Assignment on

Legal interpretation and the different rules of interpretation

on Literal, Golden, Mischief, harmonious and Beneficial
Interpretation.
Course Title: Interpretation of Statutes and General Clauses Act
Course Code: LLBH 411

Prepared for Prepared by

Course Teacher’s Name: KH MASHRUF SHAFI Student’s Name: Sadia Afrin
Teacher’s Post: Lecturer Student’s ID:191011054(2)
Department of Law Green University of Department of Law Green University of
Bangladesh Bangladesh

Date of Submission: 01/01/2022

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Table of Contents
PART----1 ..........................................................................................................................3
Introductory Issue .................................................................................................................... 3
1.1Introduction ...............................................................................................................................................3
1.2 Objectives of the Study.............................................................................................................................3
1.3 Methodology of the study ........................................................................................................................3
1.4 Limitations of the study ............................................................................................................................3

PART----2 ..........................................................................................................................4
Legal Interpretation ................................................................................................................. 4
2.1Definition of Interpretation of Law ...........................................................................................................4
2.2When is the interpretation done? .............................................................................................................5
2.3Need of Interpretation ..............................................................................................................................5

Discuss the different rules of interpretation focusing on Literal, Golden, Mischief,

harmonious and Beneficial Interpretation. ........................................................................6
PART----3 ..........................................................................................................................7
Literal Rule .............................................................................................................................. 7
3.1Meaning .....................................................................................................................................................7
Case Laws........................................................................................................................................................7
3.2Advantages and Disadvantages of the Rule: .............................................................................................8
3.4Criticism .....................................................................................................................................................8

PART----4 ..........................................................................................................................9
Golden Rule ............................................................................................................................. 9
4.1Meaning .....................................................................................................................................................9
Case Laws........................................................................................................................................................9
4.2The Rule's Advantages and Disadvantages .............................................................................................10
4.3Criticism ...................................................................................................................................................10

PART----5 ........................................................................................................................11
Mischief Rule ......................................................................................................................... 11
5.1Meaning ...................................................................................................................................................11
Case Laws......................................................................................................................................................12
5.2The Rule's Advantages and Disadvantages Advantages: ........................................................................13

PART----6 ........................................................................................................................14
Doctrine of Harmonious Construction in The Interpretation of Statutes................................... 14
6.1Meaning ...................................................................................................................................................14
6.2Features ...................................................................................................................................................15
Case laws: .....................................................................................................................................................15

PART----7 ........................................................................................................................15
Construction beneficial .......................................................................................................... 16
Case Laws......................................................................................................................................................16

PART----8 ........................................................................................................................16

Conclusion ............................................................................................................................. 17
Reference .......................................................................................................................17

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 PART----1

Introductory Issue

1.1Introduction
Legislation is written with a specific goal in mind. The judiciary has the obligation of
determining that intent. The process of determining the law's intent is referred to as
legislation interpretation.
Since the judiciary has been charged with interpreting the law in order to administer justice.
It is critical that the interpretation be done according to some rules so that the judges'
decisions are just and bring some coherence to the operational aspects of the law.

1.2 Objectives of the Study

This assignment has been conducted with the following objectives:
1. To develop an understanding legal interpretation.
2. To analyze different parts of the different rules of interpretation focusing on Literal, Golden,
Mischief, harmonious and Beneficial Interpretation.

1.3 Methodology of the study

The methods and techniques of data collection are the key mechanism in an obligation. The
method must be steady with the objectives of the study that can cover the whole area of
attention.
In this study, only secondary data have been composed. Secondary information has been
collected from concerned books, journals, periodicals, other materials and teacher lectures.

1.4 Limitations of the study

No assignment is free from certain limitations. Following are the limitations:
1. This study has been led in a specific ground especially in books, journals, periodicals, other
materials, and teacher lectures.
2. This study has been able within a short time. For such a time constraint, it is not possible
to collect detailed data and information on the issue in the current pandemic situation in the
world.

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 PART----2

Legal Interpretation
The definition of interpretation is "the act of explaining the meaning of something." In a legal
context, interpretation refers to the act of deciphering and interpreting the intent of a statute.
The term "interpretation" derives from the Latin word "interpretari," which means "to explain
or translate." The primary goal of interpreting a statute is to determine the law's intent.

The term comes from the Latin term 'interpretari,' which means to explain, expound,
comprehend, or translate.

The government is made up of three branches:

I. The Legislature,
II. The Executive,
III. The Judiciary.

These three branches serve distinct purposes. The legislature creates laws, the executive
implements those laws, and the judiciary interprets and enforces those laws.

2.1Definition of Interpretation of Law

According to Salmond, “Interpretation” is the process by which the court seeks to ascertain
the meaning of the legislature through the medium of authoritative forms in which it is
expressed.

Interpretation refers to exposing the true sense of the provisions of the statutes and to
understand the exact meaning of the words used in any text. Interpretation refers to the
linguistic meaning of the legal text.In the case where the simple meaning of the text is to be
adopted then the concept of interpretation is being referred to.1

The correct understanding of the law is achieved through the interpretation of statutes. This
procedure is commonly used by courts to determine the exact intent of the legislature.
Because the court's goal isn't just to read the law, but also to apply it in a meaningful way that
varies from case to case. It is also used to determine the actual connotation of any Act or
document in relation to the legislature's intent.

1 https://blog.ipleaders.in/rules-interpretation-statutes/1/1/2022 time:n7:22

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2.2When is the interpretation done?
Only when, is interpretation performed:

• The provision's language is ambiguous.

• It is unclear why the law was enacted.
• When a provision has two or more interpretations.
• When there are two or more possible interpretations of the provision.
• The provision's meaning contradicts the statute's intent.

2.3Need of Interpretation
It is necessary to interpret because--------

The difficult process of drafting laws results in a number of gaps and ambiguities in
the statute.
Because of the multifaceted nature of the language, the words, phrases, and terms
used in the statute can have varying meanings.
A law is never drafted by a single person, but rather by a group of people, which
results in linguistic incoherence.
Because of the complexities of their subjects, some statues use technical language.
Law's applicability shifts in response to new developments. 2

2https://blog.ipleaders.in/statute-interpretation-overview-and-analysis/

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 Discuss the different rules of
interpretation focusing on Literal,
Golden, Mischief, harmonious and
Beneficial Interpretation.

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 PART----3

Literal Rule
In this rule, the court must consider what the legislators are attempting to say rather than
what they may mean. It can only be used if the statute's words are clear and unambiguous,
and the language is simple.
3.1Meaning
The literal meaning of the words is taken into account in this rule. It is believed that the
legislature purposefully chose each word and intended that specific word to be legally
binding; no other words may be added or used. While interpreting the statute, no changes
may be made.
In Nand Prakash Vohra v. State of H.P., it was stated that if there is nothing to change and the
meaning of the statute is clear, then ordinary meaning should be assigned to the words of the
statute.

Case Laws

Case Law 1: Fisher v Bell

Facts: A shopkeeper was offering to sell offensive weapons. This offer for sale was an offense
under the Offensive Weapons Act 1959.

Decision: The court said that an offer for sale must be interpreted according to its ordinary
meaning and the display of the weapon on the shop does not mean offer and is only an
invitation to treat.

Case Law 2: Municipal board v. State Transport Authority Rajasthan

Facts: That, the Bus Stand was moved from its location.
That, an application could be made within 30 days from the date of the order according to
section 64A of the Motor Vehicles Act. The application was moved after 30 days.

Defense: The argument was that an application could be made after 30 days from the
knowledge of the order.

Decision and its Basis: The decision given by the Supreme Court stated that the literal meaning
of the word should be considered i. e. the application should have been made within 30 days
of the order. The court rejected the application.

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Case Law 3: Tata Consultancy Services v. State of A.P

Issue: In this case related to tax, the question before the court was whether computer
software can be taxed as goods.

Judgment: The court stated in the judgment that literal construction should be applied only if
there is any ambiguity or inconsistency in the statute otherwise the plain meaning is
sufficient.

3.2Advantages and Disadvantages of the Rule:

Advantages:
I. The court cannot apply its own bias.
II. The rule ensures consistency in interpretation.

Disadvantages:
I. It causes legal loopholes.
II. It could lead to an absurd outcome.
III. The rule may result in injustice.

3.4Criticism
This rule assumes that legal terms have a fixed meaning. Words are, in fact, imprecise, and
their meaning can shift over time.

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 PART----4

Golden Rule

This rule states that if the normal meaning of a word in a statute produces an absurd result,
the judges may deviate from that meaning.

4.1Meaning
This rule gives ordinary meaning to words used in statutes. However, if that ordinary meaning
results in an absurd result that is contrary to the intent of the legislature, the judge can give
the word a meaning that makes the statute rational. This is done so that the statute can
address the flaw that it was designed to address.
There are two scenarios:
If the word is a homograph and has two meanings, the appropriate meaning will be
given.
If a word only has one meaning, then the then the judge can give a completely
different meaning.

Case Laws

Case Law 1: Grey v. Pearson

The court stated in this case that the literal and normal meaning of the word should be
used in most cases, but if the normal meaning produces an absurd result, that meaning
should be avoided. To avoid the inconvenience, the word should be given a different
meaning.

Case Law 2: Adler vs. George

Facts: In this case, the defendant was charged under the Official Secrets Act of 1920.
The defendant was charged with impeding a member of the armed forces from carrying out
his duties. Obstructing a member of the armed forces "in the vicinity" of a prohibited area
was a crime.
Defense: The defendant claimed that he was present at the scene and not in the vicinity of
the scene.
Decision: The defendant was found guilty.
Basis for the Decision: The court interpreted the phrase “in the vicinity” to mean on or near
the place. On this basis, the defendant was convicted.

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4.2The Rule's Advantages and Disadvantages

Advantages:

It aids in producing a logical outcome.

It aids in the closure of any gaps.
It instills common sense in the law.

Disadvantages:

Judges have authority only when there is ambiguity.

A statute cannot be added to or modified by a judge.

4.3Criticism
The concept of absurdity is hazy. It's difficult to say what would be an absurd outcome.

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 PART----5

Mischief Rule

It is a statutory interpretation principle that states that the court should first examine the
legislature's intent. In this case, the judges first identify the flaw in the statute and then apply
the remedy to correct the flaw.

5.1Meaning
The Mischief Rule of Interpretation, also known as Haydon's Rule, is one of the most
important rules of interpretation. Mischief is commonly understood in legal parlance to be a
type of specific injury or damage caused by another person's action or inaction. However, in
the context of statutory interpretation, mischief refers to the act of preventing the misuse of
a statute's provisions. It is commonly referred to as the mischief rule because it focuses on
resolving mischief.

A statute must be construed in such a way as to suppress the Mischief, according to the
Mischief Rule of Interpretation. Mischief should not be included in the law. If an attempt is
made to include Mischief in any statute, it must be rejected.

Haydon’s Case:
Haydon’s case is considered a landmark case because it laid down the mischief rule of
interpretation of statutes.

Facts:

Ottery College, a religious college, gave a man named Ware and his son tenancy in a
manor.
As a result, the tenancy was granted in accordance with the copyhold. A copyhold was
a type of landholding in which the land was said to be held according to the lord's will
and manor customs.
The copyhold granted to the Wares was part of a package.
Following that, the parcel was leased to a man named Heydon.
Less than a year later, the college was dissolved, along with all other religious colleges,
as a result of a law passed by parliament.
That is, the law passed by parliament included a provision that kept the lease that had
been granted for more than a year in force.

Decision: As a result of the provision, the lease granted to the Wares was held valid but the
lease granted to Haydon was held to be void.

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Basis for Judgement: While making the decision, the court laid down the mischief rule. It was
stated in this case that the statute should be constructed by seeking the true intent of the
makers of the Act.

The judges stated that four considerations should be kept in mind while interpreting statutes:

1. The common law that existed before the Act.

2. The flaw for which common law did not provide.
3. What remedy did the parliament came up with to resolve & cure the distress of the
commonwealth Act?
4. What was the true reason for the remedy?

Case Laws

Case Law 1: Smith v. Hughes

In this case, the court examined the mischief behind the concerned Act.

Facts:

That, the defendant was a prostitute living at No. 39 Curzon Street.

That, the defendant used the premises for prostitution.
That, on a certain day, the defendant enticed men passing the street.
That, she solicited the men from her balcony.
Judgment: The decision was made in favor of the plaintiff.

Basis for Judgement: The judges examined the mischief the Street Offences Act aimed to
provide a remedy for. It was stated that since the Act was made with the intent of cleaning
up the streets, it did not matter if the prostitute solicited men from the street or the balcony.
Their decision was based on this ground alone.

If in this case, if the judges have used the literal meaning of the Act, then it would have been
considered that the defendant has not committed an offense.

Case Law 2: Elliot v Grey

Facts:

That, the defendant’s car was parked on the road.

That, the car was jacked and its battery was removed.
That, the defendant was charged under the Road Traffic Act 1930 because of using an
uninsured people on the road.
Arguments: The defendant argued in court that he was not “using” the car as it was parked
and not being driven.
Decision: The court did not rule in favor of the defendant.

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Basis for the Decision: The court applied the mischief rule and held that the Act under which
the defendant was charged was enacted to ensure that people were compensated in case of
an incident and the car was being used as it presented a hazard and hence insurance would
be required in case of an incident.

5.2The Rule's Advantages and Disadvantages Advantages:

Advantages:

It focuses on the purpose of the legislature in enacting the law.

It allows judges to use their reasoning skills.
It enables judges to take into account social and technological changes.
It allows for parliamentary control.
It aids in the avoidance of unjust outcomes.

Disadvantages:

The intent of the legislature is difficult to decipher.

It is regarded as an antiquated rule of interpretation.
It creates uncertainty in the law.
It is said to be undemocratic because it gives the judiciary, an unelected branch of
government, too much power. 3

3 https://blog.ipleaders.in/statute-interpretation-overview-and-analysis/1/1/2022 time 12:00

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 PART----6

Doctrine of Harmonious Construction in The

Interpretation of Statutes

Every person in a society recognizes the importance of the rule of law. Law can be viewed as
a tool for keeping society peaceful and problem-free, as well as for preventing conflicts
between people by regulating their behavior. Laws enacted to regulate society are drafted by
legal experts, and it is to be expected that many of the laws enacted will be vague and contain
ambiguous words and expressions. 4

6.1Meaning
This rule is used to avoid inconsistency and repugnancy within a section or between sections
of a statute. The rule is based on the simple premise that every statute has a purpose and
intent as defined by law and should be read in its entirety. The interpretation that is consistent
with all of the provisions and makes the enactment consistent shall be the deciding factor.
The doctrine adheres to a well-established rule that any interpretation that causes injustice,
hardship, inconvenience, or anomaly should be avoided. The interpretation that is closest to
justice must be chosen.

The Supreme Court established five fundamental principles of the 'Doctrine of Harmonious
Construction':
The courts must avoid a 'head of clash' of contradictory provisions, and they must
construe the contradictory provisions in such a way that they harmonize.

When it is impossible to reconcile the differences in contradictory provisions, the

court must interpret them in such a way that both provisions are given as much weight
as possible.

Courts must remember that any interpretation that reduces one provision to a
meaningless standing violates the spirit of 'Harmonious Construction.'

Harmonizing the provisions does not render them ineffective or invalidate any
statutory provision.

The provision of one section cannot be used to render the provision of the other
section ineffective unless the provision of the other section is also rendered
ineffective.5

4 https://www.legalserviceindia.com/legal/article-6955-doctrine-of-harmonious-construction-in-the-
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5 https://lawcirca.com/what-is-the-doctrine-of-harmonious-construction/1/1/2022 time 5:40

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6.2Features

The ultimate goal should be to make the law complete and consistent.

This rule can be used to harmonize two or more statutes.

A provision of one statute cannot preclude the application of another.

A construction that eliminates one part of the statute is not considered harmonious.

Case laws:
Re- Kerala education bill 1951
In this case it was held that in deciding the fundamental rights the court must consider the
directive principle and adopt the principle of harmonious construction. So, two possibilities
are given effect as much as possible by striking a balance.
East India hotels ltd. V. Union of India (2001)
It was held that an Act is to be read as a whole, the different provisions have to be harmonized
and the effect to be given to all of them.
Qureshi v. State of Bihar
In this case supreme court held that the state should implement directive principle in a way
so as that it will not interfere fundamental right.
Bhatia international v. bulk trading (2003)
It was held that if more than one interpretation is possible for a statute than the court has to
choose the interpretation which shows the intention of the legislature.
P.S Sattappan v. Andhra bank ltd. (2004)
The supreme court held observed that one cannot interpret a section in a manner which
would lead to a conflict between two sub sections of the same sections.
Sarabjit Rick Singh v. Union of India (2008)
The apex court observed that a construction giving effect to all provisions of the statute
should be adopted.
S. Nagraj v. B.R. Vasudeva Murthy (2010)
The apex court held that statutes opposing provisions but with same subject matter have to
be read together.
SBEC Sugar Limited v. Union of India (2011)
It was held that a cardinal principle of construction is that the provisions of the notification
have to be harmoniously construed as to prevent any conflict with the provisions of the
statute. 6

PART----7
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 Construction beneficial
Some laws are specifically designed to benefit a specific group of people.
Among these are:

1. Consumer Protection Act

2. The Industrial Disputes Act
3. The Juvenile Justice Act
4. Factories Act
5. And other socio-economic legislations

The rule of beneficial construction states that when a law has two meanings, one gives the
benefit and the other takes it away. The meaning that provides the benefit should be used.

Case Laws
Case Law 1: Hindustan Lever Ltd v Ashok Vishnu Kate
The court stated that when a law is enacted for social welfare. The construction which extends
the intended benefit to the people should be made.

Case Law 2: Noor Saba Khatoon v. Mohammad Quasim

The Supreme Court held in this case that the provision for maintenance under 125 of Civil
Procedure Code and maintenance of children under 2 years are independent of each other
and no legislation which is passed subsequent to it can affect the provisions.

PART----8
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 Conclusion
As a result, interpreting statutes is an important process. Furthermore, it is critical that the
interpretation is carried out in accordance with the various rules that have been established.
The rules must be followed to ensure that judges do not arbitrarily exercise the authority that
has been bestowed upon them.

Reference

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1. https://blog.ipleaders.in/statute-interpretation-overview-and-
analysis/31/12/2021TIME10:20
2. https://blog.ipleaders.in/statute-interpretation-overview-and-analysis/1/1/2022
time 12:00
3. https://www.legalserviceindia.com/legal/article-6955-doctrine-of-harmonious-
construction-in-the-interpretation-of-statutes.html 1/1/2022 time 4:20
4. https://lawcirca.com/what-is-the-doctrine-of-harmonious-construction/1/1/2022 time 5:40
5. https://www.legalserviceindia.com/legal/article-3743-doctrine-of-harmonious-
construction.html1/1/2022 time 5:30

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