Hello Friends, Welcome Back to Finology Legal!
In today’s Video Let us understand the Rules of Interpretation! There are some 10-12 Rules of Interpretation, in This Video I am discussing 6 Rules of Interpretation - Rest I will discuss in Part 2 of this Video
I remember having a tough time in college during Interpretation of Statutes but gradually I realized that these rules help in building strong reasoning power. So lets start with an example which will help you understand the importance of Interpretation of Statutes. My example is very simple and I really hope you understand it.
Take some vegetables for example - Coconut, Ginger, Lemon and chillies.
Now you must me thinking - why such simple example? Well, they might appear simple but all these have actually been discussed in Supreme Court Cases while discussing various Sales Tax Acts. Vegetables have got exemption under the Sales Tax Act.
*In P.A. Thillai Chidambar Nair v. State of Tamil Nadu, the Supreme Court said that Coconut was used as an ingredient for enhancing the Taste of Food - But was hardly used as a substantial Article of Food on the Table - so they said that Coconut will not be a Vegetable for the perspective of Sales Tax Act, hence it will not gain any exemption under it.
On the similar note Ginger, Lemon and Chillies have been Discussed in the Supreme Court under
*State of West Bengal v. Wasi Ahmed & in the Case of Mangulu Sahu Ramahari Sahu v. Sales Tax Officer, Orissa - However, these have been held to be Vegetables owing to their popular common Market Parlance.
So you see, How different rules of Interpretation can be used!
Lets Start our discussion on Rules of Interpretation
1. Literal Rule: It says that words should be given their ordinary plain Meaning - ‘Absoluta Sententia Expositore Non Indiget’
2. Reasonable Rule: It says that we should interpret in such manner that renders it Meaningful and Sensible. - 'Ut Res Magis Valeat Quam Pereat'
3. Harmonious Construction - It means that we should interpret words in such manner that it falls in harmony with the entire Statute
4.Beneficial Rule - It was laid down in the Heydon`s Case - it is also known as the Mischief Rule, Heydon`s Rule or Purposive Rule. It simple means that while interpreting one should keep in mind the Mischief the Act seeks to provide Remedy for. So say if the object of the Act is to provide for Public Employment, then in case of Ambiguity in any of its clauses, such Interpretation should be given weightage.
5. Explanatory Rule: It mainly governs interpretation of words such as AND - OR - MAY - SHALL
6.Rule of Ejusdem Generis - It means that words in the same Category derive color from each other and they mean the same thing.
***I have tried to Discuss this topic in an Interactive manner, Do let me know through Comment Section Below, How did you Find this Video!
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