LL.B. VI Term. Topic 1 : General
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1 LL.B. VI Term Paper : LB Interpretation of Statutes and Principle of Legislation Prescribed Books: 1. P. St. J. Langan, Maxwell on the Interpretation of Statutes (12 th ed., 1969) 2. Vepa P. Sarathi, Interpretation of Statutes (4 th ed., 2003) 3. G.P. Singh, Principles of Statutory Interpretation (11 th ed., 2008) Recommended Books: S.G.G. Edgar, Craies on Statute Law (1999) Topic 1 : General Nature and Kinds of Indian Laws: Statutory, Non-statutory, Codified, Uncodified, State-made and State-recognised laws; Meaning and Scope of statute Meaning, Objects and Scope of interpretation and construction (c) Basic Sources of Statutory Interpretation (i) The General Clauses Act, 1897 : Nature, Scope and Relevance (with special reference to sections 6 to 8 of the Act) (ii) Definition clauses in various Legislations : Nature and Interpretative Role Topic 2 : General Theories and Rules of Interpretation The Function of the Court is to interpret the law and not to legislate 1. P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC Padma Sundara Rao v. State of Tamil Nadu (2002) 3 SCC D.M., Aravali Golf Club v. Chander Hass, 2007 (14) SCALE 1 22 Statute must be read as a whole 4. Padma Sundara Rao v. State of Tamil Nadu (2002) 3 SCC Bhatia International v. Bulk Trading S.A. (2002) 4 SCC 105 (c) The Primary Rule : Literal Construction (i) Literal rule 6. Tej Kiran Jain v. N. Sanjiva Reddy (1970) 2 SCC Jugalkishore v. Raw Cotton Co. AIR 1955 SC B.N. Mutto v. T.K. Nandi (Dr.) (1979) 1 SCC Ramavtar Budhaiprasad v. Assistant Sales Tax Officer, AIR 1961 SC
2 ii 10. M/s. Motipur Zamindary Co. (Private) Ltd. v. State of Bihar, AIR 1962 SC State of West Bengal v. Wasi Ahmed (1977) 2 SCC M.V. Joshi v. M.U. Shimpi, AIR 1961 SC The Queen v. Charles Arthur Hill Heaten Ellis (1844) 6 Q.B Matthews v.dobbins [1963] 1 ALL ER 417 (ii) Golden Rule 15. Lee v. Knapp (1967) 2 Q.B G. Narayanaswami v. Pannersevan (1972) 3 SCC Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama, AIR 1980 SC 981 : (1990) 1 SCC Nokes v. Doncaster Amalgamated Collieries (1940) AC (d) Mischief Rule of Construction : Heydon s Case 19. Heydon s case (1584) 3 Co. Rep R.M.D.C. v. Union of India, AIR 1957 SC Commissioner of Income-tax. v. Smt. Sodra Devi, AIR 1957 SC Utkal Contractors & Joinery (P) Ltd. v. State of Orissa, AIR 1987 SC Smith v. Hughes (1960) 1 W.L.R (e) Construction Ut res magis valeat quam pereat 24. Avtar Singh v. State of Punjab, AIR 1955 SC Corporation of Calcutta v. Liberty Cinema, AIR 1965 SC M. Pentiah v. Muddala Veeramallapa, AIR 1961 SC 1107 (f) Rule of Purposive Construction 27. Rev. Stainislaus v. State of M.P., AIR 1977 SC S.R. Chaudhuri v. State of Punjab (2001) 7 SCC All India Reporter Karamchari Sangh v. All India Reporters Ltd., AIR 1988 SC State of Mysore v. R.V. Bidap, AIR 1973 SC 255 : (1974) 3 SCC (g) Rule of Strict Interpretation (Penal and Tax Statutes) 31. Bowers v. Gloucester Corporation (1963) 1 Q.B George Banerji v. Emperor (1917) 18 Cr L J The Empress Mills, Nagpur v. The Municipal Committee, Wardha, AIR 1958 SC A.S. Sulochana v. C. Dharmalingam, AIR 1987 SC R. v. Oakes (1959) 2 All ER 92
3 iii (h) Rule of Harmonious Construction 36. Sri Venkataramana Devaru v. State of Mysore, AIR 1958 SC K.M. Nanavati v. State of Bombay, AIR 1961 SC Calcutta Gas Co. v. State of West Bengal, AIR 1962 SC Sirsilk Ltd. v. Govt. of Andhra Pradesh, AIR 1964 SC 160 : (1964) 2 SCR The Remington Rand of India Ltd. v. The Workmen, AIR 1968 SC 224 : (1968) 1 SCR (i) Principles of Ejusdem Generis and Noscitur a sociis 41. Calcutta Municipal Corporation v. East India Hotels Ltd., AIR 1996 SC Oswal Agro Mills Ltd. v. CCE, 1993 Supp(3) SCC Ashbury Railway Carriage & Iron Co. v. Riche (1875) LR 7 HL Brownsea Havens Properties v. Poole Corpn. (1958) 1 All ER 205 (c) (d) (e) Topic 3 : Intrinsic/Internal Aids to Interpretation (Parts of the statute and their interpretative role) Language, phraseology, clauses and punctuation Short and long titles, preamble, marginal headings, parts and their captions, chapters and their captions, marginal and section-headings Explanations, exceptions, examples, provisos and schedules Defining legal expressions like means, includes, that is to say, etc. Phrases like grammatical variations and cognate expressions ; without prejudice to the generality of.., etc. 45. Biswambhar Singh v. State of Orissa, AIR 1954 SC 139 : 1954 SCR M/s. Hiralal Rattanlal v. State of U.P. (1973) 1 SCC Manoharlal v. State of Punjab, AIR 1961 SC 418 : (1961) 2 SCR Topic 4 : Extrinsic/External Aids to Interpretation (c) Role of Constituent Assembly debates in the interpretation of the Constitution of India Legislative history- Legislative Intention, Statement of objects and reasons, legislative debates, Committee reports, etc. International-law and human-rights documents
4 iv 48. ShashiKant Laxman Kale v. Union of India, AIR 1990 SC 2114 : (1990) 4 SCC S.R. Chaudhary v. State of Punjab (2001) 7 SCC State of Mysore v. R.V. Bidap, AIR 1973 SC 255 IMPORTANT NOTE: 1. The students are advised to read only the books prescribed above along with legislations and cases. 2. The topics and cases given above are not exhaustive. The teachers teaching the course shall be at liberty to add new topics/cases. 3. The students are required to study the legislations as amended up-to-date and consult the latest editions of books. * * * * *
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