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Category : Notes

Rule of Literal Interpretation

person DateMay 31, 2017

Rule of Literal Interpretation

It is the first rule for the interpretation. The enactments are given their ordinary meaning and if the meaning is clear and unambiguous, than effect should be given to a provision of statute whatever may be consequences. In construing Statutes the cardinal rule is to construe its provisions Literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the Plain meaning rule. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. The words in an enactment have their own natural effect and the construction of an act depends on its wording. There should be no additions or substitution of words in the construction of statutes and in its interpretation. The primary rule is to interpret words as they are. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e. words should be simple so that the language is plain and only one meaning can be derived out of the statute. (more…)

Mischief Rule

person DateMay 13, 2017

Mischief Rule

The mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention. Originating from a 16th century case (Heydon’s case) in the United Kingdom, its main aim is to determine the “mischief and defect” that the statute in question has set out to remedy, and what ruling would effectively implement this remedy. When the material words are capable of bearing two or more constructions the most firmly established rule or construction of such words “of all statutes in general be they penal or beneficial, restrictive or enlarging of the common law is the rule of Heydon’s case. The rules laid down in this case are also known as Purposive Construction or Mischief Rule.

The mischief rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. It essentially asks the question: By creating an Act of Parliament what was the ‘mischief’ that the previous law did not cover? (more…)

Rule of Beneficial Construction

person DateMay 13, 2017

Rule of Beneficial Construction

When the literal meaning of the statute defeats the objective of the legislature, the court may depart from the dictionary and instead give it a meaning which will advance the remedy and suppress the mischief. This supports the initial and modern approach that is to effectuate the object and purpose of the act. The main objective by extending the meaning of the statute is to ensure that its initial purpose (public safety, maintenance of law and order) is justified. This rule looks into the reasons as per why the statute was initially enacted and promotes the remedial effects by suppressing the mischief. Though the rule almost covers the main grounds of the statute but cannot be applied to Fiscal statutes. (more…)

SOCIAL SECURITY

person DateMay 7, 2017

SOCIAL SECURITY

According to ILO “SOCIAL SECURITY is the security that society furnishes, through appropriate organization, against certain risk to which its members are exposed. The risks are essentially contingencies against which the individual of small means cannot effectively provide by his own ability or foresight alone or even in private combination with his fellows”

The various risks are:

  • Sickness
  • Invalidity
  • Maternity
  • Employment injury
  • Unemployment
  • Old age
  • Death
  • Emergency expenses

(more…)

Rule of Harmonious Construction

person DateApril 30, 2017

 Rule of Harmonious Construction

When there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. The rule follows a very simple premise that every statute has a purpose and intent as per law and should be read as a whole. The interpretation consistent of all the provisions of the statute should be adopted. In the case in which it shall be impossible to harmonize both the provisions, the court’s decision regarding the provision shall prevail.

The rule of harmonious construction is the thumb rule to interpretation of any statute. (more…)

Golden Rule of Interpretation

person DateApril 24, 2017

Golden Rule of Interpretation

The Golden Rule, or British rule, is a form of statutory interpretation that allows a judge to depart from a word’s normal meaning in order to avoid an absurd result. It is a compromise between the plain meaning (or literal) rule and the mischief rule. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislature’s intention, the judge can depart from this meaning. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning.

This rule may be used in two ways. It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. (more…)

JOINT AND SEVERAL LIABILITY OF THE PRINCIPAL AND THE AGENT

person DateMarch 5, 2017

JOINT AND SEVERAL LIABILITY OF THE PRINCIPAL AND THE AGENT

Section 182 of the Indian Contracts Act, 1872 defines ‘Agent’ and the ‘Principal’. According to the section 182 of the Indian Contract Act, 1872 an ‘Agent’ is a person employed to do any act for another or to represent another in dealings with the third person whereas a ‘principal’ is a person for whom the act is done or who is so represented.

When the principal and the agent get into a contract or agreement by the mutual agreement an ‘agency’ is created. By the creation of the Agency, principal grants authorities to the agent to act on behalf of him and under his control.

A principal will be liable for the acts and actions done by the agent during thje scope of agency. Any legal liability that arises due to the agent’s actions, the act done on behalf of the principal, the liability falls on the principal.

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DEFAMATION

person DateMarch 2, 2017

DEFAMATION

Introduction

Defamation is a tort as well as a crime in Indian Laws. In general, defamation is an act by a person to bring down one’s reputation in the eyes of general public. A person is to be called ‘defamed’, if the other makes false accusation or baseless comment on him.

What is Defamation?

According to Dictionary,” Defamation is an injury to the reputation of another by making a false statement to a third person.”

According toSalmond,” The wrong of defamation consists in the publication of a false and defamatory statement respecting another person without lawful justification or excuse.”

According to Winfield,” Defamation is the publication of statement which tends to lower a person in the estimation of right thinking members of society generally or which tends to make them shun or avoid that person.”

English Law

According to English Law, Libel and Slander are types of defamatory statements.

Libel is a written defamatory statement. Or an representation in some permanent form .Like writing, printing, caricature, wax-work effigy, and statue. In cinema film not only the photographic part is considered to be libel but also the speech which synchronises with it is also a libel.

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NEGLIGENCE

person DateFebruary 25, 2017

NEGLIGENCE

What is Negligence?

Negligence is the breach of a legal obligation to take care which results in undesired damage to the plaintiff by the defendant.

Essential Elements of Negligence

  1. The defendant owes a duty of care.
  2. The defendant must make a breach of that duty.
  3. The plaintiff suffers damages as a consequence thereof.

The essentials of negligence are discussed below:

  1. Duty of care to plaintiff: For an action to be negligent it is necessary that the defendant owed a specific legal duty of care to the plaintiff which has been breached.

The existence of duty of care could be examined by the three fold test.

The requirements of the test were:

  • The injury caused to the plaintiff must be reasonably foreseeable by a prudent man.
  • Relationship of proximity must exist.
  • It must be reasonable and fairto impose liability.

Case law:

Donoghue v. Stevenson, (1932) A.C. 562

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FREE CONSENT

person DateFebruary 23, 2017

INDIAN CONTRACT ACT ,1872

Indian Contract Act 1872  is the main sourceof law regulating contracts in India. It was enacted on 25  April, 1872 by  Imperial legislative council .  It extends to (the whole of India) (except the state of Jammu and Kashmir ); and it shall come into force on the first day of September, 1872.

FREE CONSENT

CONSENT AND FREE CONSENT

Consent  means when it is received from somebody must be free from compulsion or pressure. It is not enough for valid contract .

According to Indian Contract Act , 1872, Sec.13 defines consent as : ‘Two or more persons are said to consent when they agree upon the same thing in the same sense ‘ i.e.  consensus ad idem .

Free consent means parties to contract may agree upon the same thing in the same sense and along with the same. .It is one of the essential elements of valid contract.

According to Indian Contract Act, 1872, Sec. 14 defines consent.

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