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Sanjeev Kuchhal (Publishers)     14 November 2009

Mimansa Principles of Interpretation

Apex Court in the case of Vijay Narayan Thatte & Ors. Vs. State of Maharashtra & Ors. (CIVIL APPEAL NO.5614 OF 2009 dated 18-8-2009) held that :

"It is deeply regrettable that in our Courts of law lawyers quote Maxwell and Craies but nobody refers to the Mimansa Principles of Interpretation. Most lawyers would not have even heard of their existence. Today our so-called educated people are largely ignorant about the great intellectual achievements of our ancestors and the intellectual treasury which they have bequeathed us. The Mimansa Principles of Interpretation is part of that great intellectual treasury, but it is distressing to note that apart from the reference to these principles in the judgment of Sir John Edge, the then Chief Justice of Allahabad High Court in Beni Prasad vs. Hardai Bibi 1892 ILR 14 All 67 (FB), a hundred years ago and in some judgments of one of us (M. Katju, J.) there has been almost no utilization of these principles even in our own country. Most of the Mimansa Principles are rational and scientific and can be utilized in the legal field (see in this connection K.L. Sarkar’s ‘Mimansa Rules of Interpretation’ which is a collection of Tagore Law Lectures delivered in 1905 and which contains the best exposition of these principles)"



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 11 Replies

Sanjeev Kuchhal (Publishers)     14 November 2009

Any comments by the experts regarding their knowledge on Mimansa Principles which is our traditional system of interpretation of legal texts.

Swami Sadashiva Brahmendra Sar (Nil)     14 November 2009

I do agree with the observations. However, I am yet to read Honorable Justice Katzu's book on Mimansa Principles of Interpretation.

Anish goyal (Advocate)     15 November 2009

I think these principles should be the part of syllabus of LL.B. Beside any one can upload these principles here? I would like to read them. Thanks. Otherwise tell me where to find these principles

Anil Agrawal (Retired)     15 November 2009

 Are the observations for the advocates or for the judges?

Anil Agrawal (Retired)     15 November 2009

 Justice Katju's judgement mentioned by Mr. Sanjeev Kuchhal on Mimansa Principles is very elucidating. Please download and read.


Attached File : 26 26 mimansa principles.doc downloaded: 261 times
2 Like

Anil Agrawal (Retired)     15 November 2009

 An eye opener: Enunciation of Mimansa Principle.

For example, the word `pankaja literally means whatever grows in mud. The
word `panka means `mud, and the suffix `ja means `which is born in. Hence
the etymological meaning of the word `pankaja is that which is born in mud.
Thus literally there can be several things which could mean `pankaja e.g. worms
or insects born in mud, all kinds of vegetation which are born and found in mud,
etc. However, by popular usage the word `pankaja has acquired a particular
meaning in common parlance i.e. lotus. This shows that we should prefer the
popular meaning or the meaning in common usage to the literal meaning of a word.

15. The reason behind this principle is that language is a tool of communication
between human beings, and hence that meaning should be given to a word which
helps communication between people. If the speaker of a word uses it in one
sense but the hearer understands it in another sense, there will be a
communication gap. Hence that meaning should be attributed to a word which
everyone would understand as it has acquired a special meaning in common
parlance.

Anil Agrawal (Retired)     15 November 2009

 Now that a fascinating subject has been opened up, I request friends to read this judgement also. Please download.


Attached File : 45 45 s ispat industries ltd vs commissioner of customs mumbai on 29 september 2006.pdf downloaded: 197 times
1 Like

Y V Vishweshwar Rao (Advocate )     15 November 2009

Dear Sanjeev

You have posted a very good and interesting Subject . We good Book on law and interpretation of the law and procedures ! even in  pre - English Rule in India there are several Booms on these subjects , but they were no made popular !I We will be discussing these aspects  now onwards !

With regars

 

Sanjeev Kuchhal (Publishers)     15 November 2009

I am attaching one file. Hope this will be good atlest at the starting stage of this discussion. Will try to post more on the subject shortly.

"MAXIMS & PRECEDENT IN CLASSICAL HINDU LAW"


Attached File : 12 12 maxims precedent in classical hindu law.pdf downloaded: 254 times
1 Like

Sanjeev Kuchhal (Publishers)     15 November 2009

Please also find attached the judgment of Apex Court in the case of Vijay Narayan Thatte & Ors. Vs. State of Maharashtra & Ors. (CIVIL APPEAL NO.5614 OF 2009 dated 18-8-2009). Said principles of Mimansa has been discussed from Para 7 to 11.


Attached File : 41 41 sc mimansa.pdf downloaded: 164 times
1 Like

Anish goyal (Advocate)     15 November 2009

Thanks to All of above respected members 4 providing such a information to this hungary law student

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