Interpretation of Statutes

Description

An authentic and classic commentary on various principles governing interpretation/construction of statutes, wills, deeds, documents, agreements and contracts, drawn from decisions of Indian and foreign courts. It comprehensively deals with law as enacted by competent Legislature or as made by Authority or as declared or expressed by courts.

It deals with

legislative enactments, their reasonableness, non-arbitrariness, legislative competence, as also fairness and justness in their execution in the

manner and purpose the Legislature has intended;

judge-made law and rule of precedents;

subordinate legislation such as rules, notifications, circulars and instructions;

rules of interpretation - literal, golden and purposive rule;

aids to interpretation - internal aids such as definitions, headings, marginal notes, preamble, provisos, explanations, punctuations, saving c

clauses, non obstante clauses, etc.; external aids such as dictionaries, earlier Acts, history of legislation, Parliamentary proceedings, state of

law as it existed when the Act was passed, the mischief sought to be redressed and remedy sought to be advanced;

interpretation of judgments;

interpretation of deeds, documents, agreements, contracts and wills;

powers, functions (legislative and executive), duties and limitations of administrative authorities;

concepts and doctrnies established by courts against arbitrariness, perversity and unreasonableness, namely, concept of proper exercise of

discretionary power, natural justice, promissory estoppel, judicial review, writs, res judicata, mens rea, rules of evidence, etc.