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  समय का संगणना Computation of time The Computation of time under the General Clauses Act, 1897 is an important concept in the context of interpretation of statutes, as it dictates how time periods prescribed in statutes are to be calculated. This provision ensures uniformity and clarity when dealing with time-related issues in legislation. Section 9 of the General Clauses Act, 1897: Section 9 of the General Clauses Act, 1897 lays down the rules for the computation of time for any legal or statutory matter. It helps clarify how time is to be calculated, particularly when time frames are prescribed in any statutory law, order, rule, or regulation. Key Provisions of Section 9: 1.             Inclusion of the First Day: o              Rule: When a time period is prescribed for doing something "from a particular day" or "after a particular day," the day from wh...

  निरसन का प्रभाव   Effects of repeal The General Clauses Act, 1897 (GCA) plays a pivotal role in the interpretation of statutes in India, especially when dealing with the effects of repeal of laws. The provisions of the GCA provide guidance on how to interpret the repeal of a statute, and its implications, and clarify the consequences of repealing an enactment. Understanding Repeal under the General Clauses Act, 1897 The term "repeal" refers to the formal revocation or annulment of a law, rule, or enactment by a subsequent legislative act. Under the General Clauses Act, the repeal of a statute is not just the simple abrogation of the law; it involves several key legal consequences. Key Provisions Relating to Repeal in the General Clauses Act, 1897 Section 6 of the General Clauses Act, 1897 This section governs the effect of the repeal of any Act, rule, regulation, or other law and provides guidance on how to interpret the consequences of such repeal. It state...

अधिनियमितियों का प्रवर्तन में आना Coming into operation of enactments The General Clauses Act, 1897 is an important piece of legislation in India that provides rules for the interpretation of statutes. One of its key provisions deals with the coming into operation of enactments (laws). This helps clarify when a statute or its provisions come into force and how they should be interpreted in terms of their application. Key Points on "Coming into Operation" of Enactments under the General Clauses Act, 1897: 1. Section 5: Commencement of Act •              Explanation: Section 5 of the General Clauses Act, 1897, deals with the commencement of an Act. It states that an Act (or a provision of an Act) does not come into force immediately upon its passage, but will come into force on such date as the government may specify in the official gazette. •              Impl...

केन्द्रीय सरकार Central Government The term "Central Government" under the General Clauses Act, 1897 plays an important role in the interpretation of statutes in India. The General Clauses Act, 1897 is a key legislation used to define terms and provide guidance on the interpretation of other statutes. Section 3(8) of the Act specifically deals with the term "Central Government." Here’s a pointwise explanation of its role in the interpretation of statutes: 1. Definition of Central Government (Section 3(8) of the General Clauses Act, 1897) •              Explanation: According to Section 3(8), the term "Central Government" is defined to mean the Government of India. •              Implication: This definition ensures consistency in statutes, as it clarifies that whenever "Central Government" is mentioned, it refers to the Government of India, which exercises exec...

 The maxim "Ultimatum Potior Quam Portio" is derived from Latin and is an important principle in the interpretation of statutes. It translates to "The last will is better than the first," meaning that the later expression of intent (whether in a contract, will, or statute) overrides earlier provisions that might conflict with it. In the context of statutory interpretation, this maxim refers to the preference given to the later expression of legislative intent when dealing with provisions that seem inconsistent or conflicting. Meaning and Application: The maxim is applied when two provisions of a statute appear to conflict with each other, and the courts must determine which provision holds greater authority. It suggests that the most recent or later law, statute, or amendment takes precedence over earlier ones unless there is a specific indication to the contrary. Key Principles: 1.             Subsequent Legislation Su...

 The legal maxim Delegatus Non Potest Delegare is a principle that means "A delegate cannot further delegate." In essence, it holds that when a person or body is entrusted with a specific duty or power, they cannot delegate that power or responsibility to another person or body unless specifically authorized to do so by the law or the instrument under which the power was granted. This maxim applies to situations where powers are given by statute or contract to a particular authority, and that authority cannot delegate its duties to a third party without express permission. Explanation of the Maxim 1.             Principle of Non-Delegation: This maxim arises from the principle that when a person or body is granted powers, especially statutory or fiduciary powers, those powers are entrusted to them personally or specifically. Such powers cannot be delegated to someone else unless the law explicitly allows it. This ensures th...

Answer (d) The maxim "Reddendo Singula Singulis" is a principle of statutory interpretation, which means "giving each thing its own meaning" or "applying one meaning to each word or provision separately." It is a rule that is applied when a statute or a legal document contains provisions that are listed together, but each one needs to be understood or interpreted in isolation, applying its specific context or meaning. Explanation of the Maxim: •              The maxim essentially dictates that when multiple things are mentioned together, and each thing has a distinct relationship with its corresponding term, they must be interpreted separately in relation to the object or subject they refer to. •              It is used to ensure that each word, phrase, or provision is interpreted according to its specific reference, without assuming that the meaning of one el...

Answer- (c) Maxim: "Jure Naturae Sunt Immutabilia" Meaning: The Latin maxim Jure Naturae Sunt Immutabillia translates to "By the law of nature, things are unchangeable." In the context of statutory interpretation, this maxim implies that certain fundamental principles of law, especially those grounded in natural law or public policy, are immutable and cannot be altered by human laws or positive law. It suggests that laws based on natural justice, equity, and basic human rights hold a special status, which makes them unalterable even by legislative authority. This maxim can be used to argue that there are certain core principles that remain constant despite changes in legislation or interpretation, ensuring that justice and fairness are maintained at all times. ________________________________________ Application of the Maxim in Statutory Interpretation In the context of statutory interpretation, courts often use this maxim when interpreting statutes tha...

Answer (b)  The maxim "Expressus Facit Cessare Tacitum" is a principle used in the interpretation of statutes, which means “What is expressed, makes the implied cease.” In simpler terms, when something is explicitly stated in a law, any previously implied provision or rule is no longer applicable or has been overridden. This principle is often invoked in legal contexts to indicate that when a statute expressly provides for a particular case or situation, any implied provisions in law regarding that matter are deemed to be nullified. Here’s a breakdown of the maxim and how it is applied with the help of decided cases: 1. Meaning of the Maxim •             The maxim asserts that if a statute or legal provision expressly addresses a certain issue, any implied provisions (whether they were previously understood or assumed) no longer hold any force. •           ...

 Answer- (a) The maxim "Generalia Specialibus Non-Derogant" is a fundamental principle in statutory interpretation. It translates to "general provisions do not derogate from special provisions." Essentially, this means that when there is a conflict between a general rule or provision and a specific one, the specific provision should prevail. The rationale behind this maxim is that special provisions are presumed to address particular situations in greater detail, while general provisions may not fully cover the intricacies of a specific issue. Explanation of the Maxim: •              General provisions are those that apply broadly and are meant to cover a wide range of situations. They are often seen as secondary rules that can guide the application of the law in general circumstances. •              Special provisions, on the other hand, are those that ...

Delegated Legislation is indispensable in modern times. Explain the factor responsible for delegated legislation. Answer- 23 Delegated legislation is a vital component of modern governance, particularly in the context of the interpretation of statutes. Several factors contribute to the need for delegated legislation, which allows for the practical implementation of laws passed by legislative bodies. Here are the key factors that justify and necessitate delegated legislation: 1. Complexity of Modern Legislation •              Explanation: Laws today are often complex and cannot cover every minute detail in the statutes. Due to the evolving nature of society, technology, and economics, primary legislation may not be able to address specific situations that arise frequently. •              Role of Delegated Legislation: It allows for the delegation of powers to ...

  What do you mean by mandatory and directory provision in statutes? Explain. Answer-23 In the context of Interpretation of Statutes, the terms mandatory provision and directory provision refer to the nature of compliance with the provisions of a statute. Here's a point-wise explanation: Mandatory Provision: 1.             Definition: A provision in a statute that must be complied with in a strict and obligatory manner. 2.             Effect of Non-Compliance: If not followed, it may lead to legal consequences, such as invalidity or penalty. 3.             Language: Usually uses words like “shall”, “must”, or “will” to indicate that the provision is imperative. 4.             Judicial Interpretation: Courts generally interpret mandatory provisions as t...

  What is the role of Internal Aids in the Interpretation? Discuss. Answer- 21 In the interpretation of statutes, Internal Aids refer to the aids or tools that are found within the statute itself to aid in understanding its meaning. These aids help clarify the language, intent, and scope of a law. Here’s a point-wise explanation of the role of internal aids in the interpretation of statutes: 1. Preamble: •              Role: The preamble provides the general purpose and underlying objectives of the statute. It helps to understand the intent of the legislature when they passed the law. •              Example: If a statute has a preamble stating its purpose is to promote environmental protection, the courts can refer to this to understand how the statute should be interpreted in case of ambiguity. 2. Title: •        ...

  Explain the difference between literal rule and golden rule of interpretation. Answer- 20 In the interpretation of statutes, the Literal Rule and the Golden Rule are two approaches used by courts to interpret the meaning of statutory provisions. Here’s a point-wise comparison of both: Literal Rule: 1.             Definition: The literal rule of interpretation is the approach where words are given their plain, ordinary, and natural meaning, regardless of the consequences or the intention behind the statute. 2.             Principle: It assumes that the legislature means exactly what it says, and the court should apply the statute according to the literal meaning of the words used. 3.             Application: The court applies the words of the statute as they are written, even if they lead to an absurd or un...