GREAT POLITICAL LEADER
378 Points
Posted on 06 February 2018
Rules of interpretation are the rules used to interprete the provisions or clausus under provisions or povisos thereunder etc.
The objective behind the use of this rules is to ascertain the intention of the law makers
At times, there may be more than one rule of interpretation applicable to a given situation, then courts decide most appropriate ones
Significant rules of interpretation
- Rule of literal interpretation: Judges do not legislate, they only interpret law
- Mischief rule:
- The golden rule:
- Rule of harmonious construction
- Principle of beneficial construction
Interpretation of different provisions of the Income Tax Act, 1961
Aids to Interpretation
Internal aids
- Explanations
- Proviso
- Non-obstante clause
- Marginal notes and headings
- Definitions clauses and undefined words
External aids
- Legislative history
- Circulars
- Speech
- Explanatory memorandum
- Dictionary