cover image: The Calcutta Law Journal  August  1912

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20.500.12592/jxmd28

The Calcutta Law Journal August 1912

1912

The first and proper mode of construing an Act is to explain it according to the natural signification of the words with which the law is couched; and in order to justify a Court in overiding the plain language of a statute by reference to its spirit and general tenor the argument must be cogent and convincing. [...] This principle of construction is based on the ground that as the legislature knows what the law is and has power to alter it any mistake on the part of the Judges may at once be corrected; and the absence of any such correction specially during a long period of time indicates that the Courts have rightly ascertained the intention of the legislature (4). [...] It is inadmissible to take as an aid in construing an Act the proceedings of the Legislative Council which resulted in the passing of the Act (8) and the construction of Acts not in /Sari materia with the Limitation Act (e.g. [...] The sections of the Statutes are to be interpreted according to the plain meaning of the language contained in the section and in order to justify a Court to override the plain language of a Statute by reference to its spirit and general tenor the argument must be cogent and convincing (to.) A preamble cannot be taken to have cut down the express provision of a Statute (11). [...] From the point of view of the student the work 4.s excellent ; the leading principles are lucidly and succintly stated and references are added in the footnotes to the principal authorities on which the text is.
law
Pages
4
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal
11-14 Hara Chatterjee view

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