15/7
Syllabus
RERA, 2016 analysis
- Date for “assent of prez”- bill became act, not in force yet, becomes act
from 00:00 hours
- Since 2019, first chap of application not in format (J&K now included)
- May be brought in force in instalments
- Waited to be notified since lack of infrastructure, political reasons etc
PPT 1
INTENT-
Eg- if movie gets 100 cr at box office, __ tax. What is box office? Get to intent
Interpretation
Process, an “authoritative form” is the statute itself
All statutes are laws but all laws are not statutes
Statute Law
1. Always express and codified May not always be codified, may be
customary
2. Always passed by Not necessarily passed
parliament/state legislature. Is
an authoritative text
Delegated legislation is not a statute. Is an executive power.
UN Charter is law, but cant be called statutes, since UN is not composed of
elected reps, and is not parliament/legislature
Intention
- express language, since “text is king”
- implicit / common meaning
- context
- legal meaning
but, may be grammar errors etc
Issues faced-
1. subjective lang
2. borderline cases. Fringe cases
diff between repair and maintenance.
Case eg- if building in Agra, will be taxed, but building undefined
Q- can brick kiln be building?
Court decided not a building
Case Eg- can railway station be building?
Court decided it is a building.
Legislative limitations
Functus officio- out of leg’s hands, the text will speak for itself
16/7
Classification of statutes
Basis of duration
Temporary Permanent/perpetual
Expiry date No expiry
End by May end with repeal only
1. expiry date (automatic, as
mentioned)
2. before expiry date can end by
repeal
Provides for timeline not date,
sometimes. Event not date is possible
Eg- covid 19 once over as declared by
govt, 30 days from then, law will end
May be converted into permanent Normally, not converted to temporary,
before expiry repealed
Temporary provision may be added to
a perpetual provision
Basis of Method of application
Mandatory, imperative, or Directory or permissive
obligatory
Mandatory- 100% compliance, or Directory- No severe consequence,
fatal consequence. “No” “Shall” or compliance mandated but not
Eg- HMA, no person married till 100%. More positive language
existing spouse, if done, then serious Eg- NLIU Act says answer sheets
consequence corrected in 3 weeks, if done in 4-5
Eg- minor’s contract is void weeks, would not mean that authority
to continue correcting done, or that
sheets become void.
Basis wrt Object
1. Codifying statute
Exhaustive in nature.
Before existence of law, there existed legislation, statutes, common law
principles or customary practices, and codified.
Eg- HMA codifies marriage laws that were fragmented (customary practices in
Punjab, Bombay marriage act)
Normative statutory frameworks codified exhaustively.
2. Consolidated statute
Collection/compilation of only statutory laws.
Eg- Indian Succession Act. Separate acts for all communities prior. The Act
collated all under one with diff chapters for communities.
Codified statutes collate statutory, non statutory, everything.
Codifying Consolidating
Eg- Res Judicata is a common law The source gets repealed.
principle prior to CPC.
CPC codifies one version of res
judicata. Other versions will not be
acceptable for matters governed
under CPC. But if arbitration matter
outside scope of CPC, other versions
of res judicata may apply.
Laws are source Statutes are source
3. Declaratory Statute
Eg- ToPA, says that A may sell to B. If transaction is benami, allowed as ToPA was
silent. Then, the Benami Transactions (Prohib) Act, 1988 came in, as a
declaratory statute.
As it clarifies, the statute may be retrospective or prospective.
4. Remedial Statute
11. curative or validating statute
Diff between declaratory and validating statute
Declaratory- addressing a statute that existed and clarifying
Validating- setting aside court order, or any admin order that came up as per pre
existing law
A validating act can override a SC order, or an established position for the time
being
*Depending on type of statute, method of interpreting it varies. Don’t cherrypick
which principle.
Issues with interpretation
Language problems etc
London & north eastern railway company v. Berriman
Cleaning and oiling is NOT repairing.
Textual school-
Text is king.
“I do not care what their intention was, I only want to know what the words
mean.”
Object and Purpose school
Spirit of legislation shouldn’t be defeated.
Deha (body) & Dehi (spirit)
Text and context to be balanced
M/s Girdhari Lal v. Balbir Nath Mathur
Delhi rent control act
Steps- 1. Open mind, read w/ plain mind 2. Take note of the words 3. Read
sections together
Object of the act must be seen. the requirement is knowledge plus consent. No
requirement of some magical words, no filling of form does not defeat the whole
object of the statute. NO VIOLATION ON THE PART OF TENANT.
Corporation of Calcutta v. Liberty Cinema
Therefore if the provision is ambiguous, you don’t apply without consequence.
State of Haryana v. Bhajanlal
Plain meaning rule
Plain language Eg- A.105(2) consti- PV Narsimah Rao case.
Cases for bribe taken, vote given
Unit – II General Theory & the Primary Rules of
Construction
1. Language of the statute
a) No adding or substituting-
KM pillai case- the simple language is that you need a permit.
Court said the section doesn’t say “to him”
b) Casus omissus- legal flaw
No exception to this rule.
Courts cant fill a legislative gap.
Gladstone v. Bower
In case of something being overlooked, the court cant do anything. The
present case, the dispute is out of purview of legislation.
Avoid rejection of words- read all words, holistic interpretation, no cherrypicking
Are food colours included as foodstuff?
Mischief rule-
Literal rule Mischief rule
Gives judges space to walk around, so
judges v eager to go there. Ambiguity
is needed.
2/9/24
CIT v. – (Drugs act) The placing of the word imp
___case-
profit Gain
Monetary gain Any monetary or OTHER adv
Labour commissioner MP v. Burhampur Mills
Rendered illegal Held illegal
If certain thing performed in a doff
particular manner, rendered illegal.
Not prima facie illegal, but made so if
deviated from an ordinary course.
Member, BoR v. ___ SC
Facts-
Arthur, is MD of several companies situated all over india. Asked collector how
much stamp duty for power of attorney deed made. Collector asked for what
purpose
Power of Attorney- can take decisions on behalf of person. Can be generalised or
specific.
Q- do you pay aggregate, or highest of duties applicable, if the power is under 2
or more descriptions.
The way he created power of attorney, could be
S.5- X is MD, makes Y liquidator of 1 property, makes Z managing agent of 2
property etc
Categoric distinction
OR
S.6- X makes Y, Z and A will act as all capacities, more general, where the same
persons wrt properties may act in all capacities.
SC- the presumption is if two words are differently worded and placed on after
another, such as S.5 followed by S.6.
NOT Distinct matters.
BUT, this rule cannot be followed in consolidated, long legislations. Eg-
succession act which consolidates.
Kanhayalal Gidwani v. Arun Dattareya & Ors. SC
Election challenged, as nomination paper invalid.
In the same section, both signed and subscribed used.
Court looked into genesis, mischief of word.
Means same thing, subscriber and sign, as signature of 10 is needed for both. SO
EVERYTHING IS SUBORDINATE TO CONTEXT.
RMDC case-
Case used thrice, in definition clause, now, and ___
