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    Legal Methods - IOS

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    Varun Matlani
    The document discusses the literal rule of interpretation and provides examples of case laws that have used this rule. The literal rule of interpretation, also known as the plain meaning rule or grammatical rule, requires that if the words of a statute are plain, clear, and unambiguous, they must be given their literal meaning [1]. Case laws provided as examples demonstrate how courts have interpreted statutes based solely on the ordinary meaning of the words used without considering external factors like legislative intent [2]. The document also discusses exceptions to the literal rule, such as when a literal interpretation would lead to an absurd or unreasonable result [3].

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    Legal Methods - IOS

    Uploaded by

    Varun Matlani
    247 views17 pages
    The document discusses the literal rule of interpretation and provides examples of case laws that have used this rule. The literal rule of interpretation, also known as the plain meaning rule or grammatical rule, requires that if the words of a statute are plain, clear, and unambiguous, they must be given their literal meaning [1]. Case laws provided as examples demonstrate how courts have interpreted statutes based solely on the ordinary meaning of the words used without considering external factors like legislative intent [2]. The document also discusses exceptions to the literal rule, such as when a literal interpretation would lead to an absurd or unreasonable result [3].

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    Legal Methods -IOS

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    The document discusses the literal rule of interpretation and provides examples of case laws that have used this rule. The literal rule of interpretation, also known as the plain meaning rule or grammatical rule, requires that if the words of a statute are plain, clear, and unambiguous, they must be given their literal meaning [1]. Case laws provided as examples demonstrate how courts have interpreted statutes based solely on the ordinary meaning of the words used without considering external factors like legislative intent [2]. The document also discusses exceptions to the literal rule, such as when a literal interpretation would lead to an absurd or unreasonable result [3].

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    247 views17 pages

    Legal Methods - IOS

    Uploaded by

    Varun Matlani
    The document discusses the literal rule of interpretation and provides examples of case laws that have used this rule. The literal rule of interpretation, also known as the plain meaning rule or grammatical rule, requires that if the words of a statute are plain, clear, and unambiguous, they must be given their literal meaning [1]. Case laws provided as examples demonstrate how courts have interpreted statutes based solely on the ordinary meaning of the words used without considering external factors like legislative intent [2]. The document also discusses exceptions to the literal rule, such as when a literal interpretation would lead to an absurd or unreasonable result [3].

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 17

    Literal Rule of Interpretation

    Use this if, statute;


    1. Plain
    2. Clear
    3. Unambigious words

    Different Names
    1. Literal Rule of Interpretation
    2. Grammatical RoI – according to language itself
    3. Ordinary RoI
    4. Safest RoI – implementation as given
    5. First RoI – to be applied first on application
    6. Primary RoI
    7. Natural RoI
    8. Strict Rule – first rule should be followed
    9. Popular Rule – Most used rule, courts first try to interpret through this
    10.Litera legis
    11.Litera script

    Why this rule?


    Law making is power of legislative and judiciary should only interpret, if rules are simple
    the courts should not interfere.

    Judiciary should give life to intention as it is.

    No interpretation unless its not ambiguous

    If given broader meaning or narrower – should be so considerd


    Every word shall have meaning in natural sense.

    No addition or omission

    Case Laws
    1. Maqubool Hussain v State of Mumbai
    Article 20 (2) – literal sense only

    2. Motipur Zamindar Co. Vs. State of Bihar

    - No sales tax on green vegetables


    - Motipur wanted to proof sugarcane is vegetable
    - Court: Sugarcane not vegetable – vegetable is to be understood in common
    paralance.
    3. Municipal Board v State Transport Authority, RJ

    - Change location from A to B


    - Gave 30 days to object
    - Municipal Board asked 30 days objection from date of knowledge, and not
    publication.
    - Court held: 30 Days is to be interpreted literally if legislature wanted it could have
    added the clause but did not so STA wins.

    4. Robert Wigram v Richard Spooner

    - Implement the statute as it is.

    5. Ramavatar v Asst Sales Tax Officer

    - Motipur same; commodity: Beetle leaf


    6. Ranjit Udeshi v State of Maharashtra

    - Sold banned book


    - Caught
    - Said no mens rea, only actus reus
    - Knowledge of obscenity not essential Sec 292 IPC – apply literal rule

    7. Dunlop India/Madras Rubber v UoI

    - Particular meaning if established in trade should be accepted

    8. Rananjaya Singh v Baijnath Singh

    - Amethi election – RS Won


    - Ors went to ECI – RS spent more than advertising
    - ECI set aside election (Election Tribunal) – sec 123 (7)
    - RS said expenditure was made by father and people were his employees
    - SC said – according to RPA – his father’s money cannot be his money
    - Its not court’s duty to correct the words
    - RS Won

    9. Sterling Foods v State of Karnataka

    - After cutting and cleaning of shrimps they don’t become another commodity

    10.State of Punjab v Indersingh

    - Deputation has different meaning in service than in dictionary


    - Follow that of statute

    11.Bhavnagar Univ v Palitana Sugar Mill


    - Finding meaning of word from statute usage itself

    12. State of Kerala v Mathal Verghese


    - Counterfeiting of dollar
    - Accused said – Indian currency counterfeiting is illegal not dollar
    - DC and HC acquitted
    - SC said – Indian Paper Currency Act, 1822 – any currency – if not stopped kerala
    will become hub of counterfeiting

    13.Lt. Col. Prithi Pal Singh v UoI


    - Legislation applies mind – no interpretation unless ambiguity
    GOLDEN RULE OF INTERPRETATION

    - Keywords: Absurdity, Repugnance


    - Aka:
    o Golden Rule
    o Modifying Rule
    o British Rule

    Krishnan Iyer: in Strawboard Mfg. v Workmen

    Case Laws

    1. Bedford v Bedford (Broader)

    - Boy killed mother, commited suicide


    - Property? Boy descendants or mother’s side?
    - Sec 46 – Will? No – then go to issue (descendants)
    - Then it will pass to son, then to descendants
    - BUT: If by crime someone is benefited, it should not happen so the property should
    not go to criminal but mother’s side – interpret issue in wider sense.
    2. Wright v Ford Motor Co. Ltd. (Narrow Sense)

    - Owner responsible for everything in factory (occupier) -Sec 155 (1)


    - Owner should not be made liable for criminal vicarious liabilities.

    - Do not use lift in case of fire; any fire? Anywhere in world? No, it should be made
    narrower

    3. Lee v Knapp

    - Accident – duty to stop and furnish particulars


    - A parked outside home, B hit the car
    - B stopped. Then moved on. Later sent manager to give details.
    - B said I did stop, and gave details later/
    - Court – how long did you stop?
    - Golden Rule – stop means for reasonable time for other person to come and ask.
    4. Karnail Singh v Smt Mohinder Kaur

    - Indian Succession Act


    - Gajjan Singh: 3 son 3 daughter
    - Made will for 3 sons
    - 1 son died 2 years before father. Father did not change will
    - 2 sons asked for injunction, the property should not go to widow of son
    - Court – Golden Rule – 2 years sufficient to change, did not change so its will that
    the property go to wife.

    5. Tirath Singh v Bachittar Singh

    - S.99 RPA 1951


    - Notice should be served to all parties and non-parties
    6. State of Madhya Pradesh v Azad Bharat FinCo

    - Harbhajan singh rented a truck from ABF


    - Police found opium
    - Confiscated truck
    - Use of word – SHALL
    o HC said can use word Maybe for confiscation of truck
    o SC – shall can be used as May

    7. State of Punjab v QJ Begum

    - Time line for appeal – 6 months from award


    - Counsel informed after 6 months – she appealed immediately
    - SC: Time to be counted from 6 months from knowledge
    8. Mangu Singh v Election Tribunal

    - Disqualified while giving election


    MISCHEIF RULE/HEYDON’S RULE

    Supress mischief of old law, advance the remedy of new law.

    INTERPRETATION OF STATUTES
    INTERPRETATION
    A. TOOLS/AIDS
    a. Internal Aids
    i. Aids from act itself
    b. External Aids
    i. Meaning or intention of that statute

    Introduction

    MOON
    - Scientist – want to go
    - Poet – Want to write
    - Mother – tell story
    - Son – Play with it
    - Same ball diff interpretation

    RAIN
    - Traffic – Did not like
    - Enjoy tea – SITTING AT HOME

    LAW

    - Different set of society


    - But should be equal for all

    MEANING & DEFINITIONS

    Interpretation – derived – Interpretari


    - Action of explaining something
    - Imp: Intended meaning of author (Black’s Law)
    - Fundamental to process and practice of law.
    Statues
    - Law made by sovereign
    - Statutum – first used by Henry III

    CASE LAW

    - Lord Denning, J – English is not language of mathematical precision


    - Judge should give force and life to statute as legislature intended

    - Krishna Iyer, J. – If 2 interpretations, of which one validates and other invalidates,


    judge should choose the one validating it (B Banerjee v Anita Pan)

    OBJECTS OF INTERPRETATION OF STATUES


    NON-OBSTANTATE CLAUSE

    Starts: Notwithstanding

    Notwithstanding anything in Y court can exercise X.

    There is a power which has to be given to X, but act Y – doesn’t allow X. so such a clause is
    made

     Notwithstanding anything contained in section 309 of the Indian Penal Code any
    person who attempts to commit suicide shall be presumed, unless proved otherwise, to
    have severe stress and shall not be tried and punished under the said Code. Special
    provisions for States in north-east and hill States. Presumption of severe stress in case
    of attempt to commit suicide 
     (2) The appropriate Government shall have a duty to provide care, treatment and
    rehabilitation to a person, having severe stress and who attempted to commit suicide,
    to reduce the risk of recurrence of attempt to commit suicide.

    EXTERNAL AIDS
     External Aid for interpretation are those which are not contained in the statute but are
    found else-where. They may be as follows:- 
     1. Historical background. 
     2. Statement of objects and reasons. 
     3. The original Bill as drafted and introduced. 
     4. Debates in the Legislature. 
     5. State of things at the time a particular legislation was enacted. 
     6. Judicial construction. 
     7. Legal dictionaries. 
     8. Commonsense. 

    INTERNAL AIDS
     1. Long title of the statute. 
     2. Preamble of the statute. 
     3. Chapter/Headings of the statute. 
     4. Marginal Notes to every section of statute. 
     5. Punctuations. 
     6. Illustrations given below the sections. 
     7. Definitions. 
     8. Provisos. 
     9. Explanation. 
     10. Saving Clauses and non-obstante Clauses. 

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