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the maharaja sayajirao university of baroda faculty of law year second year paper code semester ii semester subject interpretation of statutes core objective 1 legislation is the main source of ...

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                                      The Maharaja Sayajirao University of Baroda 
                                                      Faculty of Law 
                                                               
                                                               
               Year:   Second year                                                 Paper Code: 
                
               Semester: II semester 
                
               Subject: Interpretation of Statutes (Core) 
                
               Objective: 
               1. Legislation is the main source of law of the modern era. Legislation enacts law after many 
               deliberations. With the emergence of legislation, Interpretation of Statutes has become a method 
               by which the judiciary explores the intention behind the statutes. 
               2.  The course explains to the students the various methods used for judicial interpretation in 
               construction of words, phrases and expressions. 
                 
                
               Unit 1: Principles of Legislation and Meaning of Interpretation of Statutes 
                      1.1 Principles of Legislation 
                          1.1.1  Law making- the legislature, executive and the judiciary 
                          1.1.2  Principle of Utility: Relevance and operation of the theories of John Rawls 
                                 and Robert Nojick- Individual interest to community interest 
                      1.2 Meaning of Interpretation of Statutes 
                          1.2.1  Meaning and nature of the term ‘Statutes’ 
                          1.2.2  Statute vis-à-vis Common Law 
                          1.2.3  Classification of Statutes 
                          1.2.4  Difference between Interpretation and Construction 
                
                   Unit 2: Rules of Interpretation and Related Maxims 
                          2.1 Literal Rule 
                          2.2 Golden Rule 
                          2.3 Mischief Rule 
                
                 Unit 3: Aids to Interpretation 
                            3.1 Intrinsic Aids to Interpretation 
                            3.2Extrinsic Aids to Interpretation 
        
         Unit 4: Presumptions and Subordinate Principles 
                  4.1 Presumptions 
                    4.1.1 Presumption against alteration in common law 
                   4.1.2 Statutes are valid 
                   4.1.3 Statutes are territorial in operation 
                   4.1.4 Presumption as to jurisdiction 
                   4.1.5 Presumption against what is inconvenient or absurd 
                   4.1.6 Presumption against intending injustice 
                  4.1.7 Presumption against permitting advantage from one’s own wrong 
                 4.1.8 Presumption against Retrospectivity 
             4.2 Subordinate Principles 
                 4.2.1 Statutes in Pari material 
                4.2.2 Interpretation of words 
                4.2.3 Ejusdem Generis 
               4.2.4 Noscitur a Sociis 
               4.2.5 Bonam Partem 
               4.2.6 Reddendo Singula Singuli 
               4.2.7 Legal Fiction 
               4.2.8 Construction of Disjunctive and Conjunctive words 
        
     Unit 5: Interpretation with reference to subject matter and purpose 
        5.1 Restrictive and Beneficial Construction 
            5.1.1 Taxing statutes 
            5.1.2 Penal Statutes 
            5.1.3 Welfare legislations 
        5.2 Interpretation of Directory and Mandatory provisions 
        5.3 Interpretation of Delegated Legislation 
        
     Unit 6: Principles of Constitutional Interpretation and Expiry and Repeal of Statutes 
        6.1 Principles of Constitutional Interpretation 
               6.1.1 Harmonious construction 
                               6.1.2 Doctrine of Eclipse 
                              6.1.3 Doctrine of Severability 
                              6.1.4 Doctrine of colourable legislation 
                              6.1.5 Doctrine of Pith and Substance 
                           6.2 Expiry and Repeal of Statutes: Principles 
                               6.2.1 Perpetual and Temporary Statutes 
                               6.2.2 Effect of expiry of temporary statutes 
                              6.2.3 Express and Implied Repeal of Statutes 
                              6.2.4 General principles of Repeal 
                              6.2.5 Consequences of Repeal 
                        
                        
                       PSDA: Professional Skill Development Activities:  
                            i.      Reading the judgments of Supreme Court of India and High Courts to understand 
                                    interpretation of statutes 
                           ii.      Understanding and reading statutes and interpreting them 
                                     
                       Mode of Transaction: Lecture method with the use of power point presentations 
                        
                       References:  
                                                                                                                                                                th
                       1.  Avtar Singh and Harpreet Kaur, Introduction to Interpretation of Statutes ( LexisNexis, 4  
                       edition 2014) 
                                                                                                                         th
                       2. Langan,  Maxwell on Interpretation of Statutes (LexisNexis, 12  edition 2010) 
                       3. Justice G.P.Singh, Principles of Statutory Interpretation Including the General Clauses Act,    
                       1897 with Notes (LexisNexis, 2012) 
                       4. Vepa Sarathi,  Interpretation of Statutes (Eastern Book Co., 2015 edition 2015) 
                       5. K. P. Chakravarty, Interpretation of Statutes (Jain Book Agency, 3rd Edn. 2014) 
                       6. M.P. Tandon, Interpretation of Statutes and Legislation (Allahabad Law Agency, 2015) 
                       7. P.M. Bakshi,  Statutory Interpretation of Statutes (Orient Publishing House, 1st Edn, 2008)  
                       8. Jeremy Bentham, Bentham's Theory of Legislation: Being Principles de Legislation and 
                       Traites de Legislation (Palala Press, 2016) 
                        
                        
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