This article contains the following topics: Mischief Rule of Interpretation Golden Rule of Interpretation MISCHIEF RULE The Mischief Rule of interpretation originated in Heydon’s Case (1584). This rule aims to determine the “mischief” or defect in the previous law that the current statute seeks to remedy. It is also known as Heydon’s Rule or the […]
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Literal interpretation means that the words of a statute must be given their plain, ordinary, and natural meaning, without adding or omitting anything. This principle is based on the Latin maxim: “Verbis legis non est recedendum” which means that,“There is no departure from the words of law.” If the meaning is clear, the court must
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Table of Contents What are Statutes? Parts of a Statute Classification of Statutes What are Statutes? Statutes are formal, written laws enacted by a legislative authority such as Parliament. These legal rules are enforceable within a specific jurisdiction and apply to individuals, entities, and government bodies alike. Once enacted, statutes are codified and published in
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Table of Contents Administration of Justice Theories of Punishment Forms of Punishment Administration of Justice The administration of justice is the mechanism through which a legal system enforces laws, settles disputes, and ensures that individual rights and obligations are upheld in a fair and orderly manner. It encompasses the institutions, methods, and officials responsible for
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📑 Table of Contents What is a State? Theories of Origin of the State Essential Elements of a State Conclusion What is a State? The origin of the state has puzzled philosophers and historians alike. Whether it evolved gradually or appeared through a single transformative moment remains debated. As social beings, humans have long lived
The term “precedent” refers to a rule or legal principle established by a competent court under similar facts and circumstances. In legal parlance, a judicial precedent is a previously decided judgment of the Supreme Court or High Courts that binds judges of the same or subordinate courts to follow it in subsequent similar cases. Judicial
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Legislation as a Source of Law The word ‘Legislation’ is derived from two Latin words – ‘legis’ meaning law and ‘latum’ meaning to make or to set. Hence, legislation refers to the process of law-making. It is considered the most important source of law as it is backed by sovereign authority and directly recognized by
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Table of Contents Meaning of Sources of Law Types of Sources Custom as a Source of Law Types of Custom Essentials of a Valid Custom Case Law Reference Meaning of Sources of Law The term ‘Sources of Law’ has been interpreted differently by various jurists. In simple terms, it refers to the origins from where
Date of Judgment- 14th March, 1961 Court- Supreme Court Relevant Citation- AIR 1961 SC 1325 Bench– J.L. Kapur, S.K. Das, M. Hidayatullah, J.C. Shah Facts of the Case– In this case, three petitions were filed under Article 32 of the Constitution of India challenging the imposition of sales tax on betel leaves by the Sales
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Section 39 of the Indian Partnership Act, 1932 defines dissolution of a firm as the dissolution of partnership between all the partners of a firm. This is a crucial concept under the Act and involves several aspects like modes of dissolution, liabilities, and winding up of business affairs. ⚖️ MODES OF DISSOLUTION 1. Dissolution by
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