Preview

Interpretation of delegated legislation in india

Powerful Essays
Open Document
Open Document
5299 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Interpretation of delegated legislation in india
INSTITUTE OF LAW
NIRMA UNIVERSITY

INTERPRETATION OF DELEGATED LEGISLATION IN INDIA Project Work
(INTERPRETATION OF STATUTES)

By: Nidhi Jain

LIST OF CASES

R.Vs. Burah (1878) 3 AC 889
Jhatindra Nath Gupta Vs. Province of Bihar AIR 1949 FC 175
Delhi Laws Act case AIR 1951 SC 332
Panama Refining Co. v. Ryans293 U.S. 388
Raj Narayan Singh v. Chairman Patna Administration CommitteeAIR 1954 SC 569
G.O.C. v. Subash Chandra Yadav AIR 1951 SC 332
Sidhartha Sarawgi v/s Board Of Trustees For Port Of KOLKATA AND OTHERS on 16-Apr-2014
Krishna Prasad v/s The State of Jharkhand & Ors.on 25th , March,2014
Lakshmana Rao Yadavalli & Anr v/s State Of A.P.& Ors on 6 December, 2013
Union of India & Ors. v/s S. Srinivasan on 21 May, 2012
Delhi Race Club Ltd v/s Union Of India & Ors on 13 July, 2012

TABLE OF CONTENTS

TITLE PAGE
1. List of Abbreviations………………………………………………………………….......6
2. Chapter 1- Principle & Concept….……..….……………………………………………..7
3. Chapter 2- Development & Growth……....……….….…………………………...….......9
4. Chapter 3- Application of Law….…..……………………………………………….......14
5. Chapter 4- Critical Analysis……..……………………………..…...................................16
6. Chapter 5- Case Laws……………………………………………………………………19
7. Bibliography………..……………………………………………………………………26

LIST OF ABBREVIATIONS

1. e.g. : Exampli Gratia
2. i.e. : that is
3. No. : Number
4. Org : Organization
5. p.g : Page
6. Sec : Section
7. v. : Versus
8. www : World Wide Web
9. &: and
10. ILR: Indian Law Reporter
11. SCC: Supreme Court Cases
12. AIR: All India Reporter
13. Cal.: Calcutta
14. Ker.: Kerala
15. Mad.: Madras
16. SC: Supreme Court
17. HC: High Court

CHAPTER-1
CONCEPT & PRINCIPLE

Traditionally, it is well known fact that the

You May Also Find These Documents Helpful

  • Powerful Essays

    legislation p2 and m1

    • 4716 Words
    • 19 Pages

    … Ensure that the setting is fully insured. Employer’s compulsory liability insurance must be taken out and public…

    • 4716 Words
    • 19 Pages
    Powerful Essays
  • Better Essays

    2. Are there any established statutory hooks allowing judges to modify custody arrangement when facts have changed?…

    • 793 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    1.1: Identify the current legislation and codes of practice relevant to the promotion of equality and valuing of diversity.…

    • 510 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    2.2 Current Legislation

    • 602 Words
    • 3 Pages

    These policies will show the procedures that staff must follow if they have any concerns. The policies must cover;…

    • 602 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Statutory Law Answers

    • 361 Words
    • 2 Pages

    Statutory law comes into existence when a legislature passes a statute. This statute is then included in the federal code of laws or the relevant state code of laws. Common laws are the rules of law announced in court decisions. These rules include interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. If there is a conflict, common law or previously decided cases will take precedence.…

    • 361 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Ayanna Camara AP English 12 Ms. Brilliant Summer Assignment A Quest for Love Americanah is a novel in which follows two characters, Ifemelu and Obinze as they fall in love in Nigeria and are then separated from one another due to their countries political situation. Nigeria, at the time, was under a military dictatorship. Due to this, a vast majority of the community wanted to escape the country and many did, including Ifemelu.…

    • 1474 Words
    • 6 Pages
    Good Essays
  • Good Essays

    A) The source refers to the literal rule. Describe the literal rule using the source and cases to illustrate your answer (15 Marks)…

    • 1256 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Statutory Interpretation

    • 2457 Words
    • 10 Pages

    The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court’s methodology in construing statutory text, the Court’s approach to reliance on legislative history are also briefly described. In analyzing a statute’s text, the Court is guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are usually subordinated to interpretations that further a clearly expressed congressional purpose. The Court frequently relies on “canons” of construction to draw inferences about the meaning of statutory language. For example, in considering the meaning of particular words and phrases, the Court distinguishes between terms of art that may have specialized meanings and other words that are ordinarily given a dictionary definition. Other canons direct that all words of a statute be given effect if possible, that a term used more than once in a statute should ordinarily be given the same meaning throughout, and that specific statutory language ordinarily trumps conflicting general language. “Ordinarily” is a necessary caveat, since any of these “canons” gives way if context reveals an evident contrary meaning. Not infrequently the Court stacks the deck, and subordinates the general, linguistic canons of statutory…

    • 2457 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    The Legislation

    • 457 Words
    • 2 Pages

    Students must stay at school until they complete Year 10. A participation phase then applies until the young person reaches the age of 17. There are a number of options for the participation phase. They could be:…

    • 457 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Judges are highly qualified professionals that enforce the law in court while dealing with cases but sometimes, judges need help understanding the law that has been put in place by Parliament. Statutory interpretation helps judges in court understand a piece of delegated legislation when the words are unclear. There are a few reasons why the meaning of an Act may be uncertain:…

    • 1410 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    HENRY VIII CLAUSE WRITE UP

    • 1863 Words
    • 7 Pages

    Administrative law is the body of law that allows for the creation of public regulatory agencies…

    • 1863 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Law It Act

    • 13677 Words
    • 55 Pages

    New communication systems and digital technology have made dramatic changes in the way we live and the need to transact our daily business. There is a remarkable change in the way people transact business. Businessmen are increasingly using computers to create, transcript and store information in electronic form instead of traditional paper documents. It is cheaper, easier to store and retrieve and speedier to communicate. Although people are aware o the advantages which the electronic form of business provides, people are reluctant to conduct business or conclude and transact in the electronic form due to lack of appropriate legal framework. Electronic commerce eliminates need for paper based transaction. The two principle hurdles which stand in the way of facilitating electronic commerce and electronic governance are the requirements of writing and signature for legal recognition. At present many legal provisions assume the existence of paper based records and documents which should bear signatures. The Law of Evidence is traditionally based upon paper based records and oral testimony. Hence, to facilitate e-commerce, the need for legal changes has become an urgent necessity. International trade through the medium of e-commerce is growing…

    • 13677 Words
    • 55 Pages
    Powerful Essays
  • Good Essays

    Delegated Legislation

    • 475 Words
    • 2 Pages

    A) Under the Golden Rule, “it is generally considered to be an extension of the literal rule. In its general expression it is applied in circumstances where the application of the literal rule is likely to result in, what appears to the court, to be an obviously absurd result” (Source B). For example, in R v. Allen (1872), the word ‘marry’ was interpreted as meaning ‘to go through a ceremony of marriage’, because using it literal meaning would produce the absurd result that the offence of bigamy would be impossible to commit.…

    • 475 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Grave And Sudden Provocation

    • 8539 Words
    • 35 Pages

    I would like to express my heartfelt gratitude and thanks to the various authors whose books I have referred to while doing my project and also the various sources of information from where I have collected the data for my assignment. I am duly indebted to them. I am also indebted to the All India Reports of the Supreme Court and the judgments of various other Courts.…

    • 8539 Words
    • 35 Pages
    Powerful Essays
  • Good Essays

    Statutory Interpretation

    • 1689 Words
    • 7 Pages

    * The rule developed in the early 19th century and has been the main rule applied ever since then.…

    • 1689 Words
    • 7 Pages
    Good Essays