Monday, April 1, 2013

INTERPRETATION OF STATUTES:

Rule of contetemporanea expositio- Established rule of interpretation - Words used in a statutory provisions - Must be understood in the same way in which they are usually understood in ordinary parlance with respect to area in which  said law is in force. Proviso provides exception - Purpose is to exclude something which otherwise would fall within the general language of the main enactment. Hardships of an individual - cannot be used as the basis to alter the meaning of the language employed by the legislature. Addition of subtraction of words - Not permissible - Court cannot add words to a statute or read words into it which are not part of it - Not permissible for the Court to twist the clear language of the enactment in order to avoid any real or imaginary hardships. Civil Appeal No. 2133-34 of 2004 Rohit Kumar and others V/s Om Prakash Sharma and Others Supreme Court Dated 06-11-2012 [2013(136)FLR 92]

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