Legal Chalk

  No doubt in modern times, the enacted laws are drafted by legal experts, yet they are expressed in language and no language is so perfect as to leave no ambiguities. Further, by its very nature, a statute is an edict of the legislature and many-a-time the intent of the legislature has to be gathered not only from the language but the surrounding circumstances that prevailed at the time when that particular law was enacted. If any provision of the statute is open to two interpretations, the Court has to choose that interpretation which represents the true intention of the legislature.  Also, it is not within human powers to foresee the manifold set of facts which may arise in the future and even if it were so it is not possible to provide for them in terms free from all ambiguity. All these aspects add to give great prominence to the subject of interpretation and construction in the practical administration of the law. It would be worthwhile to note what Denning L.J. has ...

 INTRODUCTION “The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” - Salmond The word ‘Interpretation’ is derived from the Latin term  ‘interpretari’  which means to explain or expound or to understand or translate. Interpretation is a process through which one arrives at the true and correct intention of the law-making body which is laid in the form of statutes. This helps in finding out the intention of the author. Interpretation of any word generally means to analyze the available word and come out with an opinion which is certain and clear. This increases the ability of an individual to understand and explain it in his/her own way. This helps to find out the ways to understand and analyse the statute, where it leads the interpreter to the whole new meaning which is completely different from the general meaning.   It is necessary for all law st...