Interpretation

Question 1

External Aid-Historical Setting

Answer 1

1. The history of external circumstances which led to the enactment in question.
2. Help from external & historical facts to understand and comprehend the subject matter, scope and object of the enactment
3. Parliamentary history, ancient statutes and authentic & contemporary works and writings -relevant in interpreting
4. To consider whether the statute in question was intended to alter the law or leave it where it stood before the previous law.

Question 2

External Aids-Consolidating Statute with Previous law

Answer 2

Where a statue contains expression such as ‘An Act to consolidate’ Court may presume that the Statute is not intended to alter the law. They may solve any doubt in the statute with the aid of such presumption in intention and reject literal construction.

Question 3

External Aids-Usage

Answer 3

1. Where the meaning of the act is doubtful, Usage -means how the statute had been interpreted and used over a long period of time, can determine its true meaning.
2. It is emphasized, a legislative measure to doubtful meaning, received an interpretation which has been acted upon by the public for several years, the court must be unwilling to change that interpretation, unless it has cogent reasons to do so.

Question 4

Short note on ‘Means’ with Illustration

Answer 4

When a word is defined to ‘mean’ such and such, the definition is prima facie restrictive and exhaustive, we must restrict the meaning of the word to that given in the definition section.

Illustration: Definition of Director (Section 2[34] of the Companies Act, 2013): Director means a director appointed to the board of a company. The word ‘means’ suggests exhaustive definition.

Question 5

Short note on ‘Includes’ with Illustration

Answer 5

When a word is defined to ‘include’ such and such, the definition is prima facie extensive, here, the word defined is not restricted to the meaning assigned to it but also has extensive meaning which also has the meaning assigned to it in the definition section.

Illustration: Definition of Whole Time Director (Section 2(94)) Whole Time Director includes a director in the full time employment of the company. The word includes suggests extensive definition. Other directors may be included in the category of whole time director.