On the Interpretation of Indian Statutes Based on Indian Case Law

Εξώφυλλο
S.K. Lahiri, 1904 - 485 σελίδες
 

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Σελίδα 364 - ... affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, any such penalty, forfeiture or punishment may be imposed as if the Repealing Act or Regulation had not been passed.
Σελίδα 261 - No doubt, all penal statutes are to be construed strictly, that is to say, the court must see that the thing charged as an offence is within the plain meaning of the words used, and must not strain the words on any notion that there has been a slip, that there has been a casus omitsut, that the thing is so clearly within the mischief that it must have been intended to be included and would have been included if thought of.
Σελίδα 352 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Σελίδα 3 - The Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it, and it can, of course, do nothing beyond the limits which circumscribe these powers. But, when acting within those limits, it is not in any sense an agent or delegate of the Imperial Parliament, but has, and was intended to have, plenary powers of legislation, as large, and of the same nature, as those of Parliament itself.
Σελίδα 188 - I think, the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law...
Σελίδα 338 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction...
Σελίδα 127 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered. 1. What was the common law before the making of the act? 2. What was the mischief and defect for which the common law did not provide? 3. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? And 4. The true reason of the remedy?
Σελίδα 363 - Where this Act or any Act passed after the commencement of this Act repeals any other enactment, then, unless the contrary intention appears, the repeal shall not — (a) Revive anything not in force or existing at the time at which the repeal takes effect...
Σελίδα 293 - The established Courts of Justice, when a question arises whether the prescribed limits have been exceeded, must of necessity determine that question; and the only way in which they can properly do so, is by looking to the terms of the instrument by which, affirmatively, the legislative powers were created, and by which, negatively, they are restricted.
Σελίδα 126 - The mere literal construction of a section in a statute ought not to prevail if it is opposed to the intention of the Legislature apparent by the statute ; and, If the words are sufficiently flexible to admit of some other construction, it is to be adopted to effectuate that intention. The intent prevails over the letter, and the letter will, if possible, be so read as to conform to the spirit of the act.

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