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(1) PREAMBLE
Dictionary meaning : Introduction or Preliminary Statement Preamble contains main object of the Act Preamble cannot be referred, if language of the enactment is clear. Preamble is a key to open the mind of the makers of the act and the mischief which they intended to remove. Preamble in Constitution of India.
PREAMBLE
(Cont.)
Rulings:(1) Kesavanand Bharati v/s State of Kerala ( 1973 - SC ) Declared by majority that preamble is part of the constitution (2) State of West Bengal v/s Anwar Ali ( 1952 - SC ) Preamble to West Bengal Special Courts Act, 1950 referred to end the dispute. (3) Kedar Nath v/s State of West Bengal ( 1953 - SC ) Identical approach as above in No. (2) West Bengal Criminal Law Amendment Act, 1949 (4) Rastriya Mill Mazdoor Sangh v/s N.T.C ( 1996 - SC ) Held, Preamble cannot be invoked when language is clear. Textile Undertaking (Takeover of Management) Act, 1983.
(2) TITLE
Short / Long Title - Purpose of title is to give a general description about the object of the act. Reference to IPC, CPC, Cr. PC, I.D. Act etc. Title is not considered if language is clear. Rulings:(1) Ashwini Kumar v/s Arbinda Bose ( 1952 - SC ) Supreme Court Advocates (Practice in High Courts) Act, 1951. Its Long title An Act to authorize advocates of Supreme Court to Practice as of right in any High Court was referred to end the controversy. (2) Manoharlal v/s State of Punjab (1961 - SC ) Punjab Trade Employees Act. 1940 - Title referred to settle the dispute.
(3) HEADING
Heading are of two kinds (1) Heading prefixed to a section (2) Heading prefixed to a group or set of sections. Heading is treated as preamble to above. Heading is not useful if language is clear. Reference to IPC S. 299 to 348. Various heading for group of offences in various section. Rulings:Bhinka v/s Charan Sing (1959 - SC ) U.P. Tenancy Act, 1939 S.180 Heading of section Ejectment of Person occupying land without title was referred by court for resolving the dispute.
(5) CONTEXT
Study of surrounding provisions provide answers to an ambiguous or equivocal or intricate word. Read entire Statute. Study the context in which word is used. Examples:- (1) S. 302 Punishment for Murder. Words like Murder, Death, Culpable Homicide u/s 6(46) , 299, 300 IPC provide answer to questions arising in the study of S. 302. (2) S. 497 IPC on Adultery. Study the Context.
Full-stop, comma, colon, Semi-colon, hyphen, oblique, bracket etc. Before 1850 in England, Punctuation played no role in interpretation. In India, Courts usually give importance to them but if thereby the meaning obtained is doubtful then the courts interpret the provisions as if no punctuation marks exist and arrive at the meaning.
(7) ILLUSTRATIONS
Provisions are made practical through Illustrations. However, they are not treated as complete. They cannot control plain meaning. Interpretation cannot be made contrary to Illustrations. No extended or restricted meaning can be given to provisions on the basis of illustrations. IPC is full of illustrations. References to S. 299, 300, 88 etc. of IPC.
ILLUSTRATIONS (cont.)
Rulings:(1) Shambhunath v/s State of Ajmer ( 1965 - SC ) Illustrations in S. 101 and 106 of Indian Evidence Act, 1872 referred Principle evolved on interpreting illustrations. (2) Moh. Syedol Ariffin v/s Y.O. Gark ( 1916 - PC ) Evidence Act S. 32(5) - Illustration ( L ) referred.
(9) PROVISO
Ordinarily for exception to main section or exemption from it, Proviso is added in the section. General rule on Proviso is - it Limits the ambit of the section, which it qualifies. If proviso contradicts main enactment, then proviso prevails as it speaks the last intention of the legislature. However attempt to reconcile both should be made first. Rulings:- (1) T. Devdasan v/s Union of India (1964-SC ) Constitution of India Art 16(1) and 16(4) (2) Ishwarbhai v/s Motibhai ( 1966 - SC ) Bombay Tenancy & Agricultural Land Act,1948 S. 43(c) - Proviso Example of Proviso :- IPC S. 300 Exception - 1 & Proviso 1 to 3.
(11) RULES
Rules are understood as showing procedure necessary for administration and execution of main Act. Sometimes rules provide clarification for ambiguous provision of the Act. Rules are considered as part of Statutes. Examples:- (1) I.D. Act 90 Rules (2) BIR Act 76 Rules Rulings:- (1) TELCO v/s Gram Panchayat (1976 SC ) Bombay Village Panchayat Act, 1933, S .89 and Rule 108. Meaning of House (2) 1913 Calcutta Case CPC, 1908 S. 107
(12) FICTIONS
Fiction is a legal assumption which , In Fact, does not exist. Examples:- (1) Hindu Marriage Act, 1955 S. 29 (1)(2)(3) Rulings:- (1) State of Bombay v/s Pandurang ( 1981-BH ) S.16(1) Bombay Buildings ( Control and Eviction ) Act, 1948 & Bombay Buildings ( Control and Eviction ) Ordinance, 1948. (2) K.S Dharmanandan v/s Central Government & Others (1979 SC ) S. 5(2)(d) and S. 6 of Prevention of Corruption Act, 1947
(13) EXPLANATION
Explains meaning of a particular provision Doubt, Confusion, Ambiguity, vagueness etc removed Offers additional support to the object of the provision It cannot take away statutory right which is awarded Courts duty to harmonize in case of conflict between main provision and the explanation. Examples:- (1) Cr. P.C S.125(1) & (3) Explanation on wife (2) IPC S. 299 Explanation 1 to 3
(14) SCHEDULE
Schedule indicates how claims or rights under the act are asserted or powers exercised. It comes at the end of the act. It is part of the act. In conflicts between Schedule and the Act, Act prevails. Examples:- (1) Constitution of India. Schedule 1 to 12. (2) I.D. Act - Schedule 1 to 5. (3) BIR Act - Schedule 1 to 3. Rulings:Alphalia Pharmaceuticals Ltd. v/s State of Maharashtra ( 1989 SC )