There it is stated that the rule of construction is. Singh, principles of statutory interpretation 12th edition 2010, reprint 20 p. Pepper v hart is a landmark decision relating to resorting to parliamentary history as an external aid to construction. Buy interpretation of statutes book online at best prices in india on. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. Attorney general and another v lewanika and others s. On the interpretation of statutes sir peter benson maxwell full view 1875. On the interpretation of statutes by the late sir peter benson maxwell. For a similar approach, see p langan maxwell on the interpretation of statutes 12th edition, 1976 1. In maxwell on the interpretation of statutes, 12th edition, the statement of law in this regard is stated thus. On the interpretation of statutes sir peter benson.
This rule is explained in the maxwell on the interpretation of statutes in the 12th edition in following words when two or more words susceptible of analogous meaning are coupled together, they are understood to be used in their cognate sense. Necessity of interpretation of statute arises when a case involves a statute. Maxwell on the interpretation of statutes details trove. Langan, isbn 9788180380198, published by lexisnexis butterworths wadhwa nagpur india. Ebcs v d kulshreshtha landmarks in indian legal and constitutional history by sumeet malik 12th edition, 2019. I shallnow refer to section 14a of the interpretation ordinance, which reads asfollows. On the interpretation of statutes peter benson maxwell. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Singh, principles of statutory interpretation, pages 1 154 12th edition 2010 p. Sarkars mimansa rules of interpretation, edited by justice markand katju, tagore law lecture series 1905, 3rd ed. Maxwell on the interpretation of statutes langan, p. The subject interpretation of statutes is concerned with the pinciples, rules, methods and techniques which jurists employ in order to understand statutes, ie legal precepts. What are the difference between ejusdem generis and noscitu. Jurisprudence notes maxwell on the interpretation of.
Buy maxwell on the interpretation of statutes book online at best prices in india on. The irrelevance of punctuation has two consequences. Criminal liability to offence sections 8, 9, 140, 1411 and 1412 of negotiable instruments act, 1881 appeal nos. One of the functions of the judiciary is to interpret and analyse the provisions of statutes in reaching a decision or providing clarification of true meaning of the enactment. The academic author who later went to the bar and then on to the bench of the 12th edition of maxwell on the interpretation of statutesadmittedly written for a practitioner audienceopened his preface with. Maharashtra ownership flats regulation of the promotion. Statutory interpretation is the process by which courts interpret and apply legislation.
On the interpretation of statutes maxwell, peter benson. In order to set up a list of libraries that you have access to, you must first login or sign up. Maxwell on the interpretation of statutes twelfth edition. Important maxims related to interpretation of statutes. Maxwell on the interpretation of statutes two seemed necessary first, to retain the style of the original author. Langan, maxwell on interpretation of statutes 12th edition, page 33. Bonus shares are possible under the new act daily news. However, formatting rules can vary widely between applications and fields of interest or study. Langan, isbn 9788180380198, published by lexisnexis butterworths wadhwa nagpur india from. Interpretation of statutes and principles of legislation. Langan, maxwell on the interpretation of statutes, pages 7152 2006 edition illustrative cases. Miers the law of interpretation in ghana exposition and critique bimpong buta,s.
J agreed endorsed the rule expressed in maxwell on the interpretation of statutes 12th edition p. Kf 425 m3 1920 on the interpretation of statutes by the late sir peter benson marshall. Langan, 9780421127104, available at book depository with free delivery worldwide. Maxwell on the interpretation of statutes, 12th edition, page 281, states another reason why the same word or phrase sometimes receives two different constructions is that the sections in which it occurs are derived from two distinct enactments.
Maxwells acquittal of public servants by supreme court from corruption charges alongwith full text of. The english rule is that punctuation is no part of a statute and it ought to be disregarded in the construction of statutes, see maxwell on the interpretation of statutes, 12th edition at page. Maxwell on the interpretation of statutes buy online now. She then referred to maxwell on interpretation of statutes by p. Some amount of interpretation is often necessary when a case involves a statute.
Maxwell on the interpretation of statutes 12th ed wildy. Where they are possible of giving one and only one meaning there is no problem. An evaluation of the rules of statutory interpretation. Maxwell on the interpretation of statutes national. Apart from above brief submissions on interpretation of different statutes, many types of internal and external aids are used for the purpose of interpretation of statute. Odgers construction of deeds and statutes 5th edgerald dworkin the interpretation of contracts 3rd ed. The act is also applicable for interpretation of the constitution. This barcode number lets you verify that youre getting exactly the right version or edition of a book. On the interpretation of statutes by maxwell, peter benson, sir, 18171893. To seek some guidance on interpretation of statutes one should in my opinion resort to that useful book of maxwell on the interpretation of statutes, 12th edition. Bindras interpretation of statutes comments on this approach as follows. Perhaps no rule of construction is more firmly established than thus that a retrospective operation is not to be given to a statute so as to impair.
In considering the law relating to this appeal we have referred to learned author of maxwell on interpretation and statutes who, at p. Maxwell on the interpretation of statutes twelfth edition at p 169 while from law 554 at amity university. Buy interpretation of statutes book online at low prices. Craies statute law and maxwell on the interpretation of statutes. Maxwell on interpretation of statutes, 12th edition at. Maxwell on interpretation of statutes under the head ut res magis valeat quam pereaf states thatif the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the. Langan, maxwell on the interpretation of statutes, 12th edition 16th impression 2008, lexisnexis butterworths india, p. Maxwells the interpretation of statutes 12th edition citing reference. Maxwell on the interpretation of statutes buy online now at jain. Maharashtra ownership flats regulation of the promotion of construction, sale, management and transfer act, 1963. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. The statement in maxwell on the interpretation of statutes, 12th ed. Witness statements adduced as evidence in murder trial.
Mens rea in statutory offences legal service india. Buy maxwell on the interpretation of statutes book online. At common law there is a presumption that a statute does not have retrospective effect. Then set up a personal list of libraries from your profile page by clicking on your user name at the top right of any screen. Langan, maxwell on the interpretation of statutes 2006 edition vepa p. This rule is explained in maxwell on the interpretation of statutes 12th edition in following words when two or more words susceptible of analogous meaning are coupled together, they are understood to be used in their cognate sense. This is a wellestablished and reputed work on the interpretation of statutes.
See also lm du plessis the interpretation of statutes 1986 1. The definition and the rules of interpretation contained in the general clauses act have to be read in every statute governed by it, provided the statute does not contain anything repugnant to them in the subject or context or does not exhibit a different intention 12. To include a comma in your tag, surround the tag with double quotes. Maxwell on the interpretation of statutes by langan, p. Langan, 12th edition 2010, lexis nexis butterworths wadhwa nagpur.