Judicial Dictionary - I
Judicial Dictionary
Legislative Dictionary
Interpretation of statute
Category | I |
---|---|
Title | Interpretation of statute |
Details |
The judicial process by which the true meaning of a statute is ascertained through the medium of the authoritative forms in which it is expressed. It is the principle of interpretation of statute that it shall be interpreted as a whole for carrying out its purposes. An isolated interpretation cannot be obtained for the purpose of knocking down an enactment. [Arif Rahman vs. The Commissioner of Customs and others, 18 BLD (HCD) 677] When Language is not open to doubt, preamble can neither restrict nor extend enacting part. Rights whether public or private, cannot be taken away or even hampered by mere implications from language in absence of express words. [Syed Abdul A’ala Maududi vs. The State Bank of Pakistan (1970) 22 (WP) 178] Elementary rule in interpreting a statute is to give full and accurate effect to every word used in the statute- In the exposition of Penal statute courts are not to narrow its construction- Courts are not entitled to scan or widen the policy of Legislature. [The State vs. Ghulam Jafar (1970) 22 DLR (WP) 244] |
Created On | April 23, 2011, 9:53 AM |
Hits | 1507 |