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    External Aid of Interpretation of Statutes

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    Shikha Dubey
    This document discusses various internal and external aids that courts use to interpret statutes and legislation. It provides examples of textbooks, parliamentary history, previous legislation, dictionaries, and judicial decisions or stare decisis as aids. For each aid, it provides a brief definition and example case law that illustrates how courts have used or not used that particular aid.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    External Aid of Interpretation of Statutes

    Uploaded by

    Shikha Dubey
    17 views10 pages
    This document discusses various internal and external aids that courts use to interpret statutes and legislation. It provides examples of textbooks, parliamentary history, previous legislation, dictionaries, and judicial decisions or stare decisis as aids. For each aid, it provides a brief definition and example case law that illustrates how courts have used or not used that particular aid.

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    External aid of Interpretation of Statutes

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    This document discusses various internal and external aids that courts use to interpret statutes and legislation. It provides examples of textbooks, parliamentary history, previous legislation, dictionaries, and judicial decisions or stare decisis as aids. For each aid, it provides a brief definition and example case law that illustrates how courts have used or not used that particular aid.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    17 views10 pages

    External Aid of Interpretation of Statutes

    Uploaded by

    Shikha Dubey
    This document discusses various internal and external aids that courts use to interpret statutes and legislation. It provides examples of textbooks, parliamentary history, previous legislation, dictionaries, and judicial decisions or stare decisis as aids. For each aid, it provides a brief definition and example case law that illustrates how courts have used or not used that particular aid.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 10

    Aid

    Internal Aid External Aid


    1. Title
    2. Preamble
    3. Headings
    4. Marginal Notes
    1. Text Books
    2. Parliamentary History
    3. Previous Legislation
    4. Dictionaries
    5. Doctrine of Stare Decisis
    1. Text Books :- A text Book is a book used for the study.
    Courts, while interpreting a statute refer textbooks authored
    by distinguished jurists and eminent scholars, to get the true meaning
    of an enactment.
    Case Law:- Keshwanand Bharti vs. State of Kerala, AIR 1973
    In this case, honorable Supreme Court referred a large
    number of textbooks. The majority opinion was that, in view of many
    opinions and counter opinions expressed by the authors and jurists in
    the textbooks, it was not desirable to follow the opinions quoted in
    the textbooks.
    2. Parliament History :- Earlier courts, while interpreting a
    provision in a statute used to refer legislative history to ascertain its
    clear and complete meaning.
    The Traditional English Courts used to refer the report of a
    Committee presented to the Parliament as an external aid

    Case Law:- A.K Gopalan vs. State of Madrad, AIR 1950


    The Supreme Court observed that the debates in Parliament
    on a bill are not admissible for the interpretation of an act.
    3. Previous Legislation :- A Law which is enacted by the
    Legislature.
    Where a code is consolidates the statutes law on a particular
    subject and in case of doubt. In such cases the history of the Previous
    Act may be looked at to determine the interpretation to be put on the
    same word in different sections.

    Case Law:- Gulab Chand vs. Kudali


    It is said that interpreting a statute the general rule is that the
    grammatical and ordinary sense of the word used is to be adhered.
    4. Dictonaries :- A reference book which consist a set of words.
    When words are not defined in an Act than it is permissible
    to look into a dictionary to find out the real sense of the word.

    Case Law:- Alamgir vs. State of Bihar, AIR 1956


    supreme Court held that even tough the word detains may
    mean detention against the will of the detainee, this dictionary
    meaning of this word is not the true meaning of this word in the
    present context.
    5. Stare Decisis / Judicial Decision :- The judgment by a court of
    competent jurisdiction on matters submitted to it.
    The term Stare Decisis means “To stand by the decided
    matters”
    Judicial decisions are binding on all courts of Indian except
    the Supreme Court, because the Supreme Court of India is free
    depart from its previous decisions for valid reasons.
    Case Law:- Bengal Immunity Company vs. State of Bihar
    According to this rule, the principle of the law which has
    become settled by a series of decisions, is generally binding on the
    courts and should be followed in similar cases. This rule is based on
    public policy.

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