedent, which means the decision taken by the higher courts shall be followed/binding on the lower courts
Anil Sharma HPS
June 2, 2023
RULE OF PURPOSIVE CONSTRUCTION WITH CASE LAWS
The purposive approach sometimes referred to as purposive construction, purposive interpretation, or the “modern principle in construction” is an approach to
Anil Sharma HPS
June 2, 2023
Noscitur A Sociis and Pari Delicio.
The rule of noscitur a sociis is based on the maxims: “A man is known by the company he keeps” and “Birds of a feather, flock together”.
The rule says that words used in an Act of Parliament
Anil Sharma HPS
March 26, 2023