CS Professional – Jurisprudence – The General Clause Act, 1897
Online CS Classes – The General Clause Act, 1897 is that type of act which lay down the basic principle on how the law should be interpreted. It is also known as interpretation act. The clause provides legal terms, methodologies, and expressions that help to remove repetition and also provides a standard set of principles which is used in legislation. It provides rules on interpretation and expression to define things more clearly.
General Rule Of Construction
As clear from the name, it defines how legal instrument can be interpreted especially contracts and statutes. Most states in India treat the rules as mere customs not having the Force of law.
Construction of document is generally done on unambiguous legal documents and when the dispute is of legal significance.
We will examine the legal terms, the circumstances around the case, provisions, law, and verbal agreements.
If there is technical and exact meaning of word available for any ambiguous word is given, we should use only that word no other similar meaning will be used.
A near similar or equitable word permits a term to be reasonably and fairly evaluated so as to be similar with the object and purpose for which the document is designed. This does not mean that the words will be used out of their natural sense of meaning.
We either see an intention of document or in any case document is unambiguous a regular pattern of the decision concerning the application of a provision of statute or how the text will be applied in different cases.
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Terms Of Construction
Ejusdem Generic: – If the document is unambiguous, then interpretation should be done against interest person who wishes the clause to be interpreted.
The definition of unambiguous law is a question of law and decided by the province of law and can be determined the practical knowledge.
Kinds Of Rule Of Construction
- Literal rule of construction: – the meaning of words or construction of words should be done as it was passed by authorities. If the world is already ambiguous and clearly defined there is no need for interpretation.
- Purposive rule of interpretation: – we should see what common law was before making the act. What mischief was corrected by the law? For what purpose law was established and what was the true reason of remedy?
- Harmonious construction: – meaning of an act should be constructed harmonious with other articles. A provision of the constitution must be construed and considered as a part of the law and it should not be conflicted with other Articles and which conforms with the Constitution’s general scheme.
- Rule of beneficial construction: – when there is more than two interpretation of the law, one should prefer which provide law and protect the benefit of given legislation. Legislative intent should be focused. Benefits of interpretation should be given to those who are included in that scheme and not extended to others.
- Strict construction of penal statutes: – there is two possibility of interpretation, the one who attracts penalty and one who doesn’t. the court should more inclined to ones who didn’t attract penalty.
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