INTERPRETATION OF STATUTES
STA STATUTE : MEANING MEANI NG AND CLASSIFICA CLASSIFIC ATION
Submitted to: Dr. Anju Berwal Ber wal (Faculty, UILS, Panjab Univerity, !"andi#ar"$
Submitted By: Somnat" %ayal B.A.LLB (&on.$ 'oll o.:)*+*t" Sem rou/ 0 I
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I have written this project titled 6 Statute : 5eanin# and !lai7ication8 under the supervision of 6D'. A9U B4'3AL8 faculty of University Institute of Legal Studies, Panjab University, Chandigarh. The valuable suggestions of her supervision not only helped e iensely in a!ing this wor!, but also in developing an analytical approach in wor!. I found no words to e"press y sense of gratitude for #$I%&CT'%( of our institute for encourageent at every step . I a e"treely grateful to librarian and library staff of the institute for the support and cooperation e"tended tie to tie. )lso, y Parents and *riends contribution, support and cooperation in this wor! is beyond words.
Sonath Tayal %oll no. ++-
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Introduction 0 5eanin# 0 Particular o7 tatute !lai7ication o7 Statute 0 Duration 0 A//lication 0 2bject 0 2/eration 0 5et"od !oncluion
Introduction 5eanin# o7 Statute ) statute begins as a bill proposed or sponsored by a legislator. If the bill survives the legislative coittee process and is approved by both houses of the legislature, the bill becoes law when it is signed by the e"ecutive officer /the president on the federal level or the governor on the state level0. 1hen a bill becoes law, the various provisions in the bill are called statutes. The ter statute signifies the elevation of a bill fro legislative proposal to law. State and federal statutes are copiled in statutory codes that group the statutes by subject. These codes are published in boo! for and are available at law libraries. Lawa!ing powers are vested chiefly in elected officials in the legislative branch. The vesting of the chief lawa!ing power in elected lawa!ers is the foundation of a representative deocracy. )side fro the federal and state constitutions, statutes passed by elected lawa!ers are the first laws to consult in finding the law that applies to a case. The power of statutes over other fors of laws is not coplete, however. Under the U.S. Constitution and state constitutions, federal and state governents are coprised of a syste of chec!s and balances aong the legislative, e"ecutive, and judicial branches. )s the syste of chec!s and balances plays out, the e"ecutive and judicial branches have the opportunity to fashion laws within certain liits. The &"ecutive 2ranch ay possess certain lawa!ing powers under the federal or state constitutions, and the judiciary has the power to review statutes to deterine whether they are valid under those constitutions. 1hen a court stri!es down a statute, it in effect creates a law of its own that applies to the general public.Laws created through judicial opinion stand in contradistinction to laws created in statutes. Case law has the sae legally binding effect as statutory law, but there are iportant distinctions between statutes and case law. Case law is written by judges, not by elected lawa!ers, and it is written in response to a specific case before the court. ) judicial opinion ay be used as precedent for siilar cases, however. This eans that the judicial opinion in the case will guide the result in siilar cases. In this sense a judicial opinion can constitute the law on certain issues within a particular jurisdiction. Courts can establish law in this way when no statute e"ists to govern a case, or when the court interprets a statute .3 1
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*or e"aple, if an appeals court holds that witness testiony on eory recovered through therapy is not adissible at trial, that decision will becoe the rule for siilar cases within the appeals court4s jurisdiction. The decision will reain law until the court reverses itself or is reversed by a higher court, or until the state or federal legislature passes a statute that overrides the judicial decision. If the courts stri!e down a statute and the legislature passes a siilar statute, the courts ay have an opportunity to declare the new statute unconstitutional. This cycle can be repeated over and over if legislatures continually test the constitutional liits on their lawa!ing powers. 5udicial opinions also provide legal authority in cases that are not covered by statute. Legislatures have not passed statutes that govern every conceivable dispute. *urtherore, the language contained in statutes does not cover every possible situation. Statutes ay be written in broad ters, and judicial opinions ust interpret the language of relevant statutes according to the facts of the case at hand. %egulations passed by adinistrative agencies also fill in statutory gaps, and courts occasionally are called on to interpret regulations as well as statutes. Courts tend to follow a few general rules in deterining the eaning or scope of a statute. If a statute does not provide satisfactory definitions of abiguous ters, courts ust interpret the words or phrases according to ordinary rules of graar and dictionary definitions. If a word or phrase is technical or legal, it is interpreted within the conte"t of the statute. *or e"aple, the ter interest can refer to a onetary charge or ownership of property. If the ter interest appears in the conte"t of a statute on real estate ownership, a court will construe the word to ean property ownership. Previous interpretations of siilar statutes are also helpful in deterining a statute4s eaning.6 Statutes are not static and irreversible. ) statute ay be changed or repealed by the lawa!ing body that enacted it, or it ay be overturned by a court. ) statute ay lapse, or terinate, under the ters of the statute itself or under legislative rules that autoatically terinate statutes unless they are reapproved before a certain aount of tie has passed. In the case, CST 7s 8angal Sen Shalal, the court observed that a statute is supposed to be an authentic repository of the legislative will and the function of a court is to interpret in 3
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according to the intent of those that ade it. The legislature as the representative of the people of a nation or the people of the state e"presses its will and such e"pression of the will in accordance with constitution provision is a statute. ) Statute is a foral written enactent of a legislative authority that governs a country, state, city, or county. Typically, statutes coand or prohibit soething, or declare policy. The word is often used to distinguish law ade by legislative bodies fro the judicial decisions of the coon law and the regulations issued by 9overnent agencies.
) statute is a will of legislature conveyed in the for of te"t. The Constitution of India does not use the ter :Statute; but it uses the ter :law;. :Law; includes any ordinance, order, bye.
Therefore, a Statute is the will of the legislature and Indian Statute is an )ct of the Central or State Legislature. Statutes include )cts passed by the Iperial or Provincial Legislature in Pre
) Statute ay generally be classified with reference to its duration, nature of operation, object and e"tent of application. 'n the basis of duration, statutes are classified as either Perpetual or Teporary. It is a Perpetual Statute when no tie is fi"ed for its duration and such statute reains in force until its repeal, which ay be e"press or iplied. It is perpetual in the sense that it is not obligated by efflu" of tie or by non
) Teporary statute is one where its duration is only for a specified tie and it e"pires on the e"piry of the specified tie unless it is repealed earlier. The duration of teporary Statute ay be e"tended by fresh Statute or by e"ercise of power conferred under the original statute. The e"pired statute ay be revived by re
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A tatute i a will o7 le#ilature, "avin# 7ollowin# /articular : S"ort %itle : The short title is a nic!nae given to the statute for identification only, such as 6
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the Indian &vidence )ct, -@A3. It identifies an )ct but does not describe it. It only provides a facility of reference.
Lon# %itle : The long title is entioned at the head of the statute and contains a brief but
fairly understandable general description of the purpose of the statute. *or Instance, the long title of the Code of Criinal Procedure, -+A reads B An Act to consolidate and aend the law relating to criinal procedure. Similarly the long title of the Code of Civil Procedure, 1908 reads : )n )ct to consolidate and aend the laws relating to the procedure of courts of civil judicature and that of the Prevention of Food Adulteration Act, 19! reads : )n )ct to a!e provision for the prevention of adulteration of food. Preamble : Preable contains the ain objects of the )ct. *or instance, the preable of the
Indian Penal Code, -@? reads D 1hereas it is e"pedient to provide a general Penal Code for India, or the preable of the 1est 2engal Special Courts )ct, -+ reads D 1hereas it is e"pedient to provide for the speedier trial of certain offences.
5ar#inal ote : 8arginal notes are those notes which are inserted at the side of the
Sections in an )ct and e"press the effect of the sections. *or instance, the arginal note of section +6 of the Indian Penal Code reads D E)ct to which a person is copelled by threats4, or that of Section -- of the Code of Criinal Procedure, -+A reads D ESecurity for good behavior fro habitual offendersE, Fr that of Section -- of the Indian Contract )ct reads E1ho are copetent to contract4. fc4li
T &eadin# D Geadings are of a group of sections or of a single section these are generally
treated as preables to the group of sections or the individual section to which they are appended. *or instance, the heading before Sections -A3 to -+ of the Indian Penal Code reads D E'f Contepts of the lawful authority of public servantsE, or that before Section 6+@< ) of the Indian Penal Code reads D E'f cruelty by husband or relatives of husbandE.
De7inition o7 inter/retation claue : These e"ist generally in the earlier part of a statute.
Certain words or e"pressions used in different provisions of the statute are defined in these clauses. Haturally, the eanings of these words wherever they e"ist in the statute will be in accordance with their eaning given under the definition clauses generally. *or e"aple,
Section of the Indian &vidence )ct, -@A3 deals with the interpretation clause wherein the definitions of any words used in the )ct such as EcourtE, EfactE, ErelevantE, Efacts in issueE, EdocuentE, EevidenceE, EprovedE, EdisprovedE, Enot provedE and EI ndiaE have been given.
Provio : 1henever a proviso is inserted in asection, the natural presuption is that had
the proviso not been inserted the enacting part of the section would have included the subject atter of the proviso. *or instance, the proviso clause of Section -3<) of the Indian Penal Code beginning with the words EProvided thatE states that Eno agreeent e"cept an agreeent to coit an offence shall aount to a criinal conspiracy unless soe act besides the agreeent is done by one or ore parties to such agreeent in pursuance thereofE.
Illutration : )n Illustration is appended to a section with the purpose of illustrating the
provision of law e"plained therein. *or instance, si"teen illustrations //a0 to /p05 have been appended to Section A@ of the Indian Penal Code which illustrate various aspects of the offence of theft.
4=ce/tion and avin# claue : The purpose of adding an e"ception to an enactent is
e"epting soething which would otherwise fall within the abit of the ain provisionB Thus, an e"ception affirs that the things not e"epted are within the purview of the ain enactent. *or instance, five e"ceptions have been provided under Section of the Indian Penal Code which deal with those e"ceptional circustances when culpable hoicide is not urder. Siilarly, a saving clause is generally appended in cases of repeal and re
4=/lanation : &"planations are inserted whenever the legislature feels that a particular
provision needs e"plaining and it is essential to reove doubts which ay arise in the absence of it. *or e"aple, five e"planations have been attached to Section -@ of the Indian Penal Code which e"plain the eaning of EabettorE.
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Sc"edule : Schedules attached to a statute deal with as to how clais or rights under it are
to be asserted or as to how powers conferred under it are to be e"ercised ) schedule ay soeties contain certain subjects in the for of lists. The schedules entioned in the Constitution of India are illustrations of this !ind.
Punctuation : Statutes ay contain punctuations in the fors of sei
coa, full stop, hyphen, dash, brac!et and the li!e.
Horally, the court tries to find out the intention of the legislature in the language of the state itself. If it feels that the legislature has e"pressed itself unabiguously, the court does not allow any deviation fro the graatical eaning as that is the will of the legislature. *or instance, in %aawater v. )ssistant Sales Ta" 'fficer ,@ the Juestion was whether sale of betel leaves could not be ta"ed because these are vegetable which were not subject to sales ta". It was held by the Supree Court that the e"pression betel leaves has been used by the legislature in its ordinary sense and, therefore, cannot ean vegetable. )t ties, the court, finding that the literal eaning is not Juite free fro abiguity, ay attept to interpret an enactent in the light of the ischief which it is supposed to suppress. Such was the case in "an#ir Singh v. $elhi Administration where the officials of the respondent were beaten by the appellants while trying to round up stray cattle.the Juestion whether the anials abandoned within the eaning of the act under which officials of the respondents were rounding the up. The Supree Court held that the act was passed to suppress the ischief of anials straying on street, and conseJuently the ter abandoned could not ean 4ownerless4 as contended by the appellants but had to ean let loose or left unattended.+
Soeties, the eaning of a particular word depends on the eanings of the words associated with it. In %ainbow Steel Liited v. Coissioner of Sates ta", the Juestion was whether a theral power plant sold in perfect wor!ing condition would be an old achinery within the U.P. Sales Ta" )ct, -+6@. The Supree Court held that the eaning of the word old would depend on the words associated with it in the enactent, viK., discarded, unserviceable and obsolete. Thus interpreted, the theral power plant could not be held to 8AI'
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be an old achinery. In the above anner, the courts have applied different nors while interpreting various enactents. Through these different nors have evolved different principles of interpretation. The courts in India have probably helped, through the application of various principles of interpretation, to achieve social, econoic and political justice as per directives of the Constitution of India
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!lai7ication o7 Statute may be elaborated a 7ollow 0
A. !lai7ication wit" re7erence to bai o7 Duration (i$ Per/etual tatute
< It is perpetual when no tie is fi"ed for its duration and such a statute reains in force until its repeal which ay be e"press or iplied. (ii$ %em/orary tatute < ) statute is teporary when its duration is only for a specified
tie and it e"pires on the e"piry of the specified tie unless it is repealed earlier.
B. !lai7ication wit" re7erence to ature o7 2/eration (i$ Pro/ective tatute
) statute which operates upon acts and transactions which have not occurred when the statutes ta!es effect, that is which regulates the future is a Prospective statute. (ii$ 'etro/ective tatute
&very statute ta!es away or ipairs vested rights acJuired under the e"isting laws or creates a new obligation into a new duty or attaches a new disability in respect of transactions or considerations already passed are deeed retrospective or retroactive statute-.
!. !lai7ication wit" re7erence to bai o7 Duration (i$ Directory tatute
) directory statute is generally affirative in its ters, recoends a certain act or oissions, but iposes no penalty on non
) 8andatory statute is one which copels perforance of certain acts and directs that a certain thing ust be done in a certain anner or for. ) type of 8andatory Statute is the Iperative Statute. Iperative Statutes are often negative or prohibitory in its ters and a!es certain acts or oissions absolutely necessary and subjects a contravention of its provision to a penalty. 1hen the statute is passed for the purposes of enabling soething to be done and prescribes the foralities which are to attend its perforance, those prescribed 10
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foralities which are essential to the validity of the
things which are done are called
iperative or absolute, but those which are not essential and ay be disregarded without in validating the things to be done are called directory statutes. Iperative Statutes ust be strictly observed.
D. !lai7ication wit" re7erence to 2bjective (i$ 4nablin# tatute
These statutes are which enlarges the coon law where it is too strict or narrow. It is a statute which a!es it lawful to do soething which would not otherwise be lawful. &nabling statute is a statute that perits what was previously prohibited or that creates new powers. It is a statute that gives new or e"tended authority or powers, generally to a public official or to a corporation. *or instance, a congressional statute conferring powers on e"ecutive agencies to carry out various delegated tas!s--
(ii$ Diablin# tatute
These statutes restrict or cut down rights e"isting at coon law. )n act restraining a coon law right is a disabling )ct. $isabling statute is a statute that liits or curbs certain rights. It is passed in the reign of &liKabeth, which curbed the leasing of lands by the church and by eleeosynary corporations, and resulted in the turning over to &liKabeth of uch valuable land by the prelates, for which she paid nothing. ) disabling statute is also called restraining statute. (iii$ !odi7yin# Statute
It presents and orderly and authoritative stateent of the leading rules of law on a given subject, whether those rules are to be found in statute law or coon law. ) codifying statute is one which codifies the law, or in other words, which purports to state e"haustively the whole of the law upon a specific subject. The code contains the pre
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whether those rules are to be found in statute law or coon law.-3
(iv$ !onolidatin# tatute
The purpose of consolidating statute is to present the whole body of statutory law on a subject in coplete for repeating the forer statute. ) consolidating statute is one which consolidates the law on a particular subject at one placeB it collects all statutory enactents on a specific subject and gives the the shape of one statute with inor aendents, if necessary. *or e"aple, in &ngland the Law of Property )ct, -+3 which consolidated the )cts of .-+33 and -+36 /)ct Ho. 3 of -+A60 is a consolidating )ct. Siilarly, in )ustralia the Hew South 1ales 5ustices )ct, -+3 is a consolidating )ct. In India, the Code of Criinal Procedure, -+A6 is a consolidating statute relating to criinal procedure. The purpose of a consolidating )ct is to present the whole body of statutory law on a subject in a coplete for repealing the earlier )cts, Gowever, a consolidating )ct ay not4 be a ere copilation of earlier statutes.
(v$ !urative or validatin# Statute
< It is passed to cure defects in the prior law and too validate legal proceedings, instruents or acts of public and private adinistrative powers which in the absence of such statute would be void for want of confority with e"isting legal reJuireents but which would have been valid if the statute has so provided at the tie of enacting. ) curative or validating statute is one which is passed to cure defects in prior law, or to validate legal proceedings, instruents or acts of public and private adinistrative authorities which in the absence of such an )ct would be void for want of confority with e"isting legal reJuireents, but which would have been valid if the statute had so provided at the tie of enacting.M The purpose of a validating statute is to reove the cases of ineffectiveness or invalidity of actions or proceedings which are validated by a legislative easure. ) validating legislation norally contains the e"pression not#ithstanding any %udgment , decree or order of any court& The purpose of such an e"pression is to validate soe actions which would otherwise be unlawful or which ay have been declared invalid by a court. ) natural conseJuence of the passing of a curative )ct ay be the validation of such actions, which would otherwise be invalid, up to the e"tent of the validation by the
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legislature. The result of the validation is that notifications or other steps ta!en which ay otherwise have been invalid becoe valid.
(vi$ Declaratory tatute
) declaratory statute is a statute to reove doubts either in the coon law or in the statutory law. Passing of a declaratory statute becoes desirable when certain e"pressions in coon law or statutes are being isunderstood. This ay happen, for instance, where the courts have been interpreting a particular e"pression as connotingE a specific eaning which the legislature feels is a wrong notion of the e"pression. In such a case, the legislature ay pass a declaratory statute declaring the correct eaning of that e"pression thereby setting at rest the controversy about the correct eaning of toe e"pression. 8ere use of the e"pression it is hereby declared does not necessarily a!e the statute a declaratory statute. 9enerally, a declaratory statute contains a preable and also toe word declared as well as the word enacted .- The ain object of such an )ct is to reove doubts as to the eaning of the e"isting law, or to rectify an interpretation which toe legislature thin!s is wrong. In India, the Incoe Ta" /)endent0 )ct, -+@ which added e"planation 3 to Section 6 of the Incoe Ta" )ct, -+?- and the *inance )ct, -+@A aending the definition of E'wner of house propertyE in Section 3A are declaratory )cts.
(vii$ 'e/ealin# Statute
) statute which either e"pressly or by necessary iplication revo!es or terinates another statute is a repealing statute. ) repealing statute is one which repeals an earlier statute. This revocation or terination ay be by e"press or e"plicit language of the statute or it ay be by necessary iplication also. *or instance, the Gyderabad $istrict 8unicipalities )ctN. -+? was a repealing )ct which repealed the Gyderabad 8unicipal and Town Coittees )ct, -+-. Siilarly, the Code of Criinal Procedure, -+A /)ct Ho. 3 of -+A60 repealed and re
(viii$ Amendin# Statute
It is a Statute which a!es and addition to or operates to change the original law so as to effect an iproveent or ore effectively carry out the purpose for which the original law was passed. )n aending statute is one which a!es an addition to or operates to change 13 , AIR
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the original law so as to effect an iproveent therein or to ore effectively carry out the purposes for which the original law was passed. )n aending statute cannot be called a repealing statute. It is part of the law it aends. $irect Ta"es )endent )ct, -+A6, $irect Ta" )endent )ct, -+@? $irect Ta" Laws )endent )ct, -+@A, Ta"ation Laws )endent )ct, -+?3 Ta"ation Laws )endent )ct, -+A and Ta"ation Laws )endent )ct, -+@6, Criinal Law /)endent0 )ct, -+@ or Land )cJuisition /)endent0 )d -+@6 are e"aples of aending )cts.-6
(i=$ Penal tatute
) penal statute is one which punishes certain acts or wrongs. Such a statute ay be in the for of a coprehensive criinal code or a large nuber of sections providing punishents for different wrongs. Soe instances of such statutes are the Indian Penal Code, )rs )ct, -++, Prevention of *ood )dulteration )ct, -+6 etc. The penalty for the disobedience of the law ay be in the for of fine, forfeiture of property, iprisonent and even death. 1here obedience to law is enforced not by an individual action but by a coand of the law in the for of punishent, the statute is penal. ) penalty ca be iposed only when the letter of the law says so unabiguously and any doubt has to be resolved in favour of the alleged offender. (=$ %a=in# tatute
) ta"ing statute is one which iposes ta"es on incoe or certain other !inds of transaction. It ay be in the for of incoe ta", wealth ta", sales ta", gifts ta" etc. The object of such a statute is to collect revenue of the governent. Ta" is levied for public purpose. It is a source of revenue generation for die State. The oney so collected is utilised for welfare activities of the people. Ta" can be levied only when a statute uneJuivocally so provides by using e"press language to that effect and any doubt is resolved in favour of the assessee.
(=i$ 4=/lanatory tatute
)n e"planatory statute is one which e"plains a law. Such a statute is generally enacted with a view to supply an apparent oission or to clarify abiguity as to the eaning of an e"pression used in a previous statute. A )n )ct enacted for the e"press purpose of e"plaining 14
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or clearing up doubts as to the eaning of a previous )ct is an )ct of e"planation or an e"planatory statute. *or instance, the %oyal 8ines )ct, -?@@ in 2ritain was passed to «
encourage ining certain baser etals while the %oyal 8ines )ct, -+? was enacted for better e"planation of the earlier )ct. The latter is an e"aple of e"planatory statute. (=ii$ 'emedial tatute
) reedial statute is one whereby a new favour or a new reedy is conferred. The ain object of passing such a statute is to a!e iproveents in the enforceent of one4s rights or for redress of wrongs and reove defects or ista!es in the forer law. 'f late, another synonyous e"pressionM vi'&, socio
-. Public statute, 3. Private statute. ) public statute is one which relates to a atter of public policy. Such a statute ay be general, local or personal in nature. ) private statute concerns with atters which are individual in nature or is related to a body which has no public conseJuence. In the United Oingdo, proof of a public )ct is not necessary in a court but a private )ct has to be proved. )ccording to the Interpretation )ct, -++@ of &ngland all statutes passed after -@ will be public statutes and will be ta!en judicial notice of unless contrary is provided in the statute itself. The origin of private )ct sees to be in orders ade by the Parliaent upon petitions of individuals who wanted redressal of private grievances because no reedy for the
available in coon law -
!oncluion: &nabling statutes is iportant to ensure that provisions are in place which give the progra and its representatives clear legal authority to access facilities and records. 1hen probles with access arise, the enabling statutes are used as the tools to resolve these issues Juic!ly. Those tools include the authority of the progra or soe other entity in the state . Thus, to draw conclusion it can be said that if the subordinate or delegated legislation goes beyond the scope of authority concerned on the delegate or it is in conflict with the Parent or &nabling )ct, it is called substantive ultra vires. The validity of the subordinate or delegated legislation ay be challenged before the Courts on this ground. It is a echanis to curb down the e"ploitation of power by the adinistrative authority as we all !now that #power corrupts and absolute power corrupts absolutely(. Gowever in this field there is lac! of developent and there is no substantial change in the concept all though the changing nature of the current legislative ethod has widen the horiKon of the power of the authority by giving the power to act according to the need of the tie, even soeties travelling beyond the restrictions.
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BIBLI2'AP&@ : . 5ustice ).O. og, Interpretation of statutes, 8odern law pub. ?. Prof. T 2hattacharaya, Interpretation of Statute s, Central Law )gency -. $.H. 8athur, Interpretation of Statutes, Central Law )gency,
34BLI2'AP&@: -. httpDwww.lawyersclubindia.coarticlesInterpretation
httpDwww.caaa.inIageInterpretationQ3ofQ3Statutes.pdf