Abraham Varghese T
A text book of interpretation of statutes principles of legislation and legislative drafting - 5th Ed - Kochi EM TEE EN Publications 2001 - 272p.
Taxing Statutes
Legislation
Interpretation of statutes : Legislative intention and duty of court, judge's duty, law making by legislation and judicial law making, comparisons of case law and statute law, classification of statutes
Judicial creativity, purposive approach and judicial activism, judges- intention seekers and legislators as well, public interest litigation
General principles of interpretation - literal and grammatical rules, golden rule of interpretation
Construction with reference to the object and purpose of the statute, construction of associated words, rules of ejusdem generis, noscitur a sociis
Other general principles : Ut res magis valeat quam pereat, expressio unius est exclusio alterus, harmonious construction
Presumptions : Against intending injustice or absurdity
Construction of acts in Pari Materia
General and special statutes : Generalia specialibus non derogant, when special act prevails against a general act, conflict between two special statutes
Retrospective operation of statutes
Repeal of statutes : S.6 of general clauses act 1897
Directory and mandatory provisions : Statutory provisions creating public duties and conferring private rights , conditions precedent to exercise of jurisdiction
Codifying, consolidating and amending statutes, aids to interpretation - internal aid , external aids
Provisos exceptions and saving clauses, interpretation of taxing statutes, interpretations of penal statues, interpretation of constitution, leading cases
Principles of legislative introduction : Principles of utility, ascetic principles, arbitrary principle of principle of sympathy and antipathy
348.02 / VAR/T
A text book of interpretation of statutes principles of legislation and legislative drafting - 5th Ed - Kochi EM TEE EN Publications 2001 - 272p.
Taxing Statutes
Legislation
Interpretation of statutes : Legislative intention and duty of court, judge's duty, law making by legislation and judicial law making, comparisons of case law and statute law, classification of statutes
Judicial creativity, purposive approach and judicial activism, judges- intention seekers and legislators as well, public interest litigation
General principles of interpretation - literal and grammatical rules, golden rule of interpretation
Construction with reference to the object and purpose of the statute, construction of associated words, rules of ejusdem generis, noscitur a sociis
Other general principles : Ut res magis valeat quam pereat, expressio unius est exclusio alterus, harmonious construction
Presumptions : Against intending injustice or absurdity
Construction of acts in Pari Materia
General and special statutes : Generalia specialibus non derogant, when special act prevails against a general act, conflict between two special statutes
Retrospective operation of statutes
Repeal of statutes : S.6 of general clauses act 1897
Directory and mandatory provisions : Statutory provisions creating public duties and conferring private rights , conditions precedent to exercise of jurisdiction
Codifying, consolidating and amending statutes, aids to interpretation - internal aid , external aids
Provisos exceptions and saving clauses, interpretation of taxing statutes, interpretations of penal statues, interpretation of constitution, leading cases
Principles of legislative introduction : Principles of utility, ascetic principles, arbitrary principle of principle of sympathy and antipathy
348.02 / VAR/T