Anonymous INTRODUCTION While interpreting a statute true intent of the legislature shall have to be gathered and deciphered in its proper spirit having due regard to the language used therein.i Where language is clear, external aid for construction is not required. External aids are relevant … [Read more...]
Article 21 of the Constitution of India – Right to Life and Personal Liberty
By Riya Jain, UILS Panjab University Editor's Note: It is very evident that the judiciary has evolved from an positivist institution to an activist on in the 20th century. However, when it comes to Article 21 of the Constitution of India, the judiciary has not only been involved in judicial … [Read more...]
Presumption against Repeal by Implication
By Raghavendra Pratap Singh, National University of Advanced Legal Studies, Kochi “Editor’s Note: In a situation when two statutes come into conflict and neither of them are clear, then the statute which was enacted later prevails. This is known as presumption against repeal by implication. This … [Read more...]
The Maintanence and Welfare of Parents and Senior Citizens Act, 2007
By Sunit Kumar Mondal, GNLU Editor's Note: This paper presents an analysis to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The legislation for the welfare of the Parents and Senior Citizens came into place with the development of the provisions of Article 41 with Entry 23 … [Read more...]
Article Review: Do Theories of Statutory Interpretations Matter?
Satwik Singh WB NUJS “Editor’s Note: The author analyses Daniel A. Farber’s article on ‘Do theories of Statutory Interpretations matter?’” INTRODUCTION In this article the author Daniel A. Farber deals with one of the most oldest and significant debates of the Jurisprudential world. The debate … [Read more...]
Exclusive Jurisdictional Clause in Commercial Contracts
Naman Verma RMLNLU, Lucknow “Editor’s Note: The paper deals with the exclusive jurisdictional clause in Commercial Contracts in light of Section 28 of the Indian Contract Act, 1872. It has been decided time and again that exclusive jurisdictional clauses are not opposed to Section 28 of the … [Read more...]
The Golden rule of Interpretation
Shraddha Agrawal Editor's Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, … [Read more...]
The Corfu Channel Case
By Aarti Goyal, UILS, Chandigarh Editor's Note: The general principles of International law are among the sources of national and International Law, which have long been recognized and applied in disputes. The Corfu Channel case addressed the question of civil liability of Albania, which had … [Read more...]
Mischief Rule of Statutory Interpretation
- Subhyanka Rao, RMLNLU Editor's Note: The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament's intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to … [Read more...]
Death Penalty: An Overview Of Indian Cases
By Aditi Agarwal, NUALS Edited By: Death Penalty is a process where a crime so grievous has been committed that the state condemns the act by sentencing the convicted to death. It is only applied in cases where the crime is of such nature that it cannot be vitiated without a penalty of death. … [Read more...]