CS Students Online Club
CHANGE KMP RULES 2014 - CS Students’ Online Club (CSoC) demands Mandatory CS Appointment in Private Cos also; Secretarial Audit shall also be made applicable to Private Companies. Pre-certification of e-forms by PCS shall be introduced in all major forms in Companies Act 2013.

CS Students Online Club extends full support for the most respectable profession of India – THE COMPANY SECRETARY PROFESSION. CSoC requests all 32000 MEMBERS OF THE CLUB TO BE CONFIDENT, AND STRIVE HARD TO RETAIN THE GLORY OF THE PROFESSION !

"NO CS MEANS, NO CORPORATE GOVERNANCE"

Welcome to CS Students’ Online Club (CSoC)... 32,500 plus Members, 17,500 plus Topics...

CSoC Members Count: 
33,109

Log in

I forgot my password



Latest topics
» SECTION 180(1)(c) - QUERY
Today at 3:03 pm by Shruti_D

» UNSECURED LOANS
Today at 1:20 pm by ANKITA S JAIN

» GOLS e-learning
Today at 1:16 pm by milind1976

» economic & labour law
Today at 9:52 am by Ashwin H Kumar

» Is it enough to refer module for TAX in Module 1?
Today at 9:49 am by rchgiri

» notes of strategic mgt.
Today at 9:24 am by V.Nithya

» CS Executive Free Video Lectures
Yesterday at 7:27 pm by bsmmostwanted

» Professional Program - Adv Co Law study material
Yesterday at 5:33 pm by sameeranade

» CS REVALUATION STATUS
Yesterday at 4:59 pm by akashparekh009

» format of answers to write in Professional module
21st April 2014, 10:33 pm by rchgiri

» Tax Laws Updates for Direct & Indirect Tax Laws & Select Cases Relevant for CS Executive/Professional June 2014 & Dec 2014 Examinations
21st April 2014, 7:16 pm by rchgiri

» CS Executive New Study Materials on Tax Laws and Practice applicable for Assessment Year 2014-15
21st April 2014, 7:14 pm by rchgiri

» CS Professional New Study Materials on Advanced Tax Laws and Practice applicable for Assessment Year 2014-15
21st April 2014, 7:08 pm by rchgiri

» service tax Practical problems for exam point of view
21st April 2014, 5:03 pm by milind1976

» Copy of project report please
21st April 2014, 12:44 pm by PURVA_HARIT

» how to write in exams???????????
20th April 2014, 12:18 am by NIRBHAY-JHA

» PROJECT REPORT OF ESIP
19th April 2014, 10:01 pm by talk2deepak99

» Plzzz Help!
19th April 2014, 8:13 pm by Palash Gupta

» important questions for cs executive module-I and module-II for 2014 june exam
19th April 2014, 11:51 am by Ashwin H Kumar

» Exam preparation Group I Executative Old Syllabus
19th April 2014, 11:45 am by Ashwin H Kumar

Search
 
 

Display results as :
 


Rechercher Advanced Search


You are not connected. Please login or register

View previous topic View next topic Go down  Message [Page 1 of 1]

1 GOLDEN RULE OF INTERPRETATION on 18th October 2010, 2:14 pm

Preetpal Singh


CSoC Well-Wisher
CSoC Well-Wisher
THE GOLDEN RULE OF INTERPRETATION

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, irrespective of the consequences. It is said that the words themselves best declare the intention of the law-giver."

In Sutters v. Briggs [1922 (1) Appeal Cases 1], the Privy Council held:

"There is indeed no reason for limiting the natural and ordinary meaning of the words used. The term "holders or indorsees" means any holder and any indorsee, whether the holder be the original payee or a mere agent for him, and the rights of the drawer must be construed accordingly. The circumstance that the law apart from the section in question was repealed in 1845, without any repeal of the section itself may lead to anomalies, but cannot have weight in construing the section."

In Dental Council of India and Anr. v. Hari prakash and Ors. , it was held:

"The intention of the Legislature is primarily to be gathered from the language used in the statute, thus paying attention to what has been said as also to what has not been said. When the words used are not ambiguous, literal meaning has to be applied, which is the golden rule of interpretation."

In Maumsell v. Olins, (1975) AC 373, Lord Simon formulated the exception to the "golden rule" required by technical words, or words of art, as follows :

"(The 'golden rule') is sometimes put. (sic) that in statutes dealing with ordinary people, in their everyday lives, the language is presumed to be used in its primary ordinary sense unless this stultified the purpose of the statute or otherwise produces some injustice, absurdity, anomaly or contradiction in which case some secondary ordinary sense may be preferred so as to obviate the injustice, absurdity, anomaly or contradiction, or fulfil the purpose of the statute ; while in statutes dealing with technical matters, words which are capable of both bearing the ordinary meaning and being terms of art in the technical matter of the legislation will presumptively bear their primary meaning as such terms of art (or, if they must necessarily be modified, some secondary meaning as terms of art.")

In Navinchandra Mafatlal v. CIT, Bombay (1955) 1 SCR 829, 836-7, it was observed by Hon'ble Supreme Court that :

"The golden rule of interpretation is that words should be read in their ordinary, natural and grammatical meaning subject to the rider that in construing words in a Constitution conferring legislative power the most liberal construction should be put upon the words so that they may have effect in their widest amplitude."

The 'golden rule' is dealt with in Principles of Statutory Interpretation (G.P.Singh - Eighth Edition), in the following words:

"VISCOUNT SIMON, L.C., said: 'The golden rule is that the words of a statute must prima facie be given their ordinary meaning'. Natural and ordinary meaning of words should not be departed from 'unless it can be shown that the legal context in which the words are used requires a different meaning'. Such a meaning cannot be departed from by the judges 'in the light of their own views as to policy' although they can 'adopt a purposive interpretation if they can find in the statute read as a whole or in material to which they are permitted by law to refer as aids to interpretation an expression of Parliament's purpose or policy'. For a modern statement of the rule one may refer to the speech of LORD SIMON OF GLAISDALE in a recent case where he said: 'Parliament is prima facie to be credited with meaning what is said in an Act of Parliament. The drafting of statutes, so important to a people who hope to live under the rule of law, will never be satisfactory unless courts seek whenever possible to apply 'the golden rule' of construction, that is to read the statutory language, grammatically and terminologically, in the ordinary and primary sense which it bears in its context, without omission or addition. Of course, Parliament is to be credited with good sense; so that when such an approach produces injustice, absurdity, contradiction or stultification of statutory objective the language may be modified sufficiently to avoid such disadvantage, though no further'."

Maxwell on The Interpretation of Statutes deals with the golden rule in the following words:

"The so-called 'golden rule' is really a modification of the literal rule. It was stated in this way by Parke B.: 'It is a very useful rule, in the construction of a statute, to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature, to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in which case the language may be varied or modified, so as to avoid such inconvenience, but no further.'. 'If', said Brett L.J., 'the inconvenience is not only great, but what I may call an absurd inconvenience, by reading an enactment in its ordinary sense, whereas if you read it in a manner in which it is capable, though not its ordinary sense, there would not be any inconvenience at all, there would be reason why you should not read it according to its ordinary grammatical meaning'."

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum