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Notes Compiled By: Interpretation of Statues
Notes Compiled By: Interpretation of Statues
Statues
Notes Compiled By
[INTERPRETATION OF STATUES]
Osmania University Syllabus Notes Compiled By LSF For May 2016 3YDC IV
Semester Exams
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
1Q. Explain the term interpretation and statute and distinguish
between interpretation and contraction?
Ans. Interpretation means of find out the meaning or to discover the
meaning it is stated that when the job of legislative ends them the job of
Judiciary begins there is arguments is the court relating to provisions of law
called as interpretation there is interpretation of both sides advocates on
point of law and judge mat admit sound interpretation when both
interpretation are not sound them both interpretation are not sound then
judge may apply his own interpretation and deliver the judgment object of
interpretation is to enforce actual interaction of the legislation
EX: In probation of dowry act terms downy has been interpretation
anything given voluntary is gift and not a dowry anything claimed under
threat infusions or pressure is dowry
EX: The term cruelty has been interpretation has physical or mental
harassment for a reasonable period and one or two incidents are not
enough
Statute means any act enacted by parliaments or state assembly when
any matters goes is the court then interpretation goes in the court then
Judgment of statutes is necessary of the court is depends on interpretation
which is admissible in the court
Types of interpretation :-There are different types of interpretation as
follows
1. Customary interpretation :- In CI customs in that family or
religions is taken into contraction
Ex:- customs of marriage without septapadi, customs of marriage in
relationship
2. Logical interpretation:- in LI judge well not believe some facts .
Ex:- if there is rape charge against „x‟ and medical report say that he
is important than judge have to interpret it
Ex:-there is murder charge against „x‟ and „x‟ prove that on date of
crime he was in U.S.A. judge have to admit this interpretation
Interpretation Construction
Interpretation is later Construction is first pillar
It is done by legal experts it is done by person who are not experts
there can be different interpretation there is common intention
there is dis creation of judge there is no dis creation to judge
6Q. Briefly explain internal aid and external aid necessary for
interpretation of statutes?
ANS : Every statutes advocate have to make interpretation and arguments
he has to prepare the case , before presentation in the court . advocate
have to collect relevant material from different sources called as internal
help and external and external aid or “intrinsic or extrinsic”
ANS:- Law cannot be rigid society is dynamic and law cannot be static,
Acc to requirement of society changes of society changes come in law and
judgment of courts.
SHORT NOTES
1.) Review petition is filled before same judge after the judgment.
2.) Copy of the judgment to be enclosed and error committed by
the court to be specified in the petition.
3.) Review petition to be filed with in one month from date of
judgment.
4.) Judge make hearing of both sides.
5.) When judges failed that there is error then it is rectified .if there
is no error then review petition is dismissed.
Became of review petition there is no need to go on appeal it time and
money of the party.
5Q.Harmonious construction
Ans:- It means such construction of the statues which prevent conflict with
some statute and other statute and
other statues following are the rules relating to harmonious construction.
1.) There should be enforcement of all rules of grammar in framing the
section . such as common, full stop and use of legal terms.
2.) All legal principal to be followed.
3.) If necessary sub section clauses have to be added.
4.) There should be co-ordination and sequence in sections.
5.) There should not be overlapping in the section.