• CONSUMER PROTECTION ACT

On the application of the complainant or of its own motion, the State

Commission may, at any stage of the proceeding, transfer any complaint
pending before the District Forum to another District Forum within the State
if the interest of justice so requires
• IPC
Punishment for criminal breach of trust.—Whoever commits criminal breach
of trust shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
• CONSTITUTION
“Untouchability” is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of “Untouchability” shall be an
offence punishable in accordance with law.
• INDIAN CONTRACT ACT
When the person to whom the proposal is made signifies his assent thereto,
the proposal is said to be accepted. A proposal, when accepted, becomes a
promise;
Statute- Definition
• A statute is a rule or law which has been made by a government or
other organization and formally written down.
 DIRECTORY MANDATORY

WORDS- may , can Shall, must, is

However sometimes even “MAY” can be
mandatory and vice versa
\ Permissive in nature If followed by consequences - imperative

Non compliance leads to an Non-compliance leads to ILLEGALITY

IRREGULARITY at most
SCOPE AND OBJECT OF LEGISLATION IN
BOTH FORMS MATTER
Most often does not Most often creates duty
A provision may have both mandatory and directory characteristics
Eg. Disher Vs. Disher
“at the conclusion of the evidence for the complainant, the defendant may address the court.”
Held- Directory / discretionary for the defendant
Mandatory for the courts
Nature of Procedural Laws usually directory
Jagannath vs. Jaswant Singh
When a special law provides for procedure and no consequences for non- compliance it is
merely declaratory in nature- S.82 Representation of the People Act.
Sangram Singh Vs. Election Tribunal
It was observed that the prime object of law being to facilitate justice and not to impose
punishments, procedural legislations should not be given such technical constructions as
would DEFEAT THE PURPOSE OF LEGISLATION which is to do justice to both parties.
HEADINGS
• They are prefixed to a section or a group of sections
• The rules applicable to the preamble are applicable are also followed
in case of headings also while interpretting.
• If the plain meaning of a provision is ambiguous one can refer to the
heading to get clarity.
• A heading to one set of sections cannot aid in interpretting another
set of sections. But a chapter heading can help in the interpretation
of sections covered under other headings of the same said chapter.
• Bhinka Vs. Charan Singh
Definition Clause
• Usually provided at the start of the act.
• It extends definitions of words provided in the act
• Generally the meaning given to a particular word are applicable all through the act
unless otherwise specified.
• The definition provided in one act of a particular word does not imply same
definition of the word in another act unless specified.
• Usage of the terms “means and includes” , “means”
• MAHALAKSHMI OIL MILLS VS STATE OF ANDHRA PRADESH
Interpretation of the word “tobacco” u/s 4 of Central Excises and Salt Act, was in
question which said, “Tobacco means any form of tobacco whether cured or uncured
and whether manufactured or not includes the leaf stalks and stems of the plant”
• Provisos
• Subject matter to be included in the substantive provision.
• Provisos not to be taken in their strict sense but to the ambit of the
section it qualifies.
• In case of contradictions the proviso is considered the last thought of
the legislation and thus proviso should prevail.
T.M. Kaniyan Vs. Income Tax Officer
Proviso does not prevail
Vishesh Kumar Vs. Shanti Prasad
The proviso cannot be interpreted to defeat the meaning of the
substatantive provision.
• An animal means a dog or a cat
• An animal means a dog or a cat and includes any type of feline
creature.
• Ardeshir Vs. Bombay State
• The owner of a SALT WORKS was prosecuted for working the same
without obtaining a licence as per section 6 of the Factories Act 1948
and argued that the salt works did not come under the definition of a
factory. Definition as per the act is “Factory means any premises
including the precincts thereof….and” The court held that use of the
term INCLUDES made it an inclusive definition and therefore
enlarged the meaning of premises and did not necessitate precincts to
each premise.
ILLUSTRATIONS
• They show the mind of the legislature and therefore are a guide to the intention of
the framers of the constitution.
• An enactment otherwise clear cannot be given an extended or restricted meaning
on the basis of illustrations.
Dagdu Vs. State of Maharashtra
There was a conflict between S 114 Illustration B and S. 133 of the Indian
Evidence Act. The former reads “The Court may presume that an accomplice is
unworthy of credit, unless he is corroborated in material particulars.” While the
latter states that, “an accomplice shall be a competent witness against an accused
person and a conviction is not illegal merely because it proceeds upon
uncorroborated testimony of an accomplice.”
• “ An accomplice shall be a competent witness against an accused and
a conviction is not illegal merely because it proceeds upon
uncorroborated testimony of an accomplice.” The latter was
considered not good in law and corroboration necessary for
conviction.
• EXCEPTIONS and SAVINGS CLAUSE
• It is the part of a provision which creates exemption.
• In case of conflict between and operative part and an exception the
operative part shall be relied on.
• Saving clauses are usually provided while repealing acts. Its purpose is
to restrict rights that are created under the act.
• In case of clash between a substantive provision and a savings clause
it is the former that will prevail.
• Shah Bhojraj Kuverji Oil Mills Vs. Subhash Chandra Yograj Sinha
The SC did not allow the saving clause to be used as an aid to interpret
whether the act was of retrospective or prospective nature.
EXPLANATIONS
• Usually provided at the end of a provision. To give meaning to words
mentioned within the provision.
• CRPC SEC. 1 explanation of the word “ tribal areas”
• It’s purpose is not to expand the meaning of a provision but to remove
confusion .
• It may not necessarily be added at the time of making of the provision.
• In case of conflict between the provision and its explanation the court
should try to HARMONIZE the two.
SCHEDULES
• Schedules are a part of the Act.
• They can be referred to for interpreting the main body of the Act.
• Eg. Union list State List Provided under the Constitution.
• M/s Aphali Pharmacueticals Limited Vs. State of Maharashtra
The court held that in case of a clash between the act and the schedule the act shall
prevail. The court held that Ashwagandharist which is an ayurvedic preparation and
contains self generated alchohol but not capable of being consumed as ordinary
alcoholic beverage would be exempt from excise duty.
PUNCTUATION
• Punctuations can alter the meanings of a provision
• However if an interpretation bearing in mind the punctuation takes away from the
act then the court shall read such provision without any relevance to punctuations.
• A.K. Gopalan Vs. State of Madras
The SC held that the comma used in art. 22(7) and the use of the word
“which” twice made shows that the framers wanted the provision to be
read disjunctively and not conjunctively. However the same was
overruled by Shambunath Sarkar Vs. State of West Bengal.
Mohammad Shabbir Vs. State of Maharashtra
S. 27 of the Drugs and Cosmetics Act was brought into question. “The
provision says that whoever manufactures for sale, sells, stocks or
exhibits for sale or distributes a drug without licence will be liable to
punishment.” The SC held that mere stocking of drugs is not punishable
only where “stocking” is done for the purpose of sale is punishable. Due
to the absence of a comma after the stocks which means that the word
“stocks or exhibits” are both qualified by the words “for sale”.
Non- obstante Clause
A non-obstante clause is generally appended to a section with a view to give the
enacting part of the section, in case of conflict, an overriding effect over the
provision in the same or other Act mentioned in the non-obstante clause. It is
equivalent to saying that in spite of the provisions or Act mentioned, the non-
obstante clause the provision following it will have its full operation or the
provisions embraced in the non-obstante clause will not be an impediment for the
operation of the enactment or the provision in which the non-obstante clause occurs. 
• Eg. Section 238 of the Insolvency and Bankruptcy Code, 2016, which is termed as
a non-obstante clause states :
• “The provisions of this Code shall have effect, notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or
any instrument having effect by virtue of any such law.”
EXTERNAL AIDS OF INTERPRETATION
• While internal aids are found within statutes external aid is the help
available for interpretation outside the act.
Dictionaries
• As a rule words should be interpreted in their ordinary sense.
• Dictionaries can be referred to find out the ordinary meaning of a
word.
• Courts need to be careful as the ordinary meaning of the word in a
dictionary may not achieve the purpose of the act. Thus the context
plays an important role.
• Alamghir Vs. State of Bihar
• “ Whoever takes or entices away any woman, who is and whom he
knows has reason to believe to be the wife of any other man, from
That man, or from any person having the care of her on behalf of that
man, with intent that she may have illicit intercourse with any person, or
conceals or detains with that intent any such woman, shall be punished
with…”.
• Commissioner of Income Tax, Bangalore VS. venkateswara
Hatcheries
Meaning of the word “produce” mentioned in the Income Tax Act 1961,
it was permitted to refer the dictionary for the meaning as long as the
meaning does not diverge from the meaning provided under the act.
• Text Books
Textbooks have been accepted as well as rejected when it comes to
using them as aids of interpretation.
• Manu, Kautilya, Mulla all have been quoted from time to time
• Kesavananda Bharti case quotes several books however court was of
the opinion to take reference while keeping in mind the whole
context of the legislation.
• Justice Krishna Iyer
Quoted Shakespeare Merchant of Venice
“Imprisonment is not to be ordered merely because, like Shylock the
creditor says, I crave the law, the penalty and forfeit of my bond.”
Bible
“Mercy is reasonable in the time of affliction as clouds of rain in the
time of drought.”
• Apart from J.K. Rowling, who appears in a number of judicial decisions
because of her own litigiousness, the most-cited female authors
include Harper Lee, Mary Shelley, and Jane Austen. 
• Since the first published citation to Emma in 1978, Jane Austen’s
works have been invoked 27 times in American legal decisions,
including references to Mansfield Park, Northanger Abbey, and, of
course, Pride and Prejudice. In many decisions, Jane Austen herself is
mentioned apart from any specific text. She has appeared in
municipal, state, and federal court opinions”
• “ in a medical malpractice case, the court denied the plaintiff’s cause
of action because “it is a truth universally acknowledged that she who
comes into equity must come with clean hands.”-Jane Austen
• Historical Background
• History of the act can be looked into to find true meaning of the act.
• However interpretations should not be solely based on the mind of the
legislature but also on the words of the act.
• It is important to look into the subject matter of the act and also the
mischief to curb which it has been made.
• Alexandrowicz wrote a short monograph: Constitutional Developments
In India. He pointed out that courts were frequently ignoring the
constituent assembly’s debates about the framing of our Constitution
when deciding constitutional cases. He felt that this was a mistake as
the debates offered valuable guidance.
• LEGISLATIVE HISTORY
• Relevance of legislative debates, Committee reports and statement of
objects and reasons.
A.K. GOPALAN VS STATE OF MADRAS
• Disallowed a speech made during the debate of the bill to be
considered as an aid to interpretation. They opined that the speech was
indicative of the mind of the speaker.
KESAVANAND BHARATHI VS STATE OF KERALA
• Justice Shelat Grover, Reddy Palekar and Mathew opined that the
speeches made by the Constituent Assembly could always be perused
to find out the true intention of the framers of the Constitution
regarding the Constitution of India. This opinion however was limited
to only the Constitution and not other legislations.
• Statement of Objects and reasons not considered a strong aid of
interpretation- State of West Bengal Vs. UOI
K.P. Varghese Vs. Income Tax Officer
Speech made by the mover of the Bill can be referred to by the Court for
ascertaining the mischief sought to be amended by the legislation. In
this case the speech made by the Finance Minister while moving the
amendment introducing S. 52 (2)of the Income Tax Act.
R.S.Nayak Vs. A.R. Antulay
Reports of Committee, Commission and jt. Parliamentary Committee
are permissible external aids to interpretation.
Indira Sawhney Vs. UOI
The terms “backward classes of citizens” came into question a reference
was made to the speech made by Dr. B.R.Ambedkar to understand the
context, background and objective of the expression.
Practice – Judicial, Conveyancing, Administrative and Commercial.
• On occasion courts have accepted practice/usage as an aid to
interpretation. However if there is a conflict between the written law
and a practice the law will prevail.
SAJJAN SINGH VS STATE
• The HC refused to follow an administrative practice stating that if a
practice is basically wrong it does not deserve consideration even
though the practice might be continuing for a long time.
BLANKLEY VS GODLEY
• The expression “taking off” of the Air Navigation Act was in question.
The court in order to understand the above expression and expressions
like “cross-wind” and “ duty runway” called upon a flying instructor to
understand the spots that these expressions signify.
INTENTION OF LEGISLATURE
SUPREMACY OF LEGISLATION
• SALMOND – The duty of the judicature is to discover and act upon
the intention of legislature.
• Role of the Judiciary is to expound and NOT TO LEGISLATE
Rules that Courts must follow while interpreting the law:
1) It has to presume that the legislation is not a mistake
2) They should interpret the section in a way as to ensure the intention
of legislature is carried out
3) The court cannot bring changes in the interpretation of an act unless
the Act does not make sense as it is.
Sententia Legis – To find out the true meaning of the legislation.
According to BLACKSTONE Intention of Legislature is based on:
• Words
• Context
• Subject Matter
• Effects and Consequences
• Spirit
• Reason for passing the law
• Intention of the legislative body
LITERAL RULE OR STRICT RULE OF INTERPRETATION
ALSO KNOWN AS GRAMMATICAL RULE
• The FIRST rule of interpretation also the cardinal rule of
interpretation.
• Words are to be given their ORDINARY and NATURAL meaning as
long as it is clear irrespective of consequences.
• Similarly court should give technical meaning to technical words.
• It is the Safest Rule.
• OBJECT –This rule is based on the principle that the legislation has
expressed their intention through their words and thus they have to be
interpreted as they are.
• Taxation Statutes , Penal Statutes
Maqbool Hussain Vs. State of West Bengal
Appelllant does not declare on arrival at an airport that he is carrying gold. The gold
found in his possession was confiscated for being in violation of 167(8)n Sea
Customs Act. Also he was charged u/s 8 of Foreign Exchange Regulation Act. The
appellant pleaded that he had already been tried under the Sea Customs Act by
confiscation of the gold. Thus inferring that it was a violation u/a 20(3) of the
Constitution.
The Court held that the Sea Customs Authority is not a court or a judicial tribunal
and neither does confiscation amount to an act of prosecution thus allowing the trial
under FERA.
A. R. Antualay VS. R.S.Nayak
The SC held that the Court should read a provision as it is and cannot rewrite a
provision as it is and cannot rewrite it to suit its convenience nor does any canon of
construction permit the court to read the section in such a manner as to render it to
some extent otherwise.
• Seksaria Cotton Mill Ltd. Co. VS. State of Bombay
• Essential Supplies Act 1946 every manufacturer was required to
submit “true and accurate information” about his dealings and
delivery. Delivery defined as physical delivery. Where two
interpretations are there we interpret in favor of the accused.
The Golden Rule of Interpretation also known as the MODIFYING
METHOD OF Interpretation.
• As a rule the court must find out the intention of legislature from the
words used in the statute itself. However if the same leads to:
Absurdity
Repugnance
Inconvenience
Hardship
Injustice or evasion
One might require to modify its meaning keeeping in mind the intention
of legislature.
• On occasions a literal interpretation may lead to certain consequences
NOT intended by the legislature.
• Thus Golden Rule allows you to address the mischief which may arise
if the provision is given a literal interpretation and to ensure that the
object of the act is achieved.
• For eg. In some cases the court if using literal/strict rule of interpretation
may give in an unrestricted meaning to a word like person, man etc.
whereas the intention of the legislature was to provide restricted
meaning and vice versa.
• State of Punjab Vs. Qaiser Jehan Begum
S.18 of the Land Acquisition Act,1894 was brought into question. The
respondent made an application under the said provision within 6 months
from her KNOWLEDGE of the award regarding compensation,
Whereas the section says that the reference has to be made within 6 months from
the date of the award. The SC held that unless an award of compensation comes to
knowledge either actually or constructively how can a reference be made to the
award. Thus justice and fair play required counting the period of limitation from
the date of knowledge of the award.
• Fundamental Rights under the Constitution
• Lee vs. Knapp
The word “STOP” U/S 77(1) of The Road Traffic Act,1960 was brought into
question which required a driver who caused an accident to stop after the
accident. In this case the driver stopped for a moment after causing an accident
and then moved away. The court applying the golden rule of interpretation held
that the section had not been complied with as it required the driver stopping for a
reasonable period of time for necessary persons to make inquiries.
Karnail Singh Vs. Mahinder Kaur
Art. 21“No person shall be deprived of his life or personal liberty except
according to a procedure established by law.”
• POCSO
S7. Sexual Assault - Whoever, with sexual intent touches the vagina,
penis, anus or breast of the child or makes the child touch the vagina,
penis, anus or breast of such person or any other person, or does any
other act with sexual intent which involves physical contact without
penetration is said to commit sexual assault.
PUNISHMENT
A PERSON/ He who, commits sexual assault, shall be punished with
imprisonment of either description for a term which shall not be less
than three years but which may extend to five years, and shall also be
liable to fine.
• Harmonious Construction
• When 2 or more provisions are repugnant the court will interpret them
in such manner if possible as to give affect to both of the provisions by
harmonizing them with each other.
• This can be done by
- Interpreting that the provisions deal with separate situations
- One is the exception of the other
Eg. Women shall be protected from prostitution under the act.
All men and women shall be punished under this act.

• The basis of this principle is that the legislation will not intend to
contradict itself.
• There cannot be a presumption that the legislation would want to contradict itself.
• Art. 254 of the Constitution with regards repugnancy of provisions belonging to
the Concurrent List
• State of Bombay Vs. F.N. Balsara
• Raj Krishna Vs. Binod
• Venkatramana Devaru Vs. State of Mysore
• T.M.A. Pai Foundation Vs. State of Karnataka – Assignment

Difference between interpretation and construction

“Interpretation involves ascertaining the meaning of words, construction refers to
their legal effect.”
When the simple meaning of the legal text is to be drawn, then that will be called
an interpretation. Conversely, when the literal meaning of the words used in the
legal text results in ambiguity, then construction is opted, so as to decide whether
the case is covered by it or not.
The Mischief Rule
Heydon’s Case
The Ottery College a religious college gave tenancy of a manor to a man
and his son called the Wares. The tenancy was based on a copyhold for
their lives subject to the will of the lord and custom of the land. Later the
college leased the same parcel to Heydon for a period of 80 years.
Within a year of the lease the Supression of Religious Houses Act was
introduced.
The college lost it’s land and rent. However there was a provision in the
Act that keptin force any grants which were more than a year from the
enactment of the statute.
The court held that the grant made to the Wares was protected under the
Act and the lease to Heydon was void.
• Thus this case applied the Mischief rule for the first time – 1584
• Rules laid down were
 What was the common law before the making of the Act
What was the mischief or defect for which the common law didot
provide
What remedy did the Parliament provide to cure the disease of the
commonwealth
The true reason of the remedy and to suppress subtle inventions and
evasions for continuance of the mischief
• Also known as the rule of Purposive Construction.
• Pro Bono Publico – for the public good -in favour
• Pro privato commodo – for private benefit - against
• Role of The Judiciary is to Suppress the Mischief and advance the
remedy.
• Smith Vs. Hughes
• Ranjit Udeshi Vs. State of Maharashtra
• State of Maharastra Vs. Natwarlal
 TEST
1. All males below the age of 18 years are exempt from the death penalty.
2. POCSO
 Sexual offences shall include any act of sexual character conducted to a
child.
Argument was whether when a man forces a child to conduct sexual acts on
him would be within the ambit of the Act
Object of the Act to protect children from child abuse.
3. Whistleblowers Act
Any information released in favor of public good shall not be punishable
under the law.
Any information threatening the national security of our nation is
punishable under the law.
BENEFICIAL CONSTRUCTION/ LIBERAL INTERPRETATION
• If the natural meaning of the words used in a statute clearly omit
certain cases then words should not be strained so as to include them.
• If an act is made for the benefit for a category of people. If any
provision is ambiguous and thus has multiple interpretations the one
which retains the benefit should be adopted.
• Beneficial construction is a tendency more than a rule.
• Beneficial statutes are also known as social welfare legislations.
• A subsequent law cannot be interpreted to defeat the effect of a
beneficial legislation unless clearly mentioned.
• Kanailal Vs. Paramnidhi
• https://blog.ipleaders.in/statute-interpretation/
• Statute Must be Read as a whole
• Derived from the principle “ ex visceribus actus” meaning within the 4
corners of the Act.
• A provision cannot be interpreted in isolation. Sometimes the meaning of
a word can be determined through other parts of a section or in some
cases through other sections present in the act.
• Main PURPOSE of the rule is to maintain CONSISTENCY through out the
Act.
• Court should construct only upto the extent of the intention of legislature
while reading a statute as a whole
• Act as a whole should be a guiding factor for courts. Bearing in mind
meaning and spirit of the act.
• This rule is not to be applied when a provision is clear but only to deal with obscure
statutes.
Eg. “ Unless the context otherwise requires…”
“Unless a contrary intention appears….”

• Newspapers Limited Vs. State Industrial Tribunal

• Gurmej Singh Vs. Pratap Singh
• Ram Narain Vs. State of UP
• Attar Singh Vs. Inder Kumar
a) He requires it for his own use
b) He is not occupying in the urban area for the purpose of his business any other land
c) He has not vacated such rented land without sufficient cause after the
commencement of this act in the urban area concerned.
Ut res magis valeat quam pareat
• Where alternative constructions are possible the court must give effect to
that which leads to smooth working of the system for which the statute
has been enacted rather than the one which would put hindrances in it’s
way.
• An interpretation which would fail to achieve the objective of the act
should give way to a bolder construction paving the way for an effective
outcome.
• One which encourages workability of the Act
• Avtar Singh Vs. State of Punjab
• D Salbaba vs. BCI
• State of Kerala Vs. Unni
• IDENTICAL EXPRESSIONS TO HAVE SAME MEANING
IDENTICAL EXPRESSIONS TO HAVE SAME MEANING
• Legislature when using the same expression multiple times in an act
must have same meaning.
• However it can be possible that in some situations the meanings might
differ in such case the court should provide reasons for the difference
in meaning.
• For example in some provisions word “ may” can denote discretionary
powers and may on occasion denote obligation. Like wise with “
shall”
• Bhogilal Vs. State of Bombay
Evidence Act 17, 18, 19, 20 21, 32, 39
NOSCITUR A SOCIIS
• Means to know in association of words.
• Words take color from one another with the meaning of the more
general taken from the less general words.
• A word may be know by the company it keeps
• This principle helps in finding legislative intent.
• Alamgir Vs. State of Bihar
S. 498 IPC – TAKES, ENTICES, CONCEALS , DETAINS
• State of Rajasthan Vs. Sripal Jain
Proposal for dismissing, removing or compulsorily retiring
• IRC vs. Frere
• Annual interest, annuities, annual payment or any other payment
• PRADEEP AGARBATTI VS STATE OF PUNJAB
PINJAB GENERAL SALE ACT
COSMETICS, PERFUMERY AND TOILET GOODS EXCLUDING TOOTH PASTE,
TOOTH POWDER, KUMKUM AND SOAP
DHOOP AND AGARBATTI
• AHMEDABAD PRIVATE PRIMARY TEACHERS ASSN VS ADMINISTRATIVE
OFFICER
GRATUITY ACT
EMPLOYEE MEANS ANY PERSON WORKING IN A FACTORY, MINE, OIL
FIELD, PLANTATION PORT, RAILWAY COMPANY OR SHOP TO DO ANY
SKILLED, UNSKILLED, SEMI SKILLED,MANUAL, SUPERVISORY TECHNICAL
OR CLERICAL WORK IN A MANAGERIAL OR ADMINISTRATIVE CAPACITY
TEACHER
Q1. “May” as a word hints toward what type of provision.
• A) Mandatory
• B) Directory
• C) Compulsory
• D) Enabling
Q2) A taxation statute should be interpretted
A) beneficially
B) Using Golden Rule
C) Using Literal Rule
D) Using Mischief Rule
Q3. Which of the following tools is an internal aid of construction:
A. DICTIONARIES
B. PARLIAMENTARY DEBATES
C. SCHEDULES
D. COMMENTARIES
Q4. Which of these is considered an introduction to an Act?
A. Marginal Notes
B. Definition Clause
C. Headings
D. Preamble
5. The Mischief Rule was established under which landmark case.
A. A K GOPLAN VS. UNION OF INDIA
B. MANEKA GANDHI VS. UOI
C. HEYDONS CASE
D. LEE VS KNAP
6. This rule of construction is used for welfare legislations
A. literal rule
B. golden rule
C. mischief rule
D. Beneficial
• NIPOON MEHTA
• BHUMIKA SHARMA
• ISHITA GUPTA
• TARINEE SIDDHAYE
• LAV BHAMBWANI
• PRIYANSHI MALOO
• LIANNE DSOUZA
• HEMANSHI GALA
• SAMUEL ABRAHAM
• ALICIA RODRIGUES
• UDIT MISHRA
• MITTAL GALA
• AAYUSH CHANDRA
• AKANSHA GUPTA
• INSHA SHAIKH
• HIMANI VYAS
• MAHIMA SOLANKI
• ANUJA SAWANT
• VIDHI THAKKAR
• SHANTANU MISHRA
• GAURI SANSARE
• JANKI SAMPAT
• MAITREYEE RAUT
• PRIYANKA GUPTA
• SHREYA SAWANT
• PRIYANKA GOSH
• VIDYA KOLHATKAR
• KAJAL SHARMA
Expressio Unius Est Exclusio Alterius
• It means express mention of one thing excludes another
This act shall be applicable to all children below the age of 18yrs.
• When two general expressions have been used and one is more
general than the other then the more general expression shall include
the less general one.
This Act shall be applicable to citizens of India above 18 yrs of age and
the elderly of India.
• The principle means express enactment shuts the door for further
implication.
• Fundamental rights gauranteed under 15,16 and 19 to citizens.
IN BONEM PARTEM
• Means words used in a statute should be taken in their lawful and
rightful sense. The term lawful means sanctioned or recognized by
law.
• Eg. Rent, money
• In Paris delicto potior est conditio possidentis
• When in equal fault better is the condition of the possesor
• Also known as the dirty hands or unclean hands doctrine.
• When two parties are equally wrong the court will not interfere
REDENDO SINGULA SINGULIS
• The act allows adults to consume and drink , fruits and beverages
• This principle concerns with the usage of words distributively.
• Where a sentence has more than one subject and more than one object
it is suitable to connect them each to each.
• Eg. I devise and bequeath all my real and personal property to B.
• KOTESHWAR KAMAT VS. RANGAPPA BALIGA
• “ THAT NO BILL OR AMENDMENT FOR THE PURPOSE OF
CLAUSE B, SHALL BE INTRODUCED OR MOVED IN THE
LEGISLATURE OF A STATE WITHOUT THE PREVIOUS
SANTCTION OF THE PRESIDENT.”
• GENERALIA SPECIALIBUS NON DEROGANT
• The provisions of a general act shall bow down to a special Act.
Generalia stands from general;
Specialibus stands for special.
• When interpreted, it means that general laws do not prevail over
special laws or, the general does not detract from specifics.
• Justice Griffith said in R v Greenwood, 
“The maxim generalia specialibus non derogant means that, for the
purposes of interpretation of two statutes in apparent conflict, the
provisions of a general statute must yield to those of a special one.” 
• As a corollary from the doctrine that implied repeals are not favoured, it has come to be
an established rule in the construction of statutes that a subsequent act, treating a
subject in general terms and not expressly contradicting the provisions of a prior
special statute, is not to be considered as intended to affect the more particular and
specific provisions of the earlier act, unless it is absolutely necessary so to construe
it in order to give its words any meaning at all….” 
• Suresh Nanda vs C.B.I [8
In this case, the petitioner lost access to his license as the result of the procedures of a
case in which he was the accused. His passport was seized by C.B.I., thus, he couldn’t
travel.
In this case, there was a conflict between section 104 of CrPC and section 10(3) of the
Passport Act. The court decided that:
In this case, the scope of the law under CrPC was defined by saying that the courts or the
police cannot impound but can only seize a passport. As impounding a passport has far-
reaching and permanent consequences, special law provisions will prevail to provide a
better remedy to the petitioner.
• PARADEEP PORT TRUST VS THEIR WORMEN
Interpretation of Taxation Statutes
• Statutes imposing monetary burdens or imposing taxes are to be strictly
constructed.
• Similar in its features to a penal provision.
• No presumptions or implications to be applied when the provision is
clear when the language is explicit.
• When provision is clear it has to be given effect irrespective of
consequences.
• In case of multiple interpretations the one favoring the tax payer has to
be given effect.
• When a statute is clear there can be no stretching of the statute either in
favor of the state or tax payer and to be given effect to irrespective of
consequences.
• Tax laws are prospective unless specified.
Case laws
• UOI Vs. Commercial Tax Officer
The Ministry of Industry and Supplies, Gov. of India
Bengal Finance Act exempts u/s 5
- Indian Stores Department,
- The Supply Department of the Gov. of India and
- Administration of the Water or Railway Transport
• Sevantilal Vs. Commissioner of Income Tax
Income Tax Act 1922, income did not include Capital Gains introduced.
In 1947amdt. Capital Gains incl. in income.
• Baidyanathan Ayurved Bhawan Vs. Excise Commissioner, UP
Medicines Containing tincture/spirit therefore containing alcohol.
Asked to pay taxes under Medical ad Toilet Preparations Act, 1955.
Argued that the tax is for pure alcohol.
• Atlas Cycle Industries Ltd. Vs. State of Haryana
• Commissioner of Income Tax Vs. Vegetable Products Ltd.
Interpretation of Amending statutes
• An amendment is legislative act designed to change some prior and
existing law by adding or taking from it some particular provisions
• Purpose to make an addition to or change in the original act as in the
judgment of the legislature will better carry out the purpose for which
it was enacted.
• Where an expression has been repeatedly interpreted by a court the
same expression will have the same meaning in subsequent
legislations unless the contrary opinion is expressly provided.
• However this presumption is NOT conclusive or absolute especially
when such interpretations have only been made once or twice by
courts.
• An amended Act must be read as to have been written into the act
unless contrary intention is mentioned.
• Change in a phrase through an amendment must not lead to a
presumption that the contents of said provisions have changed
• Ramanand Prasad Vs. Kapildeo
• Zohrabi vs Arjuna
• A.A. Calton VS. The Director of Education
CONSOLIDATING STATUTES
• It is a statute which collects various legislations on the same topic in
one place into one legislative act.
• Modern interpretation expects that they should be interpretted as
regular statutes.
• The same statute can be consolidating as well as amending statute.
Eg. CRPC Long title:
An act to CONSOLIDATE AND AMEND the law relating to Criminal
Procedure.
• Courts believe that consolidating statutes should be Interpretted as any
other statute.
• In case of ambiguity reference can be made to past interpretations
when the provisions existed as individual statutes.
James Vs. James
Galloway Vs. Galloway
A.C. Sharma Vs. Delhi Aministration
CODIFYING STATUTES
• Difference between codifying and consolidating
It includes the common law and the consolidating statute.
A CODE IS EXHAUSTIVE = ENCYCLOPIDIA
• To apply literal rule .
• In case of LATENT AMBIGUITY ( UNOBVIOUS) OR PATENT
AMBIGUITY (OBVIOUS) recourse to past eg. Judgments ,
COMMON LAW-
• MOHINDER SUPPLY COMPANY VS. UOI
• COMMISSIONER OF WEALTH TAX VS CHANDERSEN
INTERPRETATION OF ENABLING STATUTES
• Enabling Statute means statute which either enlarges common law or makes
something lawful which otherwise was unlawful. 
Eg. Instances of enabling statute can be acts authorizing compulsory acquisition
of land for public benefit or prohibition of public and private nuisances.
• Such a statute grants or extends authority to carry on the procedure of the act
and these rules can provide for several matters sans the preconceived opinion
of the current provisions.
• Enabling statute creates Agency and defines its purpose and gives power to
Agency. – DELEGATED LEGISLATION
Eg. Local authority under certain circumstances and statutes have the power
which is given to them to make delegated legislation in accordance of their area
requirements. However, it is to be noted that delegated legislation must always
be in a manner conforming with the purposes laid down in that particular act.
• One of the principles of law with regards to the effects of an enabling statute is that if the
legislature gives the authority of something to be done, it at that same time gives the
powers by all the crucial presumptions and information to accomplish every act which is
necessary for carrying out the purposes in view.
• When statute gives discretionary powers to the authorities to carry out the acts
mentioned in the statute in a reasonable and fair manner after consideration of various
circumstances and conditions significant to the case.
• Rama Rao & Ors Vs The Jawaharlal Nehru Technological University
• Chintamon Rao Vs State of Madhya Pradesh

CONJUNCTIVE AND DISJUNCTIVE ENACTMENTS

• “AND” IS USED IN CONJUNCTIVE SENSE

• “OR” USED IN DISJUNCTIVE SENSE
• However in some cases they have meant the reverse in order to fulfill intention of
legislature.
• Lord Scrutton “ You do sometimes read or as and in a statute but you
do not do it unless you are obliged because or does not generally mean
and and and does not mean or.
• The context of the statutes is very important in finding out the true
intention of legislature.
• Sambhu Nath Vs. State of West Bengal
• A.K. Gopalan Vs. State of Madras
• R. VS. Oakes
“ any person who attempts to commit any offence under the Principal
Act or this Act, or solicits or incites or endeavours to persuade another
person to commit an offence, or aids or abets and does any act
preparatory to the commission of an offence.”
• Interpretation of Statutes Pari Materia
Can other statutes help in the construction of other statutes ?
R VS. WESTMINSTERBETTING LICENSING COMMITTEE
• Earlier statutes though not precisely in pari materia with the statute
being interpreted are helpful in finding out the true meaning of the
latter statute.
• Ramji Missar vs. State of Bihar
• Dayal Singh Vs. UOI
• Ordinarily a statute cannot be interpreted in the light of what has been
done in future statutes. But I certain exceptional circumstances
reference ca be made to parliamentary expositions as contained in
subsequent acts.
• Ammini vs. state of kerala
INTERPRETATION OF THE CONSTITUTION
• The Constitution must be interpreted in a broad and liberal manner
giving effect to all it’s parts and the presumption should be that no
conflict or repugnancy was intended by it’s framers.
• It should not be construed in a narrow sense.
• In order to ensure that the constitution is not fossilized it should be
contsrued in a liberal manner taking into considerations changing
conditions.
• Eg. Fundamental Rights, Union State Lists.
PRINCIPLE OF IMPLIED POWERS
• The Constitution contains the object which country strives to achieve
and also marks the outline and distribution of powers.
• UNLIKE a code the constitution does not contain all the subdivisions of
power in the minutest details nor does it provide for all the means
necessary to achieve the object.
• Laws which are necessary for the acheivement of the said object and
execution of power considered incidental are called implied powers and
these laws are presumed to be CONSTITUTIONAL.
• Constitutional Powers are general in nature out of which implied powers
necessarily arise. Similarly general restraints mentioned in the
constitution lead to implied restraints.
• It can also b defined that government when has a legitimate object under
the constitution then it must have all means necessary to achieve that
object and the same will be considered constitutional.
• USA confers limited powers to the congress u/a 1 mentions that they can
enact laws necessary which are essential for the execution of the powers.
• Bidi leaves and Merchant Association Vs. State of Bombay
The principle of implied powers could beheld to be applicable wherever
it would be impossible to enforce the material provisions of the
constitution.
Principle of Incidental and Ancillary Powers
• The principle is similar to the principle of implied powers.
• Constitutions either expressly or impliedly mention the powers
incidental and ancillary in nature in order to ensure the power
bestowed to legislate is done so effectively.
• It is presumed that these set of powers should exist for the smooth
working of the constitution.
• It reemphasizes that the constitution being the paramount law should
be interpreted liberally.
• Three lists exist in the constitution Union List State List ad Concurrent
list these lists provide the incidental ad ancillary powers to the state
and center.
• While the essential powers cannot be delegated any subsidiary or
ancillary measure can be delegated.
• State of Rajasthan Vs. G. Chawala
• Eg. Powers to make laws on money lending, relief of agricultural
debtedness under entry 30 of the state list includes power to make
laws related to debt of agriculturalists already paid by the sale of
properties.
• Power to impose tax includes the power to check evasion of tax.
Principle of Implied Prohibition
• The principle which states that the express mention of one thing
excludes all other known as expressio unious est exclusio alterius gave
birth to the principle of implied prohibition.
• Two types of constitution one where union and state have distinct
powers under lists created for the center and leftout topics to be
covered by the state. Where the principle of implied prohibition can be
applied. On the other hand where legislating powers distributed in
multiple lists here rather than implied prohibition then principle of
incidental and ancillary powers is applied.
Principle of Occupied Field
• The Principle of Occupied Field means that when the Union makes a
law on a particular subject it thereby occupies the field the state
government does not have power to make laws on that field.
• India existance of Union, State and Concurrent List establishes
occupied field.
• Article254 deals with the ambiguity of occupied with regards to
concurrent list.
Principle of Pith and Substance
• The principle means that if an enactment substantially falls within the
powers conferred by the Constiuttion upon the legislature by which it
was enacted, it does not become invalid simply because of touching a
topic incidental to another legislature.
• This principle has been introduced mainly to understand whether a
legislature was empowered to to make a certain law under an entry in
the list.
• State of Bombay Vs. F.N. Balsara
• Assistant Commissioner of Urban Land Tax Vs. The Buckingham and
Caranatic Compay Limited
• Effect is not the same thing as subject matter
Principle of Colourable Legislation
• Legislative competence is a matter of scrutiny by courts.
• The main question remains whether the law enacted is within the
domain of the legislature.
• K.T. Moopil Nair Vs. State of Kerala
• M.R. Balaji Vs. State of Mysore
• State of Bihar Vs. Kameshwar Singh
PRINCIPLE OF TERRITORIAL NEXUS
• Article 245 (1) of the Constitution says that the Parliament can male
laws for all or any parts of India and the state legislature can make laws
for the whole or part of it’s state.
• 245(2) no law made by the parliament shall be deemed to be invalid on
the ground that it would have extra territorial operation.
• Art. 51 and Art. 260
• A state law if it has sufficient NEXUS OR CONECTION with the
subject matter of the law the State law is VALID even if it has
extraterritorial operation.
• State of Bombay Vs. Chamarbangwala
• State of Bombay Vs. Charusila Das
• Wallace Brothers and Co.Ltd. Vs Commissioner Income Tax
Doctrine Of Severability
• When the Constitutionality of an enactment is in question and it is found that part of the
enactment which is held to be invalid can be severed from the rest of the enactment the part so
severed alone shall be declared unconstitutional
• Art. 13.
(1) All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the
extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part
and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,— (a) “law” includes any Ordinance, order,
bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of
law; (b) “laws in force” includes laws passed or made by a Legislature or other competent authority
in the territory of India before the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in operation either at all or
in particular areas.
[(4) Nothing in this article shall apply to any amendment of this Constitution made under article
368.]
• Attorney General for Alberta Vs. Attorney General for Canada
• A.K. Gopalan Vs. State of Madras
• State of Bombay Vs. F.N. Balsara
• R.M.D Chamaurbagwala Vs. UOI
Doctrine Of Eclipse
• Article13 (1) states that laws which are in existence before the
commencement of the constitution shall be void to the extent of
inconsistency with the constitution.
• 13(2) says that the STATE shall not make any laws in contravention to
the Constitution.
• Keshav Madhav Menon Vs. State of Bombay
• State of Bombay Vs. F.N. Balsara
• Bhikaji Narain Dhakras Vs. State of M.P.
• State of Gujarat Vs. Ambica Mills
PRESUMPTIONS
1. Presumptions against ouster of established jurisdictions, creation of
new jurisdictions and enlargement of existing jurisdictions of court.
• Statute should be given interpretation as to give jurisdiction and not
take away jurisdiction
• Main purpose to ensure justice to common man.
• Unless expressly mentioned courts shall presume hierarchy.
• Since Jurisdiction is granted by courts it cannot be taken away by
party even by mutual consent.
• No new jurisdictions to be presumed unless the law so states.
• J. Cooke and Sons Ltd. Vs. Binding
• Jurisdiction is granted by legislation and therefore only legislation can
take it away.
• If a statute has 2 interpretations the one granting jurisdiction should
be absorbed.
• In India the Constitution bestows powers on the HC, SC and thus
cannot be taken away unless with amendment.
Presumption as to validity of a statute
• Every statute enacted by the legislature must be presumed valid.
• This means that each law is constitutional.
• All courts must proceed presuming a law to be intra vires.
• The burden of proving the unconstitutionality of a statute is on the person alleging it.
• Public Services Tribunal Bar Association Vs. State of UP
Constitutional VALIDITY OF AN ACT CAN CHALLENGED ON FOLLOWING
GROUNDS
1. Lack of legislative competence. ( Art. 254)
2. Violation of Part III of the constitution ( Art. 13)
State of A P VS Mc Dowell and co.
Presumption against extra territorial operation
of a statute
• The presumption is that all legislations in law shall be territorial in nature.
• However the parliament may even make laws that are extra – territorial in
nature.
• Art 245 Extent of laws made by Parliament and by the Legislatures of
States.—
• (1) Subject to the provisions of this Constitution, Parliament may make
laws for the whole or any part of the territory of India, and the Legislature
of a State may make laws for the whole or any part of the State.
• (2) No law made by Parliament shall be deemed to be invalid on the
ground that it would have extraterritorial operation.
• Eg. Sec 3 ad 4 of IPC.
• On the other hand a state law is considered to be applicable only in that
state. It cannot have extra-territorial operation.
• One exception to this general rule is the theory of “ Territorial Nexus”
• Which means that there is sufficient “ nexus” between the object of the
law and the state.
• State of Bombay Vs. R.M.D Chamarbaugwala
Commencement, Repeal and Revival of
Legislation – General Clauses Act 1897
• S3(13) “Commencement” used with reference to an Act or Regulation, shall
mean the day on which the Act or Regulation comes into force;
• Means zero hours on such particular date.
• Where no date of coming into force is mentioned it is the day the President gives
his assent ( 0 hours).
• S5. Coming into operation of enactments.—2 [(1) Where any Central Act is not
expressed to come into operation on a particular day, then it shall come into
operation on the day on which it receives the assent,—
(a) in the case of a Central Act made before the commencement of the
Constitution, of the Governor-General, and
(b) in the case of an Act of Parliament, of the President.]
• Unless the contrary is expressed, a [Central Act] or Regulation shall be construed as
coming into operation immediately on the expiration of the day preceding its
commencement.

• Repeal of legislation
Repeal means to revoke, abrogate or cancel particularly a statute. Any statute may
repeal any Act in whole or in part, either expressly or impliedly by enacting matter
contrary to and inconsistent with the prior legislation. Thus a statute frequently states
that certain prior statutory provisions are thereby repealed. The courts will treat
matter as repealed by implication only if the earlier and later statutory provisions are
clearly inconsistent. When a repealing provision is itself repealed, this does not revive
any provision previously repealed by it, unless intent to revive is apparent, but it may
allow common law principles again to apply.
Under General Clauses Act, 1897, Section 6 "Repeal" connotes abrogation or
obliteration of one statute by another, from the statute book as completely "as if it
had never been passed." When an Act is repealed "it must be considered (except as
to transactions past and closed) as if it had never existed."
 S6. Effect of Repeal
• Where this Act, or any 13[Central Act] or Regulation made after the commencement of this Act, repeals any
enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not-
• (a) revive anything not in force or existing at the time at which the repeal takes effect; or
• (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder ; or
• (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so
repealed; or
• (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any
enactment so repealed; or
• (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid;
• and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such
penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.
• Applying the Golden Rule of construction as stated by this Court in
Garikapatti Veeraya (AIR 1957 SC 540) in the amending Act there
was nothing to show that the Act would have retrospective effect. As
"the essential idea of a legal system is that current law should
govern current activities". We hold that rate of compensation shall
have to be determined in accordance with the provisions of the Act
which was in force at the time compensation was payable i.e.
unamended sub-section (4) of Section 25 of the Act would apply.
Moreover, the amending Act affects the substantive right of the
appellant, therefore, it would have prospective operation. There is also
no express or implied provision in the amending Act to indicate that the
Act will have retrospective effect. We, therefore, hold that the amending
Act would apply prospectively.
• Usually if a law is repealed any delegated legislation made under it is
also repealed unless expressly preserved.
• Reading of Section 3, 8, 20 , 22, 23 and 24
• Revival of legislation Section 7