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LAW 400 Old Batch
LAW 400 Old Batch
Course Description
Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, especially the
modern Acts and Rules, are drafted by legal experts and it could be expected that the language
will leave little room for interpretation or construction. But the experience of all, who have to
bear and share the task of application of law, has been different. It is quite often observed that
courts are busy unfolding the meaning of ambiguous words and expressions and resolving
inconsistencies. The age old process of the application of the enacted laws has led to formulation
of certain rules of interpretation or construction. “By interpretation or construction is meant”,
says Salmond, “the process by which the courts seek to ascertain the meaning of the legislature
through the medium of authoritative forms in which it is expressed”. A statute is an edict of the
Legislature and the conventional way of interpreting and construing a statute is to seek the
intention of its maker. A statute is to be construed according to the intent of them that make it
and the duty of judicature is to act upon the true intention of the legislature.
Course Objectives
1. To understand the concept of Interpretation and construction & difference thereto.
2. To understand and examine the relevancy of various principles of interpretation
3. To identify the roles of judiciary in ascertaining meaning of any statute or in law making.
4. To assess the judicial trends in India
Course Outcomes
On completion of this course, the students will be
1. Acquainted with the concept and various types of Statutes.
2. Appreciate the relevancy of interpretation of the statute.
3. Learn the mechanism to find out the real intent of the legislature in making of the
particular Statutes.
4. Understand the relevancy of Internal and External Aid of Interpretation.
5. Apply the various doctrines of Constitutional Interpretation.
Pedagogy
School of Law and Governance
A various learning methods will be used which will emphasize a cooperative learning format.
Student led discussions and presentations will be combined with instructor facilitated
experiences and lectures. Specific methods include:
Evaluation Scheme:
Text Books
1. B.M. Gandhi, Interpretation of Statutes, Eastern Book Company, 2nd Edition, 2014.
2. T. Bhattacharya, Interpretation of Statutes, Central Law Agency, 6th Edition, 2013.
Reference Books
1. Justice G.P. Singh, Principles of Statutory Interpretation, Lexis Nexis, 12th Edition, 2010
2. N.S. Bindra’s Principles of Interpretation, Lexis Nexis, 10th Edition 2011.
3. Sir Peter Benson Maxwell on Interpretation of Statutes 6th Edition, 1920.
Course Content
Module: 1. Introduction 6 Lectures
Meaning, Objects, Nature and Scope of ‘Interpretation’ and ‘Construction’
Types of Interpretation and Statute
Cases:
1. P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578
2. Padma Sundara Rao v. State of Tamil Nadu (2002) 3 SCC 533
3. D.M., Aravali Golf Club v. Chander Hass, 2007 (14) SCALE 1
4. Bhatia Internationa lv. Bulk Trading S.A.(2002) 4 SCC 105
Harmonious Construction
Cases:
22. Sri Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255
23. K.M. Nanavati v. State of Bombay, AIR 1961 SC 112
24. Calcutta Gas Co. v. State of West Bengal, AIR 1962 SC 1044
25. Sirsilk Ltd. v. Govt. of Andhra Pradesh, AIR 1964 SC 160 :(1964) 2 SCR 448
26. The Remington Rand of India Ltd. v. The Workmen, AIR 1968 SC 224 : (1968) 1 SCR
164.
Subsidiary Rules of Interpretation
Ejusdem generis
Noscitur a sociis
Cases:
27. Hamdard Dawakhana v. Union of India, AIR 1960 SC 55.
28. Calcutta Municipal Corporation v. East India HotelsLtd., AIR 1996 SC 419
29. Oswal Agro Mills Ltd. v. CCE, 1993 Supp. (3)SCC 716
Parliamentary History
Parliamentary proceeding
Later Developments
Dictionaries
Foreign Judgments
Cases:
33. Shashi Kant Laxman Kale v. Union of India, AIR 1990 SC 2114 :(1990) 4 SCC 366
34. S.R. Chaudharyv. State of Punjab (2001) 7 SCC 126
35. State of Mysore v. R.V. Bidap, AIR 1973 SC 255