Sei sulla pagina 1di 2

Long 1

Golden Principles Of Interpretation


1. The interpretation should not be perverse so as to offend against common sense.
2. Any statute/instrument(s)/document(s) is/are to be read as a whole.
3. Where a provision is not happily worded or is ill drafted, it should not affect the correct
interpretation of the statute.
4. Where a subordinate rule runs counter to the present law or rules that has to be ignored
and the superior law or rules are to be given the effect.
5. No superfluity or redundancy is to be attributed to the legislature. The court should
presume that no part of it is intended to be meaningless and that the provisions of statute
are intended to operate against each other.
6. The words and phrases should be assigned ordinary dictionary meanings unless they
are defined in the relevant statute.
7. Statute providing a mode for doing a thing in a particular manner, such thing has to be
done in that particular manner and is no other or not at all.
8. Interpretation consisting with smooth working of system to be followed.
9. Interpretation to advance remedy and suppress mischief.
10. Provisions coming in statute later in sequence will take preference.
11. Substantive right having been provided, remedy must follow.
12. Rules capable of interpretation favouring employees should be
preferred.

Long 2
Power to appoint to include power to suspend or dismiss Where, by any (Central Act) or Regulation, a power to make any appointment is
conferred, then, unless a different intention appears, the authority having (for
the time being ) power to make the appointment shall also have power to
suspend or dismiss any person appointed (whether by itself or any other
authority ) in exercise of that power.

SHORT
Provincial Act shall mean an Act made by the Governor in Council, Lieutenant
Governor in Council or Chief Commissioner in Council of a Province under any of
the Indian Councils Acts or the Government of India Act, 1915, or an Act made
by the Local Legislature or the Governor of a Province under the Government of
India Act, or an Act made by the Provincial Legislature or Governor of a Province
or the Coorg Legislative Council under the Government of India Act, 1935.
Document shall include any matter written, expressed or described upon any
substance by means of letters, figures or marks, or by more than one of those
means which is intended to be used, or which may be used, for the purpose or
recording that matter.
Immovable property shall include land, benefits to arise out of land, and
things attached to the earth, or permanently fastened to anything attached to
the earth.
District Judge shall mean the Judge of a principal Civil Court of original
jurisdiction. But shall not include a High Court in the exercise of its ordinary or
extraordinary original civil jurisdiction.

Potrebbero piacerti anche