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Law Notes 16mrks

This Website and 16mrks App has been developed for law students as reading law books and making notes from them in law school is a cumbersome process. 16mrks helps solve this problem. Law notes are based on questions asked for 16 marks for BSL / BA LLB Course and LLM Course. These notes can also be referred for Civil Competitive Exams i.e. UPSC and MPSC .

Please take note that all topics might not be covered. New topics will be added over updates.

Frequently asked questions are covered.

Courses:

1. BSL / BA LLB

2. LLB

3. JMFC / UPSC / MPSC

Reference books : As suggested by the University of Pune in their syllabus.

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Synopsis

I. Introduction

The Legislature is the representative of the people of a nation which expresses its will and such expression of the will in accordance with the constitutional provisions is a "statute". A statute is an act of the Legislature.

II. What is interpretation?

The lawyers and the courts are always seen busy in unfolding the meaning of ambiguous words and expressions used in a statute and in resolving inconsistencies. Thus, the meaning of the words and expressions of the enacted law is ascertained by courts. This process of ascertaining the meaning by a court is termed as interpretation.

To interpret is to explain or to translate into an intelligible language. [P.R. Aiyar, Concise Law Dictionary]

There are two broad approaches to interpretation i.e. literal and liberal. Literal interpretation stretches the literal meaning of the words used while liberal stresses the general intention and purpose of the statute or deed. But the task of interpretation may be assisted by interpretation of sections, by various presumptions, and by reference to previous cases in which the phrases, in question, have been considered and interpreted.

According to Webster's Third New International Dictionary, to interpret means to explain the meaning of- to conceive in the light of individual belief, judgement or circumstance. Interpretation, therefore, means the act or the result of interpreting.

In the words of Salmond, by interpretation or construction is meant the process by which the courts seek to ascertain the meaning of the Legislature through the medium of authoritative forms in which it is expressed.

III. Object of interpretation

The object of interpretation is to ascertain the true intention of the legislature and to give effect to it.

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