Interpretation and its Rule

Meaning

 

In simple understanding legal document are drafted by the professional with the help of legal word to create more value of the document which is not possible for a normal person to be understand without having legal knowledge. So proper understanding of the legal document for normal person quite difficult, in order to short this problem interpretation rules are introduced.

 

So from the above we can understand the meaning of Interpretation that is proper constructing the meaning of legal word by applying the rule.

 

Need for Interpretation

 

In simple word need to interpretation is to clearly understand the legal language, because it is not within the human power to forsee the manifold sets of fact which may arise and without having the legal knowledge no body can extract the actual meaning from the legal draft. The object of the interpretation is to discover the intention of the author of the instrument. So to understand the actual meaning the thinking of reader should be similar to the writer and it can possible only when the reader succeed in finding the actual meaning of the word used by the author.

 

Principles of Interpretation

 

It must e cleared that, it is only when the intention of the legislature as expressed in the statute is not clear , that the Court in interpreting it will have any need for the rules of interpretation of statute. The rules of the interpretation are pointed below –

 

1. Primary Rules:

 

(a) Literal Construction : According to this rule the word, phrases and sentences of a statute are ordinary or popular and grammatical meaning unless such a construction leads to an absurdity or the content or object of the statute suggest a different meaning .

 

(b)  The Mischief Rule r Heydon’s Rule: In this rule four things are to be consider – i) What was the common law before the making of the Act. ii) What was the Mischief and defect for which law did not provide. iii) What remedy are available to cure damages. iv) The true reason of the remedy.

 

(c) Rule of Reasonable Construction : Normally the word used in the statute have to  be construed in their ordinary, but in many cases judicial approach find that the simple device of adopting the ordinary meaning of words does not meet the ends as a fair and reasonable construction. It become necessary to have regard to the subject matter of the statute. According to this rule, the word of the statute must be construed ut res magis valeat quam pareat, so as to give reasonable meaning to them.

 

(d) Rule of Harmonious Construction: A statute must be read as a whole and one provision of the Act should be construed with reference to other provision in the same Act. so as to make a consistent enactment of the whole statute . Such construction has the merit to avoid inconsistency between a section and other part of the statute.

 

(e) Rule of Ejusdem Generies: According to this rule all the general word contain in the statute may be construed with reference to the antecedent matter and the construction may be narrowed down by treating them as applying to the things of the same kind as those previously mentioned.

 

2.  Other Rule of Interpretation:

 

(a)  Expressio Unls Est Exclusio Alterius: The Rule means that express mention of one thing implies exclusion of other. The method of construction according to this maxim must be carefully watched.

 

(b) The Noscitur a Socitis: In this rule  meaning of the word should be known from its accompanying word. It is not a sound principle for interpretation. of statute to lay emphasis on one word disjuncted from its preceding words

 

(c) Strict and Liberal Construction : This Rule means Acts are not to be regarded as including anything which is not within their letter as well as their spirit, which is not clearly and intelligibly describe in the very words of the statute as well as manifestly intended, in simple meaning everything to be done in advancement of the remedy that can be done consistently with any construction of the statute.

 

From the above we can easily obtained the usefulness of the Interpretation and the requirement also, because no body can interpret legal document without having legal knowledge. So a person can interpret legal document only with the help of  the Rule of Interpretation given in the above. So interpretation is very useful because without understanding the meaning no body can perform the function mention in the document.

 

Diganta Paul 
on 17 March 2012
Published in Legal Documents
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