Name of Faculty:- Dr.

RAJINDER KAUR RANDHAWA

Subject: - INTERPRETATION OF STATUTES
Paper Code: - LLB 406
Class & Section: - 4TH YEAR/ BALLB & BBALLB / ALL SECTIONS
Session/Batch: - 2017-22
Semester: - 8TH

SR. No.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

16

17

18
19
20

21

22

23

24
25
26

27
28
29
30
31
32
33
34
35
36
37
38
39

40

41
42
43
44
45
46
47
48
49

50

51
52
53
54
55
56

57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81

82

83
84

85

86
87
88
89
90
91
92
93

94
95

96
97
98
99
100
 MODEL QUESTIONS FOR ONLINE INTERNAL EXAMINATION

Name of Faculty:- Dr. RAJINDER KAUR RANDHAWA

Subject: - INTERPRETATION OF STATUTES
Paper Code: - LLB 406
Class & Section: - 4TH YEAR/ BALLB & BBALLB / ALL SECTIONS
Session/Batch: - 2017-22
Semester: - 8TH

QUESTIONS

The function of the legislature is to execute the law

Statutory interpretation is a function assigned to Judiciary
Statutes are the Enacted Laws
Interpretation is a process of "application of mind"
A judge is required to give meaning to the words used in the statutes as per the judgement of Supr
Legislation is the chief source of Law
Dictionaries does not give meaning of a particular word used in a statute
Language is a proper / good medium of communicating one's thoughts.
Some rules of interpreation are necessary to ensure just and uniform decisions
Rules of Statutory interpretation are binding upon the Courts
Rules of interpretation are formulated by the Executive
Primary function of the Courts is to declare the "will of legislature"
A Statute is a will of the legislature according to which Governments function
In the course of administration of Justice, Judiciary must apply law as laid down through the legis
Interpretation is necessary when case involves vague and ambigious aspects of the statute.
What is the kind of interpretation:- It is arrived at by the reference to the laws of speech, to the w
regards only the verbal expression of the legislature
What is the kind of interpretation :- It gives effect to the intention of the legislature by taking int
according to the rules settled in this behalf.
Principles of interpretation are not principles of law
Interpretation of a legal provision is always independent of the facts of a given case
A construction rejecting words of a statute should not be resorted to generally except for compelli
Where legislature has made an Act to be applicable to a particular class of persons, the s
construction.
The 'terms' of the statutes must be adapted to developments of the contemporary times rather than
Who defined interpretation as “a process by which the courts seek to ascertain the meaning of the
authoritative forms in which it is expressed"
Rules of Statutory interpretation are binding upon the Courts
The age old process of application of enacted laws has led to formulation of certain rules of inter
Interpretation of a legal provision' and 'its application to a set of facts' are two different exercises

There is always a difficulty of borderline cases falling within or outside the connotation of a word
The court must adopt a construction which will carryout the obvious intention of the legislature.
Duty of the Judicature is to act upon the true intention of the Legislature.
What is the conventional way to interpret a statute
Statute is the written will of Legislature.
The function of the Court is only to explain the law.
Court can also make new laws
The court must start with presumptions that the legislature did not make a mistake
Legislation in a modern State is actuted with some policy to curb some public evil or to effectuate
If there is a defect in the words used by legislature, the court can go beyond its aid to correct the d
What are the two aspects of Intention of Legislature
Both text and context are important. They are the basics of interpretation
Who said this: "the key to the opening of every law is the reason and spirit of the law"

In which case, Parking Areas of the airports held to be a ‘building'

"The art of finding out the true sense of any form of words" means?
"Act of drawing of conclusions, that lie beyond the direct expression of the text" means?
In common usage 'interpretation' and 'construction' are usually understood as having the same sig
The rules of interpretation would come into play only if there is any no doubt with regard to the e
Courts should avoid construction which would reduce the legislation to a futility
Basic rule of interpretation is that, plain words of a statute must be given effect to if they are clear
The question of applying the principle of strict or liberal interpretation would arise only in case of
The process of construction combines both literal and purposive approaches.
What is the meaning of the maxim "ex visceribus actus"
To ascertain the meaning of a clause in a statute the court must look at the whole statute, at what p
merely at the clause itself.
What do you mean by "ut res magis valeat quam pereat"
If there is a choice between two Interpretations, Court should choose the narrower interpretation
With reference to duration the statutes can be classified into 'mandatory statutes' and 'directory sta
With reference to method the statutes can be classified into 'temporary statutes' and 'permanent sta
Codifying Statutes- Code contains the pre-existing provisions in different statutes on the subject,
Consolidating Statutes- it collects all statutory enactments on a specific subject and gives them th
amendments
Term "Law" refers to the entire body of statutory, administrative, and common law provisions tha
The rules are the set of instruction which tells us the way things are to be done
Regulations can be defined as the rules which are authorized by the Government and approved by
Violation of any regulation does not cause any penalty or punishment
What are Internal Aids to Interpretation
Short title plays important role as an important aid to interpret the provisions of Act
Which part of statute gives the object of the Act
These are the notes which are inserted at the side of the sections in an Act, also known as side not
Marginal Notes express the effect of the sections in an Act
Marginal Notes prima facie furnishes some clue as to the meaning and purpose of the section
These are prefixed to sections or a group /set of sections
Headings are considered as preambles to those set of sections
Headings are important indications of the legislative intent
A heading to one set of section can act as an aid to interpret another set of sections
Definition Clause is also known as…?
In Definition Clause the word "includes" enlarges the scope of that word
Use of words "deemed to be " in the definition clause creates a fiction
Use of words "means and includes" along with the exhaustive explanation of the word must be gi
Definition clause of one Act can be used to explain the same words used in another statute
When a word is defined to ‘mean’ something, the definition is prima facie restrictive
When a word is defined to ‘include’ something, the definition is extensive
Inclusive definition is liable to be interpreted in an extended manner
A punctuation can be regarded as a controlling element and can be allowed to control the plain m
Illustrations being the show of mind of legislature are a good guide to find out the intention of the
Illustration is a part of the section and it helps to elucidate the principle of the section
Exceptions are generally added to an enactment with the purpose of exempting something which
the main provision
Exceptions affirms that the things not exempted are covered under the main provision
While taking help from internal aids, in case of repugnancy, the operative part must be relied on r
Provision in nature of an exception cannot be so interpreted as to subserve the main provision and
main enactment
Exception must be construed with regard to the principle clause
Saving clauses are generally appended in cases of repeal and re-enactment of a statute
New rights are created by saving clause
In case of clash, saving clause has to be rejected
Proviso enlarges the scope of the enactment.
In case of contradiction, the proviso will prevail being the last intent of the legislature.
With repeal of the main provision proviso also stands repealed.
Proviso qualify or exception certain provision from the main enactment

Proviso may entirely change the concept by insisting on certain mandatory conditions to be fulfill
The scope of the proviso is to carve out an exception to the main enactment and it excludes somet
within the rule
Explanations are inserted to remove doubts which might creep up in absence of such explanation
Explanation expands the meaning of provision
The claims or rights under the Act are to be asserted as provided under the schedules attached to t
Schedules may contain some subjects in form of lists
Deletion of the schedule can wipe out provisions of an Act in effect and spirit
 Answers

False / to make laws

1
1
1
False / as per the legislative intent
1
1
0
1
False
False / Courts
1
1
1
1

Grammatical / Strict interpretaion

Logical / Liberal Interpretation

1
1
1

Salmond

0
1
 1

TRUE / Fringe meanings

1
1
to seek legislative intent
1
1
0
1
1
0
1. Meaning 2. Purpose/object
1
Sir Jhon Nicholl
International Airport Authority Employees
Union v. International Airports Authority of
India,AIR 2001 SC 27
Interpretation
Construction
TRUE
0
1
1
1
1
Statute must be read as a whole in its context

TRUE / Explanation to ex visceribus actus

Statute to be construed to make it effective and workable

0
0
0
1

1
1
1
 0
Parts of Statute
0
Preamble
Marginal Notes
1
1
Headings
1
1
0
Interpretation Clause
1
1
0
0
1
1
1
0
1
1

1
1

1
1
0
1
0
1
1
1

1
1

1
0
1
1
1