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Interpretation of Statutes

by Vepa P. Sarathi
Edition: 5th Edition, 2010
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Product Details:

Format: Paperback
Pages: 616 pages
Publisher: Eastern Book Company
Language: english
ISBN: 9789350280072
Dimensions: 24.2 CM X 3.57 CM X 16 CM
Publisher Code: AB/007
Date Added: 2010-10-02
Search Category: ebooks
Jurisdiction: Indian

Overview:

"O, it is excellent to have a giant's strength; but it is tyrannous to use it like a giant."

The work covers some very important topics, which deal with special problems arising in the interpretation of statutes. In this edition, the author thinks to have conclusively established that there is only one rule of interpretation of an enactment and that is, to find out precisely the object of an enactment, then consider the various meanings of the related words and phrases and choose those meanings which fit the context and achieve the object.

The discussion of the different topics covered in the respective chapters is supported by a wealth of authorities consisting of the writings of jurists, and judgments, both Indian and foreign. The author has included relevant cases to support his theory as also to explain the scope and expose the usefulness with respect to the Literal Rule, Golden Rule and the Subsidiary Rules. Further, table of cases, a detailed subject index in addition to useful Maxims enhance the utility of the book.

The book has been imparted an all new beautiful look and is bound in imported black baladeck with gold lettering on the cover and excellent printing and layout on superfine paper.

The book is a prescribed text for LL.B. and LL.B. (Hons) programme, as per the UGC Model curriculum applicable from July, 2002 and will be found useful for practitioners and an inquisitive scholar.

Reviews

  • Lawasia, Australia : Quite apart from its undoubted value to the practitioner in India, it is a useful source of material for lawyers overseas indicating the way in which Indian Courts apply the traditional common law principles of statutory interpretation.
  • Malayan Law Journal, Singapore : Serveral rules of construction are lucidly explained, analysed and discussed. In addition, case-law is referred to wherever relevant and necessary. Several suggestions of changes to the existing rules will probably be food for thought for many.
  • Kerala Law Times : The thorough and precise analysis of the provisions of the Interpretation of Statutes makes this work invaluable. As a whole, this is a useful and worthy contribution to the legal profession.
  • Academy Law Review : The book stands in a better position when compared to other works on the subject.
  • Cochin University Law Review : The author does not content himself with giving the gist of the legal dict, but adds his comments and observations in a critical fashion. This shows an application of the legal mind by Sri Sarthi. It is not only in respect of academic excellence, but, particularly in readability, lucidity, logic and orderly approach and practical illustation and guidance that the book of Sri Sarathi is predominant. The book cites, rather profusely, fruitful and thoughtful treatments by senior judicial authorities.

....The book is a valuable starting point for inquisitive scholars to make further investigation of their own in the much neglected area of legal interpretations.

  • Extract from the Foreword by P.B. Gajendragadkar, Former Chief Justice of India:
    "...the author's thinking on the subject in its different aspects is clear; his presentation of arguments is precise and his style is simple and direct."
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Table Of Contents:

               CHAPTER I	:	Introduction    3
               CHAPTER II	:	General Rules of Interpretation     30
               CHAPTER III	:	Presumptions     237
               CHAPTER IV	:	Internal Aids     332
               CHAPTER V	:	External Aids     418
               CHAPTER VI	:	Retrospective Effect of Statutes    466
               CHAPTER VII	:	Repeals and Temporary Statutes     495
               CHAPTER VIII	:	Taxing Statutes     513
               CHAPTER IX	:	Penal and Remedial Statutes     537
               CHAPTER X	:	Delegated Legislation     546
               CHAPTER XI	:	Miscellaneous   578
               CHAPTER XII	:	Interpretation of the Constitution   625
               CHAPTER XIII	:	Legislative Drafting   702
APPENDICES
               The General Clauses Act, 1897    716
               Maxims    734
 
               Subject Index    761
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