Professional Documents
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Statues
Notes Compiled By
Law Students Federation(LSF)
[INTERPRETATION OF STATUES]
Osmania University Syllabus Notes Compiled By LSF For May 2016 3YDC IV
Semester Exams
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
Construction
Construction is first pillar
it is done by person who are not experts
there is common intention
there is no dis creation to judge
interpretation and deliver the judgment if judge find that both side
interpretation are not proper then he can gives his own interpretation and
deliver the judgment making law in not difficult process but enforcement of
law is difficult process which judges have to do there force it is right stated
that when the job of legislative comes to an and then the force of begin red
skill of advocate is to find out relevant law and decide type of interpretation
which is suitable and prepare in the case
Following are the primary rules of find out the law and the interpretation
(1) Title of the books :- When any cases then advocate have to find out
the little of the books in which law is advocate any advocate require a
good library which is helpful in preparation of the case
(2) Section and sub-section :- After finding out little advocate have to
take relevant section sub-section and clause which is application in
his case
(3) Illustrations :-In order to make interpretation have to be sledded
Ex:- Taking electricity forms poll taking way big and registered
articles such as annual vehicle from any place is theft
(4) comma and full stop:- when there is any sentence in the section
then comma and full stop have to be examine comma and full stop
gives meaning to be word and sentences
(5) Schedule:- There are some schedule and closed with the section if
there is schedule then it has to be stupid for purpose of interpretation
Ex:- schedule of disable mint schedule of disease schedule of
public twenty services
(6) Foot notes:-Foot notes are to explain the section all the foot notes
have to be slide for interpretation of statute
(7) GP or omission :- When there is any gap omission in the sentence
then it has to be filled op by appropriate word and to take the
meaning judges cannot be legislate but they have tight to fill up the
gap
(8) Rule of judders ginneries:- According to this rule meaning of the
legal term to be connoted in to general term and legal term
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
6Q. Briefly explain internal aid and external aid necessary for
interpretation of statutes?
ANS : Every statutes advocate have to make interpretation and arguments
he has to prepare the case , before presentation in the court . advocate
have to collect relevant material from different sources called as internal
help and external and external aid or intrinsic or extrinsic
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
Internal aids:- following are the points realign to internal aids or intrinsic
aids material is collected by sitting in office.
1. Relevant book four library:- Advocate requires library when any case
come he has to find out relevant book by examine it little in that book
he has to find out heading, read preamble, and find out relevant
sections and sub-section.
2. Marginal notes:- There are marginal notes or food notes, in order to
find out additional information he can refer marginal notes or food
notes and the relevant book.
3. Commentaries:-Advocate have to read commentaries which is
attached to relevant sections, it gives more information about the
section it is also called explanation to section he can also prepare
case by examine illustration and schedule which are enclose.
4. Reporters:-Advocate have to examining low reporters in which case
decided by supreme court and high court are reported there are
many reporters and generals published every month which report the
case in all this ruling new judgments are reported if this judgment are
shown in the court then judge have to oblige it and delivery judgment
accordingly it is called as precedents
5. Internet website information:-There is also information about case
available on internet and wed site which can be collected as internal
aids
External aids:- Following information to be collected from
outside sources.
Parliamentary history:-In parliamentary history detail is
collected about low in four and changes in the low.
2. Legislative debate:- There are debates in parliament before making any
low views expressed by members can be high heighted in the court
3. Low committee report:- if committee is appointed there is report of
committee then information can be collected to produce in the court.
4. Report of low commission:- When commission is appointed and
recommendation can be produced in the court.
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
5. Local enactment:- There are some local lows such as low of bank, L I C
railway university , which have to be collected from outside when required
in the case
6. Foreign judgment:- Foreign judgment are recommendatory. But it can be
produced in support of case
7. Paper cuts:- there is relevant information published in newspaper
magazine, if it is relevant then advocate can produce paper cuts in the
court
PRESUMPTION
Legal dictionary:- When meaning of any legal term is necessary to explain
on the court then legal dictionary can be produced to find out appropriate
meaning.
This is detail about internal aids and external aid necessary for
legal Practice
3. Legitimacy:- When any child takes birth after 280 Days of marriage and
on medical ground 210 days, after marriage there is pressure that the child
is legitimate unless disapproved by opposite party.
4.Rape:-When there is complaint of rape given by women or girl then there
is presumption that complaint is prove and correct burden of prove is on
accused that it is false complaint.
5. Ancient document:- When any document of 30 year or old period at
produced then it is genuine document unless disapproved.
6. Publication in gazette:- Any publication in gazette is presumed as true
and correct by the court
7. Publication in lows book reporters:- Any publication in low book low
general low reporters is presumed as prove and correct by the court
8. Publication of innocence:- When any proven produced in the court or
remind changes then it is presumed that accused is innocent ,court cannot
punish. Any accused unless criminal charges are proved against him
beyond reasonable doubt.
9. local laws:- There are many departmental rules and local enactment of
this rules are shown there judges may presume it as correct rules. Unless
disapproved by opposite party.
This is detail relating to all the presumption which is applicable
in the court and there is interpretation on presumptions.
ANS:- Law cannot be rigid society is dynamic and law cannot be static,
Acc to requirement of society changes of society changes come in law and
judgment of courts.
3.) Executive legislation:- executive can also make rules and regulations
applicable in the department. If there is conflict b\w executive rule and
govt order then govt order shall present.
4.) Autonomous legislation:- when there are rules of autonomous bodies
such as railways, post , bank if there is conflict b\w rules autonomous
and status shall prevail.
5.) Municipal legislation:- there is separate municipal act applicable with
in municipal limits , when there is conflict b\w municipal act and state
or central legislation shall prevail.
This is detail about effect of amendment, repeal and conflict b\w laws.
SHORT NOTES
1Q. Judicial restraint
Ans:- Judiciary plays important role in enforcement of constitution and
democracy .it is stated that judges have to judge and not to legislate
.restraint means limitation. Judged should not cross there limitation
otherwise under judicial activation ,judges have wide dictionary powers but
there are also restrain or limitation , which are as follows:1.) Judges should not deliver judgment in contravention of preamble of
the constitution.
2.) Judiciary should not interfere in privilege of parliament and assembly
which are specified in constitutions.
3.) Judges cannot make any new law but they have to interbred and
enforce existing law
Fourth Semester Osmania University LLB 3YDC Interpretation of Statues Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
4.) Judges should not give punishment which is more then specified
under the law.
5.) Judges should not interfere under repeal law .if cases are booked
after words.
This are the restraints or limitations applicable for judiciary
called as judicial restraints.
2Q. Judicial review
Ans:- Means to reconsider there is power of the court to rectify any error
.which comes in the judgment and it brought to notice judicial review
includes following points.
1.) Review petition is filled before same judge after the judgment.
2.) Copy of the judgment to be enclosed and error committed by
the court to be specified in the petition.
3.) Review petition to be filed with in one month from date of
judgment.
4.) Judge make hearing of both sides.
5.) When judges failed that there is error then it is rectified .if there
is no error then review petition is dismissed.
Became of review petition there is no need to go on appeal it time and
money of the party.