1.

Statute in Parimateria

i) Interpretation done on the basis of subject matter which is identical in both the
Acts then one Act will become Parimateria with the another Act.
ii) It is not necessary that the entire subject matter in two statute should be identical.
But some connection should be there in order to refer the concerned acts. The
Connecting Act is called statute in Parimateria.

It is the duty of the judge to read the Act as a whole which means, the Act must be read
from the first till the last. Not only that all the Connected Act shall be read to come to a
conclusion.

While determining the meaning of an expression in a statute, a specific expression in an

earlier statute dealing with the same subject – matter may be referred to where there are
different statutes in parimateria, though made at different times, or even expired and not
referring to each other, they shall be taken and construed together, as one system and as
explanatory of each other.

Statute in pari material are statutes sharing a common purpose or relating to the same
subject. They are construed together as one law regardless of whether they contain any
reference to one another.

Statutes in pari material not to be treated as one Act. But statutes which are in parimateria
cannot, in the absence of specific provision to that effect, be treated precisely in the same
way as if they were merely parts of one Act; a provision not found in an earlier Act
cannot, in the absence of indication of clear intention, be imported into that earlier Act in
pari materia.

When the Act is relating to the welfare legislation for eg : Compensation Act, then the
benefit shall be given to a concerned person.

Help from earlier Statutes:-

Referring the old Act relating to the same subject will help the Judge to find out the
meaning of certain words & the Judge can also refer the decisions given in the old Act &
try to settle the cases which comes up under the new Act.

For eg: Cos Act of 1956 has been redrafted as Cos Act of 2013 and certain sections are
same in both the Act.

For eg: Sec 21 of IPC deals with public servants, which has not gone for any amendment,
so when the Question occurred whether M.C.A is a public servant. Then looking into Sec
21 & the judgment given it is held that he is not a Public Servant.

The rule that related provisions in different Acts but having bearing on the same subject
have to be read together.
In Common Cause, A Regd Society v. VOI,
Expln/.. 1 to Sec 77(1) of the Representation of the people’s Act, 1950 & IT ACT was
interpreted.
As per RPA, when the candidate for election spends his own money, it is not called as
party fund & separate return should be filed.
Candidates can ask money from the Company & it should be shown in the Balance Sheet
of the Court. Court held that, if there is no tally between the balance sheet of the court &
the balance sheet of the political party, it shall be considered as Black money & held that,
Companies Act is very much connected.

Help from later Statutes

- Sometimes the definition given in the old Act will be used in the new Act, they
will not be defined because it has to be repealed once again. But where the
definition interpreted in the Old Act has to be taken into consideration because the
provision is given under the old Act.
- When the legislature is not satisfied with certain construction of any Act then, it
can be changed by amending that statute & most of such amendments will be seen
in taxing statute.
- When a law is not re-enacted & if it is left unambiguous, then the principle of
referring to another statute will not be made applicable.

Eg : As per the revised definition Deputy Director & Assistant Director may be called as
Director. Now the Question is whether the Joint Director is called as the Director. So
the court held that under implied definition he is also a Director.

It is not necessary that entire subject – matter in the 2 statutes should be identical
before any provision in one may be held to be in parimateria with some provision in
the other.

Eg : - Can be taken of State of Madras v. Vaidyanathan Aiyer

Sec 4 of prevention of Corruption Act is connected with the I.T. Act which says
that if a public servant taken any money other than his salary then it is presumed that he
has taken bribe, unless he can prove that it is not a bribe.
Hence the Connecting Act, or whether Judge takes help of previous Act relating to
same subject matter or when one Sec. of one Act is connected with one sec of another
Act or why amendment has happened all may be called as statute in parimateria.

2. Language of statute should be read as a whole

“Statute must be read as a whole in its Context”.

 It is one of the basic principles of interpretation which means, when the question
arises as to the meaning of a certain provision in a statute, it is not only legitimate
but proper to read the statute in its context. Context here means the statute as a
whole, the previous state of law, other statutes in parimateria the general scope of
the statute & the mischief it intend to remedy.

 Every clause of the statute should be construed with reference to its context and
other clauses of the Act so as to make it a consistent enactment. This rule is of
general application as even plainest terms may be controlled by its context. The
legislature while enacting one clause in plain terms, might introduce into the same
statute or other enactments which to some extent qualify or neutralize the effect.
Sometimes same word may bear different meanings depending on the context it is
being used :

The Statutes must be read entirely which means :

i) First we have to find out whether the word which is gone for interpretation is
simple or a difficult word.
ii) A word will be called as simple, if it has a same meaning, wherever the word is
found in the statute.
iii) The word will be called as difficult, if the word has one meaning in one sentence &
different meaning in another sentence. Then it becomes difficult for the judge to
decide on the case.
iv) So, the Judge have to read any connected laws given to the subject, any section
which precedes that word or succeeds, the judge also has to read the history, why
the section is drafted & what is the solution which the legislature intended to give
in that concerned section.

 Every part of a Act shall be taken and compared with the other part. We must not
take only one sec & try to find the meaning of it. The reason is that, that section
may have a conflict with some other section. So, to understand it in a better way,
the sections which are connected with each other shall be referred. If there is any
conflict between 2 sections, then one section will be called as an exception to
another one.

When the word has to be interpreted the word must be read along with the context.
For eg: - The word ‘child’ can differ under different Act because it is been
interpreted by the sentence & the Act, why the Act was been drafted.

Newspaper Ltd. v. State Industrial Tribunal

In the given case, when the typist was been removed by the employer, his trade
union did not raise any matter. Instead his case was taken up by the working
Journalist of U.P. & they filed a case against the employer. When the matter was
referred to the Industrial Tribunal, the tribunal rejected it because the working
Journalist did not have any connection with the typist or the employer. Because of
which it is not called as a Industrial Dispute & the case was been rejected.

Warrant of Authority –
WOA means an agent who enters into a contract with the 3rd party on behalf of the
principal that he is been permitted (warranted) to do so & in case any mistake
happens then, the third party has the right to file a case against the agent.

Ashwin Kumar v. Aravind Ghosh -> (Warrant of Authority)

In this given case, Advocate by name Ashwin filed a warrant of Authority in the
Calcutta H.C. which was rejected by the H.C. because the H.C. said that an
Advocate can only argue on behalf of his client but he cannot act on account of
client. Ashwin Kumar referred to S.C. ruling which allowed the Advocate to act as
well as to plead in relation to any matter connected with his client. So, by referring
to S.C. ruling, the H.C. gave the permission & his application was been accepted.

Attar Singh v. Inder Kumar -> ( Punjab Rent Restriction Act)

In this given case, the court came to a conclusion that if a landlord has to vacate his
tenant from the premises (house) then the landlord shall be in use of that house & he
must need the house only for business purpose & not for residential purpose. Then
only he can apply sec 13 & ask the tenant to vacate. If any Sec has any sub-clauses
all the sub-clauses have to be read together to come to a conclusion.

Gopal Reddy v. State of A.P.

The S.C. while holding that the Dowry Prohibition Act, 1961 prohibits not only
 actual receiving of dowry but also the very demand for dowry made even before the
marriage, observed that the text & context of the entire Act must be looked into
while interpreting any of the expressions used in a statute. The courts must look to
the object which the statute seeks to achieve while interpreting any of the provisions
of the Act. A purposive approach for interpreting the Act is necessary.

O.P. Singha. v. VOI.

Interpretation of the proviso to Rule 7 of the Delhi Higher Judicial Service Rules,
1970 which provided that not more than 1/3rd of the substantive posts in service shall
be held by direct recruits was involved whereas Rule 7 provides for recruitment by
promotion as well as Direct Recruitment.
Another rule, Rule8, states that seniority of direct recruits in relation to promote
recruits shall be determined on the basis of rotation of vacancies based on the quota
of vacancies reserved under Rule 7 for both categories. The S.C. while interpreting
read both the rules together & held that the proviso meant that 1/3 rd of the
Substantive posts must be reserved for direct recruits.

Popatlal Shah .v. State of Madras

The S.C. observed that it is a settled rule of construction that to ascertain the
legislative intent, all the constituent parts of a statute are to be taken together and each
word, phrase, or sentence is to be considered in the light of the general purpose &
object of the Act itself.

D Sanjeevayya v. Election Tribunal – P.No. 46 ( Battacharya)

A.G. V. HRH Prince Earnest Augustine

(Prince Ernest Case)


In the given case, the question was whether Prince Ernest could acquire the property
which belong to Prince Sophia. When the case was referred, the court looked into the
Act & also the preamble & the Court did not consider the preamble because, the
Section was clearly drafted which mentioned that all were issues (children) of her body
& all persons. Lineally descending from her, who are born or hereafter to be borne are
entitled to get the property.

Short Note :

3. Ejusdem Generis Rule –

i) Ejusdem Generis is a latin words which means of the same kind, same mature or
same family.
ii) When there are group of particular words belonging to a concerned category or a
class & followed by general words for example : any other provision , any other
matter, etc, then these general words take the color from that group & shall be
interpreted accordingly.
For eg : Apple, Orange, Grapes etc. ‘Etc’ can be filled only with fruits, not with
 vegetables.
iii) This rule can be applied if there is a group of particular words. But, if there is only
1word followed by general provision, this rule cannot be applied.
iv) If there is a group of words which do not have any connection, then this rule
cannot be applied.
For eg: - The word ‘magazine’, ‘Journal’,’Book’ & any other document, private
letter, written by one person to another cannot be called as other material. Because
there is a group of words which gives infn/-‘ to the public.
v) If it come across the sentence like newspaper & other materials, then under this
situation the word private letter can be added because the other material can
include any document which gives information.

Case : - Sidheshwar Cotton Mills v. V.O.I –

Central exercise & sales Act – The Definition of word ‘manufacturing’ .

In this case ‘manufacturing’ includes Bleaching, dying, printing, shrink proofing, water
proofing or any other process. Now, while interpreting other process, it shall be kept in
mind only those process, where chemicals are used on the fabries so that it will remain
for the longer time only those process can be called as manufacturing process.

Case : - Jiyagi Rao Cotton Mills v. Madhya Pradesh Electricity Board

Under the Electricity Supplies Act – In the given case, the electricity charges is been
applied based on geographical position, nature of supply, the purpose why the electricity
is used & any other relevant factors. In the given case, S.C. did not apply the rule
because, there is no connection between those particular words. Geographical area is
different, nature is different & supply is different. So, this rule was not been applied.

Ishwar Singh v. State of Rajasthan – Sec 129 of M.V. Act

It empowered that any police officer who is authorized or any person authorized by the
the state government can seize a vehicle if a person is driving without a ‘license’.
The words ‘other person’ in this Section cannot be construed by the rule of Ejusdem
Generis for mention of single species, namely ‘police officer’ does not constitute a genus.
But having regard to the importance of the power to detain & seize vehicles it is proper to
infer that the words ‘other person’ were restricted to the category of government officers.
But this is the exception to Ejusdem – Generis Rule.

4. Discuss the rule of literal construction

The rule of literal construction is called as primary rule and the first rule relating to
interpretation. Because in older days the government was only concerned with law and
order & it was very strict. So the Judges when they decided on any case they used to take
the provision as it is and give it the ordinary & natural meaning. If the meaning was clear
then they used to apply the Literal Rule. The Court did not have any business to look into
the consequence of the parties.

If by reading a section, the meaning is not clear then this rule cannot be applied. Then,
judges have to look into other rules to come to a settlement.

This rule can be easily understood under the following headings-

i) Natural and grammatical meaning
ii) Explanation
 iii) Exact meaning preferred to loose meaning
iv) Technical words in technical sense

i) Natural & Grammatical Meaning

- Each and every word has its natural meaning which is called as popular meaning.
Now it is for the court to apply its popular meaning in grammatical way. But when
the meaning is applied, the sentence does not give any sense then the judiciary can
modify the meaning to a certain extent in deciding the case.
- When the normal meaning is applied if court feels that it is leading into confusion
then the literal rule cannot be applied & court has to think for some other rule of
interpretation.

Suthendran V. Immigration Appeal Tribunal

Under the Immigration Act, the person who has limited leave in U.S. can extend or
cancel his leave by making an application to concerned authority.
In a concerned case, the question was the person who had leave, whether he can extend
his stay in U.K. But court held that, this benefit can applied only by a person who is
presently residing in U.K. when Act was been passed.

Municipal Board v. State Transport Authority, Rajasthan

M.V. Act, 1939.
Regional Transport Authority had changed the location of a bus stand. As per M.V. Act ,
if the people wants to raise any objection for shifting of Bus Stand, then within 30 days
from the date of order the objection has to be registered to R.T.O. But, the people filed
the objection to State Transport Authority after the expiry of 30 days from the date of
order.
So, Court held that, filing of objection to state authority was not been provided. So court
cannot give to the people.

Ramavatar v. Assistant Sales Tax Officer

The question before the Court was whether the sale of betel leaves was subject to Sales
Tax. The Contention given by the appellant was that betel leaves being vegetable were
not subject to sales tax. The appellant gave dictionary meaning of vegetable which says
that, vegetable is that which is obtained from plants or their parts.
S.C. rejected the contention & held that betel leaves could not be given the Dictionary
technical or botanical meaning when the ordinary & natural meaning is clear &
unambiguous. Therefore, the sale of betel leaves was liable to sales tax.

ii) Explanation of the Rule –

- It means, when a word needs to be interpreted as per the literal rule then the word
shall be given its popular meaning, In case, the popular meaning is not provided
any solution, then the court has to explain the word by giving it a secondary
meaning & then decide the matter.
- Here, popular meaning means the meaning that is given by the people & the
meaning is being passing through generation.
Secondary meaning is, it may be a scientific or technical meaning.
It is the duty of the court to see to it that the secondary meaning shall not be
confused with the loose meaning.
Motipur Zamindari Co. Ltd. v. State of Bihar
In the given case, the question was, whether the sugarcane is called as Vegetable &
exempted from taxation. So, the court gave a popular meaning & held that ‘Vegetable’
means that is grown in the garden & which can be cooked. So, sugarcane does not come
under the definition of vegetable instead ginger, Lemon & Green Chillies, they are called
as vegetable product.

Eg:- There are certain words which are popularly used like –live stocks which means the
animals which are kept in farm. According to people ‘Chick’ is not a part of the live-
stock but it includes cow, goat, sheep as well as Hen. So, when a word ‘live-stock’ is
been interpreted the court shall give the popular meaning.

Forest Range Officer v. Khushboo Enterprises

There was a kerala Forest Act, 1951. According to this Act all the forest products must be
taxed. Here the question is whether the Sandalwood oil is a forest product.
When the court interpreted the definition of wood oil in connection with sandalwood oil.
The Court had to use secondary meaning to meet the interpretation of the legislature and
said that it comes under forest product & must be taxed.

iii) Loose Meaning-

When the statutes are interpreted the words used by the parliament are used correctly &
exactly when the words are interpreted, they must be given their natural meaning or their
secondary meaning. When the secondary meaning is given, one should not mix up with
the loose meaning, that can be applied. When the secondary meaning goes along with the
context the preference should be given to that secondary meaning. The Secondary
meaning is never called as loose meaning.

Pritipal Singh v. VOI

It was held that there is a presumption that the words are used in an Act of parliament
correctly & exactly & not loosely and inexactly.

iv) Technical or Scientific Meaning-

It is a meaning which is given by the experts. So, when the Act has to be interpreted, the
Court has to give importance to this technical words at the time of settling disputes.

a) Technical definition also means the people who are practicing particular business
trade have understood a concerned word and common meaning is given to that
word, even then the court shall respect the concerned meaning at the time of
settlement of Disputes.

b) Legal Sense of the word –

When a word acquires technical meaning because of continuous use of the
legislature or because of the use of the superior court then such kind of word will be
given the meaning as per the use. [Ashwin Kumar v. Arvind Bose]

c) Ommission not to be inferred-

As per the literal rule nothing is to be added or deleted from the statute until the
meaning given in the provision does not mean the intention of the legislature.
 5. Explain the Hydens rule of Interpretation
[Mischief rule]
Mischief rule is also called as purposive construction because there is a purpose for the
parliament to change the law & to give some benefit to the people. Now, when the court
tries to interpret the mechanical approach is out of step they should take into
consideration the modern positive approach & the modern approach is that an
object and the purpose of the Act must be fulfilled.

Mischief rule is also called as Hyden’s Rule because it was after Heydon’s Case the
rule was being applied by a Judge & there was a purpose to get this new rule into
existence because of which it is also called as per-person construction.

This rule is applicable when a word is having 2 meaning & the court has to apply
the meaning which shall stop the mischief & provide remedy.

For eg: - Dowry death & harassment have been increasing in India. So to prevent
this the parliament passed an Act called as Dowry Prohibition Act, 1961. But the
provision of this Act did not render proper results because the Act was only
connecting with the payment of dowry and if the death occurs then people were not
punished under this Act. To remedy this mischief parliament made certain
amendments to 1961 Act & inserted Sec 304D & Sec 498 of IPC & evidence Act.

Heydon’s Case:
This is the first Case in which the ‘Mischief Rule of Interpretation’ has been applied for
the first time.

The college had certain properties on its own name. The management had given certain
lands to ‘w’ & his son for their lives and after them ‘8’ & ‘G’. In England in those days,
this system was called “Doubling of Estates”.
The England parliament enacted “The Statutes -31 Henry VIII to present the doubling of
estates & misappropriation of the properties of realistical & religious institutions. The
properties of the College were taken away by Crown under the Statutes – 31 & also the
previous liases & instruments were cancelled. Heydon’s (one of S & G ) challenged it in
the Court.

Rule of the Case:

In this case Mischief Rule was applied. Mischief Rule : Lord Coke observed – that for the
sure & interpretation of all statutes in general (by the penal or beneficial, restrictive or
enlarging of the Common Law) four things are to be discussed and considered:-
i) What was the common law before making of the Act.
ii) What was the mischief and effect for common law did not provide any remedy.
iii) What is the remedy that the Act has provided for mischief.
iv) What is the reason for remedy.

Judgment:
The court took the guidance of Mischief Rule of Interpretation & upheld the statutes – 31
and also the act of the Crown.

The object of the Parliament was to protect the properties of realistical and religious
institutions. The Statutes – 31 provided the remedy to protect with that object. According
to it all leases creating doubling of estates i.e., Mischief, were held void, and which could
be against the true meaning of the Act & remedy provided by the parliament. The Court
upheld the validity of cancellation of leases.
Smith v. Hughes
This case is relating to street offence Act. As per Street offence Act if a prostitute tries to
solicit (invite) any passenger or passes by through her Balcony or window then she has
committed an offence & shall be punished.
In this case, the Act was being passed by parliament to protect the people who are
walking on road. If the provision is interpreted in grammatical way, the prostitute
standing near the window or balcony is liable for punishment & she will not be punished
if she stands in some other place.
This Act was misused & the court in order to stop the wrong (mischief) that was
committed held that the place where prostitute stood is irrelevant & if she invites any
person she will be punished under the Act.

Browne v. Browne
This case is relating to the Matrimonial Clauses Act, & the Act protects the marriage in
the form of restitution of Conjugal rights. There was a defect committed by the husband
by forcefully getting his wife back under this provision. The Court came to know about
the defect & gave remedy to wife by not compelling her to go back to her husband. So,
restitution was allowed based on circumstances of the case.

Eg: Shaft has to be properly maintained. If it is not been maintained then employer shall
be responsible to pay the compensation for the deceased worker. If some accident occurs
whether the employer is liable to pay compensation. The court says ‘No’ because, the
employer done his duty of maintaining the shaft & accidental cases compensation cannot
be claimed.

Short Notes
6. Noscittur a Sociis

i) Noscittur means ‘knowing’ and ‘Sociis’ means associates. Therefore Noscittur a

Sociis means knowing the words through their associates.
ii) To find out the meaning of the word which is difficult, the court will take into
consideration everything that is relevant in a given section.
iii) When a court applies this rule, then the word which is different has to be given a
meaning , then the court will look into any associated, connected or similar word
& in case these 2 words are clubbed together, then noscittur – A – sociis rule can
be applied by the judge.
iv) Here, we can say that the word takes a colour from each other.
v) It is an accepted rule invented by the court but the court need not apply it for each
and every situation. If the context gives the hint only then this rule can be applied.
vi) The meaning of a doubtful word may be understood by referring the words that
are associated with it.
vii) When the rule is been applied the more general meaning is been restricted by the
less general meaning. So when a words are prominent, Noscittur – A-Sociis rule
cannot be applied.

Cases : -
 Alam gir v. State of Bihar
In this case, when a case was filed against a person for allowing a married lady to stay
with him the Court on the Complaint filed by the husband of that lady referred Sec 498 of
IPC & while referring the Section, the Court looked into 3 different associated words. i.e.
‘Detain’, ‘Compel’ or entise and the Court interpreted the word ‘detained’ with its
associates & came to a conclusion that ‘detain’ need not be forceful. In case a person
without the consent of the husband deprives the company of his wife, allow the lady to
stay with him then, he is committing the offence against her husband for which he shall
be punished under the Act.

 Pradeep Agarbathi v. State of Punjab

(Punjab Sales Tax Act)
Sales tax was imposed on cosmetics, on perfumery & toilet goods excluding toothpaste,
tooth powder & soaps.
In the given case, the question was whether Agarbathi comes under the definition of
perfumery & whether it needs to be taxed. Court held that, the provision only includes the
Article or products used as cosmetics & toilet goods. So therefore, Agarbathi do not come
under this category.

 Commissioner v. Savroy Hotel – (Purchase Tax Act)

While interpreting the expression under this Act manufactured beverages including fruit
– juices and bottled waters & syrups, etc, it was held that the description ‘fruit – juices’
as occurring therein should be construed in the context of the preceeding words & that
orange juice unsweetened and freshly pressed was not within the description.

7. What is repeal and expiry of statutes? What is the effect of the repeal of statutes?
Statutes means, a written law passed by the legislature. It also means a rule which has
been made by the government or other governmental organization & which is formally
written down. Statute is enacted by legislature for some purpose.

When legislatures draft a law, there will be either temporary law or permanent law.

a) Temporary Statute –
A T.S. is one which has a certain fixed period of time specified for its continuance. T.S.
comes to an end as soon as the date mentioned in the Act gets over, which means, once
the date expires the Act will not be valid even though any amendment is done.
If the legislatures want to give effect to the expired temporary statute, then it has to be
redrafted with the new name, the subject matters can be same & the provisions can be
same.

b) Permanent Statute-
When there is no limitations to the time fixed for its duration it is permanent statute. Such
a statute remains in force until it is repealed which may be either by express provision or
by implication.

Expiry means due date of the Act or the last date of the Act.
Repeal means Cancellation of the Act.

Effect of expiry of statutes-

Sec 6 of the general clauses Act, 1897, which in terms is limited to repeals, has no
application. Therefore, effect of expiry depends upon the construction of the Act itself.
The effects can be discussed in reference to the fing points
a) Legal proceedings under the expired statute.
b) Notifications, orders, rules made under T.S.
c) Expiry does not make the statute dead for all purposes.
d) Repeal by a temporary statute.
 a) Legal proceedings under the expired statute
When there is a temporary law & when this law gets expired any arrest or conviction
done under the Act shall not be valid as soon as the Act comes to an end, which means a
person cannot be arrested , prosecuted, trial shall not continue and everything shall be
cancelled as soon as the Act expires. So, in order to protect the T.S. the legislature draft
the saving clause by which a person who is been convicted shall undergo the punishment
as provided under the Act.

8. Explain the rule of mandatory and Directory provision.

- Mandatory is the compulsory provision which should be followed by the people.

Directory is more like a direction given by the Act.
When we read the Act, by reading the sections carefully, we can come to a
conclusion whether it is a mandatory or directory.

- If the non-performance leads to punishment, then we can call it as a mandatory or a

compulsory provision. In case of Directory provision, only direction shall be given
& penalty will not be imposed.

- Ordinarily, the use of word ‘may’ means that the legislature intends the enactment
to be directory only while the use of the words ‘shall’ & ‘must’ means that
intention is that the enactment is Mandatory.

- It is the duty of the Court to convert a Mandatory provision to a directory one, if

the court feels that benefit can be given to the public or an innocent person can be
protected by making it directory.
For eg:- The marriage registration Act which says that the marriage shall be used
within 3 months of the passing of the Act. Here, it was made as a directory
provision.
- If a section starts with a negative word, then is a mandatory provision.
For eg:- ‘not more than 3 Months, not more than 1 month, etc will be considered as
a mandatory provision.

- When a section prescribes a time limit for eg:- Limitation Act then it is always
mandatory provision
For eg:- Under Rule 84 when a Auction sale takes place then a part of the money
shall be deposited on the day of auction and the rest of the money shall be
deposited within the prescribed time. So, it is mandatory.

When a Section tells that something has to be done and if it is not done in the right way,
then your Act becomes invalid. Then in that cases, it is a mandatory provision.
For eg:- Under Transfer of Property Act, if the documents are not provided, then your
registration shall be cancelled.

When while reading a Article or a Section, 2 expressions are formed – One is mandatory
& another is directory, then the Court shall protect the Section & preserve the
Constitutionality by calling it as a Directory Provision.
For eg:- When PIL is been filed or a Case is filed under the Constitution, the Court will
not look into the format. Even a postcard will be considered as a writ petition or a Public
Interest Litigation.
If a statutory Authority has to do a particular act, then it is a Directory Provision & if a
individual has to do a particular act it is a mandatory provision i.e. when there is a
statutory provision and there is a public Duty which has to be performed by a private
individual in a prescribed manner then it becomes a mandatory provision. But in case a
public authorities have to perform, it is Directory in nature. Under certain conditions, the
Court may make it mandatory for a public Authority also.
For eg:- Under RTI Act, the duty of the public Information Officer to provide
information within 30 days is a mandatory provision. It cannot be converted into
Directory provision. Because if they does so then RTI Act will be effected.

Cases : Jyothi Prasad Mitter v. The Chief Justice

Interpretation of Article 217.
The provision says that if any question arises as to the age of a Judge of a H.C., the
question shall be decided by the president after consultation with the Chief Justice of
India & the decision of the president shall be final.
S.C. held that Consultation with the C.J.I was a mandatory provision.

Baru Ram v. Prasanni – Representation of people’s Act, 1951

Sec 33(5) under this Act requires a Candidate in an election to supply the prescribed copy
& Sec 36(2) of the Act provides that his nomination is liable to be rejected in case of non
– compliance of the Sec 3 3(5).
S.C. held that Sec 33 was a Mandatory provision because the statutes itself has provided
for penalty in the form of rejection of nomination papers in case of non-observance of the
requirements provided by sec 33(5).

So, whenever a statute provides certain thing to be done in a specified manner & also
provides that in case of violation of the said provision a specified penalty may be
imposed, it is a mandatory provision.

Hardwar Singh v. Bagum Sumbrui

Article 166(3) of the constitution provided that no department shall without previous
consultation with the Finance Department authorize any orders affecting the finances of
the state.
Court held that this is a mandatory provision & pointed out that it was in a negative form
& related to exercise of a power rather than to performance of a public duty.

Labour Commissioner, M.P. v. Burhanpur Tapti Mills.

In this case, it has been held that the use of the word ‘shall’ with respect to one matter &
use of word ‘may’ in respect of another matter in the same section of a statute, will
normally lead to the conclusion that the word ‘shall’ imposes an obligation whereas the
word ‘may’ confers a discretionary power.

State of U.P. v. Jogendra Singh

It was held that word ‘may’ may also be used in the sense of ‘shall’ or ‘must’ by the
legislature while conferring power on a high dignitary. When the Context shows that the
power is coupled with an obligation, “the word ‘may’ which denotes discretion should be
construed to mean a command.

George v. Devan County Council

Held that the words ‘thinks necessary’ or ‘consider necessary’ also confers a discretion
but not an unfettered discretion.
 9. Explain non-obstant clause.

The expression ‘non-obstant’ means ‘notwithstanding’. Non – obstant clause starts with
the word not withstanding. So, when any section starts with notwithstanding then that
section shall be given importance eventhough that section has a clash with any other
section of the same Act or any other Act.

When the case is referred before the Court, 2 Act are under discussion & under both the
Act, the section starts with notwithstanding, then the Court has to apply the harmonious
Construction & give importance to one sec after finding out the object or the reason why
it was been drafted.
For eg:- Debt Recovery Act – In which the debt recovery tribunal is been constituted &
any case more than 10 lakh rupees shall be registered in this tribunal.

When you have an Old Act and a New Act & both the sections starts with
‘notwithstanding’ then the Court will give importance to the New Act. But under certain
situations, if the Old Act is more specific & the new Act is general, then the Old Act will
be given importance.

Under S.C. Advocates Act, 1951, it was been mentioned that ‘notwithstanding’ anything
contained under the India Bar Council Act of 1926 or in any other law a person who is
not enrolled as an Advocate of a H.C. shall practice or may be permitted to practice in
H.C.

 Case : - In Ashwin Kumar Case, when the Calcutta H.C. did not permit the
Advocate of the S.C. to take up the case in Calcutta H.C. under the original side,
the Court held that, the provision of S.C. Act shall prevail & the S.C. Advocate has
a right to practice in the H.C.

Eg: Sec 16 Hindu Marriage Act

Child born out of illegitimate relation shall be letigimate child because concerned section
starts with ‘notwithstanding’ & that child shall have right in his father’s property.

The proper way to construe a non – obstante clause is first to ascertain the meaning of the
enacting part on a fair construction of its words. The meaning of the enacting part which
is so ascertained is then to be taken as overriding anything inconsistent to that meaning in
the provisions mentioned in the non – obstante clause.

The very purpose of a non – obstante clause is that the provision shall prevail over any
other provision & that other provision shall not be of any consequence.

In case there is any inconsistency or a departure between a non – obstante clause & other
provisions, one of the objects of such a clause is to indicate that it is the non-obstante
clause which would prevail over other clauses. Even by the dictionary sense, the
expression, ‘notwithstanding’ implies that other provisions shall not prevail over the main
provision.

10.Discuss the rule regarding the remedial and penal statutes.

Remedial Laws means, the law which not only provides remedy but also deals with
benefit to one individual or a class or a group of individuals, the law which are in social
justice, laws which are in welfare of the public are called as remedial statutes and these
statutes are interpreted in a liberal way so that the people who are been heard (deprived)
can be given the maximum benefit as far as possible.

Remedial statutes gives remedy to a group of people or to a class of people. In case of

social benefited legislations where the law is drafted for a concerned persons, then the
court must give benefit to that individual.
For eg:- Under Consumer Protection Act, benefit shall be given more to the Consumer.
But, there are certain things to be kept in mind before the benefit can be given-
a) The person, must come under the Act to claim benefit.
b) When liberal interpretation is been done to give the benefit, the court must see that
unnatural interpretation should not be allowed.
c) If a meaning has 2 interpretations, then such interpretations shall be accepted
which shall fulfill the reason why the Act was drafted & the interpretation which is
most beneficial in whose favor the Act is drafted shall be provided.
d) If, in any remedial statutes, there is a exception & because of that exception the
person cannot be given the benefit then, the benefit is not been allowed.

 When contracts and transactions are prohibited by statutes for the sake of
protecting one class of persons from another class of persons, the one from their
situation & condition being liable to be oppressed and imposed upon by the other,
the parties are not in pari delicto & a person belonging to the oppressed class can
apply for redress even if he was a party to a contract or transaction prohibited by
the statues.

Workmen v. Associated Rubber Industry Ltd.

i) It was held that the Court must be vigilant to see that benefits conferred by welfare
legislation are not defeated by the subtle devices.
ii) It is the duty of the court, in every case where ingenuity is expended to avoid
welfare legislations to get behind the smoke screen & discover the true state of
affairs. It can go behind the form and see the substance of the transaction.
Therefore it can lift the veil of the corporate entity of a co/- if it has been formed
for avoidance of welfare legislation.
Sadhoo v. Haji Lal Mohd. Bidi Works : - Sec 31 (2)(a) of the Beedi & Cigar workers
(Conditions of Employment) Act, 1966
This sec provides that the employee discharged, dismissed or retrenched may appeal to
the prescribed authority. The S.C. by liberal Construction of the Sec held that there need
to be no written order of termination to enable the employee to appeal & that an
employee who was terminated by stopping him to enter the place of work could appeal to
the prescribed authority.

Bhagirath v. Delhi Administration –

In this case the S.C. held that the beneficient provisions of Sec 428 of Cr.P.C. directing
the Set-Off of the period of pre-conviction detention against the ‘term’ of imprisonment
is applicable even to cases where the sentence is imprisonment for life & that such a
sentence is also imprisonment ‘for a term’ within the Section.

Penal Statutes
 Penal statutes which talks about punishing a person by the state & making him
liable by imposing fine or imprisonment should be interpreted in a strict way.

Penal Statutes have to be constructed very strictly. But if a provision is applicable for a
interpretations which means –
Which gives him the penalty & the other which tries to avoid the penalty, then it becomes
the duty of the Court to give benefit to the accused person.

While construing a provision in a penal statute if there appears to be a reasonable doubt

or ambiguity it shall be resolved in favor of the person who would be liable to the
penalty. If a penal provision can reasonably be so interpreted as to avoid the punishment,
if must be so construed.

Unless the words of a statute clearly make an act criminal, it shall not be construed as
criminal. If there is any ambiguity in the word which set out the elements of an act or
omission declared to be an offence so that it is doubtful whether the act or omission in
question in the case falls within the statutory words the ambiguity will be resolved in
favor of the person charged.

Sec 105 of the Indian Evidence Act, 1872 says that the burden to prove that the case of
the accused falls within an exception to a statutory offence lies on him. But the question
whether the defence set up by an accused is really a defence of an exception or a defence
setting up non-existence of a fact which is an ingredient of the offence to be proved by
the prosecution depends upon the construction of the particular statute.

In case a law which is interpreted very strictly with the intention to stop a crime then such
statutes have to be interpreted very strictly.

Sanjay Dutt v. The State (Sec 5 of TADA Act)

In the given case, the TADA law was very strictly drafted & when a person was been
arrested, he could prove that he was an innocent person which means, he can prove that
the arms are kept not for terrorist activities. But still it becomes very difficult because the
laws are strict in nature & the strict penal laws have to be interpreted in a strict way.

R.v. Pawlicki
The offence committed under the Fire Arms Act. In the given case, when a group of
people were been arrested, they pleaded that they had a intention to rob the house &not to
hurt any person, though they had some weapons with them which was kept away from
the house. Here, the Court held that, there is a criminal intention with Mens rea & the
strict punishment shall be given to an accused person.

Case:-
Certain changes were made in conditions of services of employment, held that
unauthorized absences was one of the ground of termination. The court held that it was
not applicable to those offences which was not considered penal at those time prior to
passing of Act, it will be violation of “Principle of Natural Justice”.

State of Maharasthra v. Vishnu Ram Chandra

- Bombay Police Act, 1951
The Question was whether a person committed of theft & robbery in 1947 i.e. before
commencement of the Act, the Bombay Police Act which made any offender to leave the
province of state was applicable to person, who committed in 1947. The Court held that
keeping in view public order & interest of justice, the Act is to be applied for offences
previously completed & it was retrospective / in nature.

Expost Facto Law:

i) Every law that makes an action done before the passing of the law & which was
innocent when done, criminal and punishes such action.
 ii) Every law that aggravates a crime or makes it greater than it was when committed.
iii) Every law that changes the punishment & inflicts greats punishment, than the law
annexed to the crime, when committed.
iv) Every law that alters the legal rules of evidence and receives less or different
testimony, that required at the time of the commission of the offence, in order to
convict the offender.
These are expost facto laws and they are penal statutes.
Double Jeopardy-
i.e. A person cannot punished for the same offence twice in case of offence under penal
statutes.

Self Incrimination-
If a person committed any offence under penal statutes, he shall not be compelled to give
witness against himself.

11. How do the taxing statutes are constructed? Explain?

- Taxing Statute means a Statute or Act making compulsory imposition whether of
A Tax is imposed for raising general revenue tax or free of the State for public
purposes. A fee is imposed for rendering services & bears a broad co-relationship
with the services rendered.

Taxes are distributed between the Union and States by various entries in List I &
List II of the Constitution. Parliament under its residuary power in entry 97 of List
I can levy a tax not mentioned in these lists.

There are 3 Criteria for collecting taxes-

a) Determine who are supposed to be taxed in respect of person or property.
b) How much each person have to pay.
c) If assesse does not pay tax voluntarily, then in what way government recover
money.

Interpretation of Taxing Statutes-

- Taxing Statutes have to be interpretated in a strict way.
- When a case is referred under the taxing provision, then it is the duty of the court
to find out whether a person comes under the taxing provision. Only then, he can
be made liable to pay the taxes.
- Under taxing provisions 2 sections cannot be interpreted in an equitable manner to
give the benefit to the tax payer.
- If the taxing statutes lead to 2 interpretations, only then the benefit shall be given
to the tax payer, if one interpretation is trying to give the benefit & the other
interpretation is trying to take the benefit.

CIT v. Karamchand premchand Ltd.

(Business profit tax, 1947)
When any taxing statutes are constructed, they have to be in a clear term & a person will
not be taxed based on assumptions. In this case, the Act had a confusion & because of the
difficulty provided u/55, the Court gave the benefit to the tax payer to set off his losses
which he incurred in the another state from the profit of the taxable territory.

Philip John v. CIT (I.Tax Act, 1961)

The Act says that, when a person is been taxed along with his income, his wife’s income
shall taken into consideration. In case, husband has transferred his property to wife
directly or indirectly (Benami transaction) then I.T have to find out the source from
where it has come & then husband is liable to tax. If he transferred if before marriage,
husband is not liable to tax.
 Case : Ramavatar v. salestaxofficer / case : Motipur Zamindari Case

Provisions relating to deviation of taxes

- The taxing statutes can be imposed on a person or a property only if he is been
expressly mentioned . In the Act, implied mention of a person is not been allowed.
For eg: If, in an Act mentioned that professionals have to be taxed only then the
tax can be imposed on the professionals.
- Double taxation can be avoided by the tax payer. Provided, it is been accepted by
the government.
- Any provision of a taxing statutes dealing with limitation period must be given a
strict construction.
- Exemptions in taxation is been allowed or it will be given a liberal interpretation
by the Court, provided the exemption is given by the government for imposing
some benefit.

Azamjiha v. Expenditure tax officer, Hyderabad

- Sec 2(g) of the expenditure tax Act define the term ‘dependent’.
‘Dependent’ means when an assessee is an individual his/her spouse or minor child &
includes any person wholly or mainly depending upon the assesse for his support or
maintenance.
Here, when Sec 2(g) was been interpreted the court gave benefit to a tax payer & held
that the Sec shall be divided into 2 parts, where the wife & minor child shall be
dependent for every though they have their income or not. And the expenditure of wife &
child can be taken into consideration at the time of deducting the taxes.

Commissioner of I.T. Gujarath v. A. Raman & Co/-

The S.C. held that payment of tax could be lawfully avoided by properly arranging and
distributing the commercial affairs. The tax payer has a right to divert his income without
flouting the provisions of the Income Tax Act. But tax evasion is not permissible.

12.What is interpretation? Explain the basic principles of interpretation of statutes or

purposes of interpretation or intention of the legislature.

Interpretation is explaining a word, translating a word so that the word can be defined in
future. Interpretation is done only with the statute or the Act. Customary rules,
conventions do not go for interpretation.

 Interpretation & Construction

The word interpretation & construction are generally used synonymously even though
jurisprudentially they are perhaps different.
- Interpretation means the art of finding out the true meaning after reading a words
which are given by legislature.
- Construction means coming into conclusion relating to certain words or expression
which are not directly included in the letters provided in the section. But which are
there in spirit of the people who have drafted it.

For eg: Article 21 – Relating to life & personal liberty

The legislature thought these 2 words will have different meaning during different times.
As & when the societies change & the meaning of the word also changes & when any
case comes up under Article 21, the judiciary shall come to conclusion whether it relates
to life or personal liberty. By doing this, the judiciary has constructed Article 21.
Judiciary has constructed the word ‘life’ in a wider way & it included the concept of
speedy, trial, Free Legal Aid, Privacy etc.

 The Interpretation is the primary function of a Court. The Court interprets the
legislature whenever a dispute comes before it. Since, the will of the legislature is
expressed generally in form of a statute. The prime concern of the Court is to find
out the intention of the legislature in the language used by the legislature in the
statute.

-> Intentionof the legislature

 Once the law is prepared, it has a life of its own and the people who have drafted it
don’t have any concern after it is been enforced. If there is any confusion relating
to that law then it is a judiciary which gives a meaning to the Act.
 When the judge tries to see any Act, he must consider the Act to be valid, instead
of cancelling the Act, it is his duty to protect it. He should know that the Act is
been drafted for some reason & if there is any confusion then it is the work of the
judiciary to make a necessary changes.
 Whenever the judge tries to explain a Act, any section of the Act, then he must
look into the minds of the people who have drafted it & this is called as intention
of the legislature.
 The work of interpretation is to discover the true meaning of the Act & it is a work
of the judge to find out the meaning. The judge can find out the intention by
reading the words & the sentences given in the section, finding the purpose why
that sections was drafted & the reason why the Act was passed.
 The basic rule while reading any Article or section is that the judge has to find out
what is included as well as excluded from the given provision. For eg:- Sec 9 of
CPC says that all Civil Suits shall be tried by the Civil Court which means,
Criminal cases cannot be filed in a Civil Court.

-> III Statute must be read as a whole

It is one of the basic principles of interpretation which means when the question arises as
to the meaning of certain provision in a statute it is not legitimate but also proper to read
the statute in its context. Context here means, the statute as a whole, the previous state of
law, other statute in parimateria, the general scope of the statute & the mischief it tends to
remedy.

The statute must be read entirely which means,

a) First, we have to find out whether the word has gone for interpretation is a simple
or difficult word.
b) The word will be called as simple if it has same meaning wherever the word is
found in the statute.
c) The word will be called as difficult, if the word has one meaning in one sentence
and different meaning in another sentence. Then it becomes difficult for the judges
to decide on the case.
d) So, the judges have to read any connected laws given to the subject, any section
which preceeds that word or succeeds, the judge also has to read the history, why
the section is drafted & what is the solution which the legislature intended to give
in that concerned section.

Every part of a Act shall be taken and compared with the other part
We must not take only one sec & try to find the meaning of it. The reason is that, that
section may have a conflict with some other section. So, to understand it in a better way,
the Sec which are connected with each other shall be referred. If there is any conflict
between 2 sections then one section will be called as an exception to another one.

When the word has to be interpreted the word must be read along with the ‘Context’. For
eg: - The word ‘child’ can differ under different Act because it is been interpreted by the
sentence & the Act, why the Act was been drafted.

Case : Newspaper Ltd v. State Industrial Tribunal. Ashwin Kumar v. Arvind Gosh
(WOA). Attar Singh v. Inder Kumar.
 Plain meaning rule
- The primary rule is to consider the plain meaning. Plain meaning rule is the first
principle in interpretation.
- When the language of a statute is plain, words are clear & unambiguous & give
only one meaning then effect should be given to that meaning only & one should
not go in for the construction of the statute.
- For applying the plain meaning rule following things must be satisfied:
a) First determine whether the language used is plain or ambiguous.
b) Plain meaning rule is applied at the stage when the words have already been
construed in their context and the conclusion is reached that they are susceptible to
only one meaning.
c) Then, the court is bound to give effect to the meaning so arrived at even if the
consequences or result of such interpretation were not within the contemplation of
legislature, for no alternative construction is really open.

The plain meaning rule is also known as the primary rule or literal rule. Which means
judges apply the provisions of the statute as it is. It is interpreted in the very strict way.
But now court try to interpret in a liberal way keeping in mind the welfare of the people.
But I.P.C cannot be interpreted liberally as it is connected with crime. I.P.C has been
drafted to stop mischief. Even the taxing statutes cannot be interpreted liberally.
Under taxing statutes 2 sections cannot be interpreted in an equitable manner to give the
benefit to the tax payer.
If the taxing statutes had to 2 interpretations, only then the benefit shall be given to the
tax payer, if one interpretation is trying to give the benefit & the other interpretation is
trying to take the benefit.

Therefore, the judges has to find out where the relaxation has to be given & where strict
interpretation shall be given & give relaxation only for genuine reasons.

13. Explain the principles of interpretation of statutes affecting jurisdiction of courts.

 Jurisdiction means the authority of a court to decide matters or to take cognizance

of matters presented in a formal way for its decision.
 It is the right of administering justice through the laws by means of which have
been provided by the laws for that purpose. The statute charter or the Commission
under which the Court is Constituted usually also defines the limits of its authority.
It may have to be considered with reference to place, value & nature of subject
matter.

Principles of Interpretation of Statutes affecting jurisdiction of Courts

1) There are 2 Courts in India which has the widest jurisdiction. They are- Civil Court
& Criminal Court. So all Civil Cases should be tried by the Civil Court & Criminal
 Cases shall be tried by the Criminal Courts. Unless these Courts have been stopped
from taking up the Case by a Concerned Act.
2) It is for the parties to prove that the Civil Court or Criminal Court does not have
jurisdiction.
3) There are some Act by which Civil Court or Criminal Court cannot take up the
Cases at the first instance. So, we say that the jurisdiction of the Civil Court is
impliedly barred.
For eg:- The Case under Cos Act shall be dealt by NCRT.
4) All Cases of Civil nature shall be tried by the Civil Court & all Cases of Criminal
nature shall be tried by the criminal court of the party / an individual feels that the
Civil Court is not having jurisdiction to try that Case, then it is for him to prove
that under separate Act, a separate Authority shall have the right to deal with the
Case at the 1st instance.
For eg : Under the Cos Act, NCRT will have the right to take up the Case.

Akbar Khan v. VOI - Citizenship Act, 1955

Sec 9(2) of this Act enacts that if any question arises as to whether when or how any
person has acquired the Citizenship of another Country, it shall be determined by such
authority as may be prescribed. Rule 30 of the Rules which are framed under the Act
prescribes that such a question shall be determined by the C.g.
In this Case, plaintiff instituted a suit in civil court claiming that they were Indian
Citizens on 26th Jan, 1950. They went to Pak in 1953 on a temporary visit & they did not
acquire Pakistani Citizenship & they continued to be Indian Citizens.
It was Contended by the state that plaintiffs had never been Indian Citizens & that they
had acquired Pakistani Citizenship Voluntarily.
However Suit was dismissed on being based by Sec 9(2) of the Citizenship Act.
S.C. held that, the Question whether the plaintiff were Indian Citizens on 26th Jan 1950,
could be decided by Civil Court & was not barred by Sec 9(2) of the Act, the Question
whether they had acquired foreign Citizenship thereafter could be decided by Central
Government.
5) Where the statute gives a finality to the orders of the special tribunals, the
jurisdiction of the Civil Court must be held to be excluded if there is adequate
remedy to do what the Civil Courts would normally do in a suit. Such provision,
does not exclude those cases where the provisions of the particular act have not
been complied with or the statutory tribunal has not acted in conformity with the
fundamental principles of judicial procedure.

6) Where there is an express bar of the jurisdiction of the Court, an examination of

the scheme of the particular Act to find the adequency or the sufficiency of the
remedies provided may be relevant but is not decisive to sustain the jurisdiction of
the Civil Court.
Where there is no express exclusion, the examination of the remedies & the
scheme of the particular Act to find out the intendment becomes necessary and the
result of the inquiry may be decisive.

7) Challenge to the provisions of the particular Act as ultra virus cannot be brought
before the tribunals constituted under that Act. Even the H.C. cannot go into that
question on a revision or reference from the decision of the tribunals.

8) Where a provision is already declared unconstitutional or the Constitutionality of

any provision is to be challenged, a suit is open. A writ of certiorari may include a
 direction for refund if the claim is clearly within the ams prescribed by the
Limitation Actm but it is not a compulsory remedy to replace a suit.

9) When the particular Act contains no machinery for refund of tax collected in excess
of the constitutional limits or illegally collected, a suit lies.

10) If the dispute is not an industrial dispute, nor does it relate to enforcement of any
other right under the Industrial Disputes Act, 1947 the remedy lies only in the Civil
Court.

11) If the dispute is an industrial dispute arising out of a right or liability under the
general common law & not under the Act, the jurisdiction of the Civil Court is
alternative leaving it to the election of the Suitor concerned to choose his remedy
for the relief which is competent to be granted in a particular remedy.

12) If the industrial dispute relates to the enforcement of a right or an obligation

created under the Act, then the only remedy available to the suitor is to get an
adjudication under the Act.

13) If the right which is sought to be enforced is a right created under Act such as
chapter V-A , then the remedy for its enforcement is either sec 33c or the raising of
an industrial dispute, as the case may be.

Anwar v. First Additional Dist. Judge, Bhulandshahar

The S.C. held that when an Act empowers a special tribunal to decide a particular matter
it impliedly means that the jurisdiction of the Civil Courts over that matter is
automatically excluded. In such a Case the Civil Court can only look into the question as
to whether the tribunal has followed the prescribed procedure.

In V.O.I v. United Insurance Co/- Ltd

There was a railway accident between an express train & a passenger bus on a busy sign
boards. The VOI was held liable for negligence is not convicting the unmanned railway
crossing into a manned one in view of the heavy traffic passing over that crossing, as well
as under Sec 13 of the Railways Act for not erecting fences, screens & gates etc. The
decision proves that there be private law actions in cases of non performance of statutory
duties.

H.M.M Limited v. Administrator Bangalore City Corporation

The S.C. ruled that where exemption as provided under rules in the form of refund of
Octroi is not granted, the Victim is entitled to file a suit for refund of the same.

A.R. Antulay v. R.S.Nayak

S.C. held that cases triable by a special Judge could not be transferred to a H.C. but if a
direction to that effect has been wrongly issued by the S.C., the same cannot be
questioned in the H.C. & the S.C. alone could review the same in a review petition or
under its inherent jurisdiction.

14.Explain the principles regarding retrospective Operation of Statutes.

‘Commencement’ of an Act means the day on which the Act comes into force.
‘Operation’ of an Act means the day when the Act is brought into force. Central Act
comes into operation on the day it receives the presidential Assent and is construed as
coming into operation immediately on the expiration of the day preceeding its
commencement.
State Act comes into operation on the day when the assent of the governor or the
president, as the case may be is first published in the official gazette of the state.

The general presumption regarding the statute is that all the statutes are prospective in
nature & when a person clearly says that the statute is retrospective then it is for him to
prove that the legislatures have clearly stated when they passed the Act or made an
amendment that the Act shall be given effect from the previous day as such until then all
the laws are prospective in nature.

A statute is retrospective which takes away any visited rights acquired under existing law
or creates a new obligation or imposes a new duty or attaches a new disability in respect
to transaction or considerations already passed. If Act does not mention, from when it is
so operative then is implied that it is prospective in nature.

Every expost facto law must necessarily be retrospective in nature. But every
retrospective law is not an expost facto law. There are 4 kinds of expost facto law:-
1. Every law that makes an action done before the passing of the law, & which was
innocent when done, criminal and punishes such action.
2. Every law that aggravates a crime or makes it greater than it was when committed.
3. Every law that changes the punishment & inflicts greater punishment than the law
annexed to the crime, when committed.
4. Every law that alters the legal rules of evidence and receives less or different
testimony, that required at the time of the commission of the offence, in order to
convict the offender.

(Jogendar Kumar Case)

Operation of various statutes
The statutes are of various kinds like penal statutes, remedial statutes, taxing statutes, law
relating to inheritance or Succession, e.t.c. So, now the question is whether these statutes
should be given a prospective or a retrospective effect. In case any of the law goes for
amendment (change) whether the amendment shall be given a retrospective effect.

GENERAL PRINCIPLES
1) Power to make respective laws:
Legislature have plenary powers to make legislations prospectively as well as
retrospectively. i.e. legislature can make a law which is operative for a limited period
prior to the date of its coming into force. However, a statute is to be presumed
prospective unless the retrospectively is either expressely mentioned or made by
necessary information.

2) Statutes dealing with substantive rights

Every statute is prima facie prospective unless it is expressely or by necessary
implication made retrospective . This applies to the statute dealing with substantive
rights).Statutes dealing with substantive rights are presumed to be prospective in the
absence of express enactment or necessary intendment).
Generally, where the object of the statute is to effect vested rights or to impose new
burdens or to impair existing obligations it is retrospective in nature. Unless there are
words in the statute sufficient to show the intention of the legislature to affect existing
rights, it is deemed to be prospective only.
 3) Statute dealing with procedure
Statute dealing with procedure are presumed to be retrospective unless such a
construction is textually inadmissible.
Statute relating to forum and limitation are procedural in nature. Statutes
providing for new remedies for enforcement of an existing right are also statutes relating
to forum & therefore, procedural. While law relating to right to action & right of appeal
even though remedial is substantive in nature. Eg: - Employees State Insurance Act
which enables the Employees State Insurance Corporation to recover areas of
contribution from the employers are areas of land revenue, has been held to be procedural
and applicable to areas falling due before coming into force of the section.

4) Recent statements of the rule against retrospectively-

In recent years, the rule against retrospective operation has been stated
avoiding the classification of statutes into substantive & procedural does not determine
whether it may have retrospective operation or prospective operation.
Yamashita’s Case
In this case, during the pendency of a claim in Arbitration the Arbitration Act was
amended by inserting Sec 13-A which empowered the Arbitrators to dismiss a claim if
there had been inordinate & inexcusable delay on the part of the claimant in pursuing the
claim which made fair resolution of the issues difficult or caused serious prejudice to the
respondent. Now the question arose, whether the delay by the claimant in pursuing the
claim before the date of enactment of Sec 13A could be taken into account in considering
the question of dismissal under that Sec & this question was answered in the affirmative.

5) Language not always decisive

In deciding the Question of applicable of a particular statute to past events, the
language used is no doubt the most important factor to be taken into account. But it
cannot be stated as an inflexible rule that use of present tense or present perfect tense is
decisive of the matter that the statute does not draw upon past events for its operation.
For eg:- The words ‘has made’, ‘has ceased’, ‘has failed’or after coming into force of the
statute & all that is necessary is that the event must have taken place at the time when
action on that account is taken under the statute.

In each case the intention of the legislature is to be gathered from the language
used, the object of the statute, nature affected rights etc need to be considered.

 Statutes affecting or relating to penal statutes-

Penal statutes cannot be given a retrospective effect. At sometime when any penal laws
goes for amendment then in such cases the person accessed of offence can take the
benefit of amendment & ask for the reduced punishment.
Art 20(1) – Prohibition of exposed fact to law.

 Statutes affecting or relating to Succession

The Statutes which regulate the Succession are not applicable to already opened
successions because the effect of its application will be to divert the estate from persons
in whom it had become vested prior to coming into force of the new statute.
Daya Singh v. Veerava Case
Held that, Laws connected with succession deals with personal rights of an individual
because of which it cannot be given a retrospective effect. Under the Hindu Succession
(Amendment) Act the Amendment was given a prospective effect, provided the female
got the full ownership over the property which was in her possession when the
amendment took place.
  Statute affecting / relating the limitation
Under the Limitation Act, it is connected with a right of filing a case, within the
prescribed period. So these rights are interpreted in a strict way & it will not be given a
retrospective effect.

For eg: - If the Limitation Act, has been amended then the amendment provision will not
be made applicable to a person who has filed a case before the amendment.

 Statute relating to Contract

If a contract is made by oral agreement under the old Act & if new Act comes into effect
even then the contract made under the old Act stands valid : But if new Act says that the
contract made under the old Act shall be registered then it is a procedure & procedure
shall be given a retrospective effect.

 Retrospective operation connected with the declaratory statutes

Declaratory laws are the laws which deals with providing an explanation relating to the
doubt that has occurred in connection with the word or a meaning. When a Act is been
passed, it is interpreted by the judiciary & if the judicial interpretation is not correct or
leads to confusion then the legislatures try to recorrect it by passing a declaratory statutes
& such statute can be given a retrospective effect.
 Statute relating to appeal
Filing a suit is a vested right & once the case is been filed, it becomes a right of an
individual to go for further appeal. But such rights are merely statutory in nature, which
can be changed as the circumstance. The changes that happen relating to appeal can be
applied not only for the new cases, but even those cases which are pending before the
court. There are certain circumstance whereby the existence of the court is been removed.
So, under such circumstance the right to appeal automatically comes to an end & the
person cannot claim it as his right.

 Ban on person entering the territory

There may be some laws which impose a ban on certain persons entering the territory of a
state in connection with the public order & morality & when such laws have been passed,
they not only have prospective effect but can be applied retrospectively on certain people
who are been convicted as per any old laws. So, under these matters the law apply
retrospectively.

 Remedial statutes can mention

 Fiscal statutes