Professional Documents
Culture Documents
Practice: Contemporanea
Exposito
Contemporanea Exposito Est
Fortissima In Lege
‘contemporaneous
exposition is the best
and strongest in
law’.
Principle particularly
applied to interpret
ancient statutes
The usage of the rule for the first
time
The significance of the doctrine
by the highest
executive
officers
is an admissible
The Controlling Effect of the Aid
Executive
Construction would
depend upon
Nature of rights
& property
affected by it
Weight of this Aid to Construction
Persuasive Value
It may be
It is not
disregarded in
decisive or
a clear case of
controlling
error
(6) Dictionaries
Dictionaries When words not
may be defined in an
consulted Act
Apar
t
from
the
com
mon
law
tradi
tions,
the
use
of
Engli
sh
langu
age
as
auth
orita
tive
text
of
Engli
sh
statu
tes,
also
oblig
es
the
India
n
court
s to
take
recou
rse to
forei
gn
decis
ions.
For example
B.Sudhakaran v. State of Ramavatar Budhaiprasad v.
Kerala (2010) 10 SCC 582 Assistant Sales Tax Officer, Akola
• The Supreme Court • To construe the word
referred to M’Naughten’s ‘vegetable’ in a taxing
case (1843) 8 ER 718 for statute, reference was
interpreting and applying made to a Canadian
the defence of insanity in decision interpreting that
section 84 of the Penal word in a similar statute.
Code which is modeled
on the English Law.
Another example…concept of
Reasonable Man…
R v. Kiranjeet Ahluwalia
Also….in a Malaysian case…
• “It is quite clear that the law of Malaysia has to be taken
from the Code and not from cases on the common law.
But when, as here, the Code is embodying common law
principles, decisions of the courts of England and other
Commonwealth countries in which the common law has
been expounded can be helpful in the understanding and
application of the Code.”
Shaaban Bin Hussein v. Chang Fook Kam
However, the courts may
also refuse such application
of foreign decisions owing to
different conditions
prevailing in India…
M.V. Elisabeth v. Harwan Investment & Trading
Pvt. Ltd. AIR 1993 SC 1014
Indian Law
English Law
Damage to a ship