Statutory Interpretation

............................................................................................
Description
This book "Statutory Interpretation" is being released as second edition after about a decade. Several decided cases-relating to this subject of statutory interpretation reported in different journals had been arranged at appropriate places. We do confess that we could not have been completed this voluminous revision work within a span of time but for the active assistance of Shri Jagadish Chandra Prasad, Advocate, High Court. In Anurag Mittal v. Mrs. Shaily Mittal, AIR 2018 SC 3983, while dealing with Sections 11 and 15 of the Hindu Marriage Act, 1955, applying doctrine of purposive construction of interpretation of statutes, it was held that the restriction on second marriage is not applicable where the parties have settled their case and decided not to pursue appeal against decree of divorce. The aspect of purposive interpretation in interpreting the provisions of the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989 as amended in 2018 and notifications in M.C. Mehta v. Union of India, AIR 2018 SC 5194, it was observed that when health of millions of our countrymen are involved, notification relating to commercial activities are not to be interpreted in a literal manner and purposive interpretation have to be given to the notifications, specially dealing with public health issues and even more so, when health not only of citizens at present but also health of citizens in future is also involved.
.........................................................................................
Contents
1. Introduction
2. Intention of the Legislature
3. Harmonions Construction
4. Plain Meaning
5. Hardship
6. Non Obstante Clause
7. Workable Construction of Statute
8. Statute to be read a as whole
9. Statutes in pari materia
10. Parliamentary Debates
11. Legislation by Incorporation
12. Addition or Substitution to be avoided
13. Words not to be rejected
14. Casus Omissus
15. Literal Construction
16. Preamble
17. Long title
18. Prescribed Forms
19. Definitions
20. Transitional Provision
21. Dictionaries
22. International Treaties
23. Statement of Objects and Reasons
24. Explanation.
25. Headings
26. Marginal Notes
27. Punctuation
28. Proviso
29. Illustrations
30. Schedules
31. Retrospective Operation
32. Mens rea in Statutory Offences
33. Offences by Legal Persons
34. Repeal
35. Taxing Statutes
36. Penal Statutes
37. Welfare Statutes and Welfare Legislations
38. Substantive Statute and Procedural Statute
39. Superfluous Words or Provisions
40. Rules
41. Ejusdem Generis
42. No Scitur A Sociis
43. Legal fiction
44. Provisions Directory or Mandatory
45. Defective drafting
46. Delegated Legislation
47. Interpretation of The Constitution
48. A Few Legal Maxims
49. The Indian Law Reports Act, 1875
50. Right to Constitutional Remedies
51. Principles of Natural Justice
52. Per incuriam
53. Courts to try all civil suits unless barred
54. Statutory provisions and precedents
55. Foreign decisions and use thereof
56. Judge made Law
57. The General Clauses Act, 1897
SUBJECT INDEX
............................................................................................
Author Details
Justice P.S.Narayana
Dr. Sukhvinder Singh Dari