Interpretation of Statutes | Part 2 | Mr. E.V.Chandru, Advocate, Madras High Court

[00:00:02]Judicial exam.

[00:00:10]Who is the first Indian to become a high court judge? Who is the first Indian to become a judge of a high court in India?

[00:00:17]If I use the word "Who is the first Indian to become a high court judge in Madras High Court?", it is Justice Muthuswami Iyer.

[00:00:26]1877 1877 Justice Muthuswami Iyer First Indian to become a high court judge was in Allahabad, he is Shambhunath Pandit.

[00:00:50]This was in 1863.

[00:01:04]Okay?

[00:01:05]Sorry, another one question.

[00:01:07]Everyday we use the word "case", c a s e.

[00:01:23]Where is this word "case" defined?

[00:01:34]Where is the word "case" defined, my dear? c a s e Everyday we use it, right?

[00:01:56]Where is the word "case" defined?

[00:01:58]>> Where is the word case defined?

[00:02:00]See that 1987 1987 But Supreme Court has taken the pain to define the word case that too in a criminal context in Bheema Basappa Busenavar versus Laxman Shivarayappa Samagouda 1970 full bench. Bheema Basappa Busenavar versus Laxman Shivarayappa Samagouda 1970 full bench.

[00:02:53]Supreme Court.

[00:02:54]They did it like that.

[00:02:56]general knowledge speech going school bus case basic question Sir case Sir Sir Sir case Supreme Court Supreme Court criminal context case has to be understood as a process which either ends in a conviction or an acquittal or a discharge Supreme Court case Okay, answer is the word case is not defined anywhere. However criminal context has to be understood like this Okay.

[00:03:33]So the proof disproof not proof but the number number subject the with all this pre factory thing we'll come to interpretation. Okay. So interpretation money Taylor versus Taylor famous case law like 1875 the Chancellor division of High Court of Justice Taylor versus Taylor, he says if a statute prescribes a certain thing to be done in a certain way, it has to be done in that way and not in any other way.

[00:04:34]They are reflecting your conscience there.

[00:04:45]Rule of interpretation in and no interpretation is the best interpretation.

[00:04:54]I will just tell you.

[00:04:57]In Raghunath by Raghunath by Bariza and another versus Punjab National Bank and others 6th December 2006, Supreme Court Sinha and Markandey Katju.

[00:05:17]Where the words of a statute are absolutely clear and unambiguous recourse cannot be had to the principles of interpretation other than literal rule.

[00:05:29]Harmonious construction, golden construction, purposeful construction, any construction will go there.

[00:05:36]Okay?

[00:05:45]Okay?

[00:05:46]What school bullet teacher good at another teacher good at another teacher good at?

[00:05:50]Ah, guru and the music in There is love also there maybe in fact there is also two things on the chart for the receipt.

[00:06:25]You understand my dear?

[00:06:33]Blank message or You have to put it on.

[00:06:39]I want to put it on for you. I want to put it on for you. I want to put it on for you. I want to put it on.

[00:06:43]What we should Play enough Okay?

[00:06:54]In the interpretation of statutes Maxwell interpretation of That will have a lot of interpretation of Right and judgment G premanand everyone who wants to read on on Interpretation of statutes should read this judgment. B premanand and others versus Mohan Koikal K O I K I L B premanand and others versus Mohan Koikal judgment 16 3 2011.

[00:07:31]In his usual style he says It may be mentioned that it is not stated anywhere in the constitution of India that only Maxwell's principle of interpretation can be utilized.

[00:07:44]No Supreme Court says, we can utilize any system of interpretation which can help to resolve a difficulty.

[00:07:58]Principle of interpretation are not principles of law.

[00:08:02]But they are only a methodology tool.

[00:08:20]He says, law of interpretation are not principles of law, but are only a methodology for explaining the meaning of the words used in the text. There is no reason why we should not use Mimamsa's principles of interpretation 1,000 years back.

[00:08:37]Mimamsa is a Hindu way of interpreting things.

[00:08:46]In Mimamsa, the literal rule of interpretation is known as a Shruti.

[00:08:54]Smriti not either.

[00:09:10]I don't know what intellectual faculties are.

[00:09:12]What is it? Okay.

[00:09:15]In Mimamsa, the literal rule of interpretation is known as a Shruti or Abhidha principle. Shruti or Abhidha, A B H I D A.

[00:09:24]This is illustrated by the Grahapatya Nyaya. Grahapatya Nyaya.

[00:09:30]Bracket in Mimamsa, maxims are known as Nyayas.

[00:09:34]Number maxims are all the maxims of the money Nyayas.

[00:09:38]There is a Vedic verse.

[00:09:44]Indriya grahapatiyam upatishtate Indran Indriya and Indran grahapatiyam I mean fire and all that.

[00:09:55]upatishtate I mean uh pray Okay? You know what this verse can possibly have several meanings.

[00:10:05]Indriya grahapatiyam upatishtate No meaning to take on the model meaning worship Indra.

[00:10:13]And now the meaning worship the fire.

[00:10:16]No meaning worship Indra and worship fire.

[00:10:19]No meaning worship either.

[00:10:22]Now he says Since the word grahapatiyam is in the objective case the verse has only one meaning that is worship grahapatiyam.

[00:10:33]That is he says even though people are interpreting the kind of way in the law other objective case worship Indra I want to worship another.

[00:10:49]I mean the in the school of interpretation and law well I got to go Vedic text interpretation and law If you don't I don't know and so on and This is one thing I want to tell. Then Taylor part of the law causus omissus Okay?

[00:11:14]In the causus omissus and causus not in the meaning case omissus not omitted What we should break it down for example Sarah Matthew and all that case law in the law Sarah Matthew versus Institute of Cardiovascular Diseases and another Sara Mathew vs. Institute of Cardiovascular Diseases and another 26/11/2013 five judges section 468 Okay.

[00:11:55]limitation act off India city chapter 30 out Yep, you may chapter of boy in the chapter in a heading solution park in a when you touch her It will provision. No, I never ponder at the end of the night daily party today.

[00:12:23]Look I don't follow the way you are talking to me about it.

[00:12:29]I don't know what about the thing in there. I don't know what about the thing in there.

[00:12:34]You have an affinity towards her. What do you want to see then?

[00:12:38]You are so naughty. We don't get it.

[00:12:40]Super sunny and already Mario secret sir.

[00:12:43]I don't know what to If you look at the provision, you will go to the chapter in which the provision is situated. Then the marginal notes is like the general or the door of the house.

[00:12:54]In the vision of all of you eat food.

[00:12:56]And I eat food and I eat the chapter in the provision in the chapter which is going to marginal notes in the solution of the I don't know what I do better understand what you can do. Right, see law is nothing but a pure love affair.

[00:13:08]For making human beings in the society to live in a conducive atmosphere.

[00:13:14]Love and you want to island money or dry subject money to give money.

[00:13:18]I don't know what you are doing and I don't know what you are doing.

[00:13:21]I don't know what you are doing and I don't know what you are doing. I don't know what you are doing and I don't know what you are doing. I don't know what you are doing. I don't know what you are doing and I don't know what you are doing. I don't know what you are doing and I don't know what you are doing. I don't know what you are doing. I don't know what you are doing. I don't know what you are >> Justice Rohinton Nariman put in there Indian Penal Code in there.

[00:13:35]All the judgments It's as if they're talking.

[00:13:40]All of this so as to speak like he wrote it there. You and I are speaking like this right now. That's how the judgment is. He will just put his heart in that. Right?

[00:13:48]Right?

[00:13:48]If in the Sara Matthew case for the time being chapter 56 so we need to read the chapter and then say limitation for taking cognizance of certain offenses The first word is limitation.

[00:14:01]Next is for taking cognizance of certain offenses. He said it there. He said it in 467 the definition is there. In 468 what is said there is six months if the punishment is there how many days do you have to go to court? If the punishment is three years how many days do you have to go to court? If it's more than three years all of Commencement of period of limitation Okay?

[00:14:30]simple hurt one year abusive 468 there Commencement of period of limitation there The period of limitation in relation to an offender shall commence on the date of offense.

[00:15:01]subsection B there where the commission of an offense was not known to the person aggrieved by the offense or to any police officer the first day on which such offense comes to the knowledge of such person or to any police officer then see where it is not known whole Sara Matthew case in there uh limitation judgy cognizance on the Verma non-boy over Watson and I play court you do judgy Serato Yarmouth at the pool simple weather Paragon in the mother way over Sulu on the way over equal over government media Serato in the limitation over police station private private media over over over judgy over weather in the computation computation limitation computation not on the data taking data data filing in the explicit Serato Serato legislature over Serato policy behind over equal media private media weather Serato weather weather legislature weather weather weather weather drafting weather draft weather weather weather weather weather weather weather weather weather weather common common common draft draft has also to be seen from the social policy behind will get okay justice promoter judgement right Pusapati state inspector of police 2017 judgement judgement justice and versus the state represented by ACP West crime right 2016 justice if not to be if not notwithstanding notwithstanding anything number time if not notwithstanding anything judgement 65 certificate 2004 2020 Arjun Kotker versus Kishan Rao Arjun Kotker versus Kishan Kishan 2020 full bench for the bench justice Nariman right in the judgement 2020 only one thing start not withstanding anything Indian evidence >> A clear understanding of one word not with standing which is a non abstante clause has germinated or flowered into a judgement called as this thing. Now I'm coming to 473 not with standing 468 to 472 473 473 extension of period of limitation in certain cases not with standing anything contained in contained in the foregoing provisions of this chapter Now 473 stands as a lone line.

[00:20:40]You understand my dear?

[00:20:52]limitation for taking cognizance not with standing anything contained in the foregoing provisions of this chapter chapter provision any court may take cognizance of an offense after the expiry of the period of the limitation comma or minute if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or and this is Junction or and this is or divorce this Junction pretty good angle divorce this Junction and the army anything is divided starts with this thing cooperation see comradery and learn conjunction see what really uh okay when you just uh if I burn 473 India people going to the park PPA explain banana agree with person or no complaint or no accuse or no one minute or a word in a suit I don't know in a suit one hour your complaint to one or no I want to explain banana what do I need to open up the reasonable limitation extend or a word in a banana man of society or a lot of money to see 473 uh not with standing anything contained in the provisions in the whole chapter any court may take cognizance of an offense after the expiry of period of limitation Busan point to I don't know what you think you want to do my name is Marie cases you have no magic state court every cut together people are going to burn 473 or or to the sensible picture or or case new victim in your to be the one that you want to I want to know what is going to happen to the park and they care or not need to be cool with one guy I need to be with you judge and to you know in the garden keeper and I don't know what I have to do now in working for to 477 bundle bundle up cut together and I put them all.

[00:23:09]And I put them all.

[00:23:11]473 light says any court may take cognizance of an offense after the expiry of period of limitation if it is satisfied nobody needs to satisfy it.

[00:23:23]If it is satisfied on the facts and the circumstances of the case that the delay has been properly explained either the explain one of the good parties which are or disjunction.

[00:23:37]Or it is necessary to do so in the interest of justice. Need a moment to me.

[00:23:43]Or a word call a word meaning for a word or a word call a word. Interest of justice and the word call a word limitation that lead to the word and the word call a word and the word call a word possible word call a word and the word call a word explain and the word call a word people don't know what they do.

[00:24:01]If court feels that in the interest of justice there is a victim suffering there that victim should be here.

[00:24:08]So it should not be thrown out of the window up in the then in the word word not withstanding what you 468 and the 72 word call a word and the word call a Okay, this is one more of understanding this.

[00:24:23]Provision not withstanding okay, yes.

[00:24:26]I don't know.

[00:24:27]Sorry word word word word word word word word word word word word word word word word word word word word word word word word word word word For example domestic violence act abuse word word I PC word assault word Dictionary meaning word word word word paper word word word word word word word word I just if I pop out and I just don't know X assaulted C word I just don't know.

[00:24:55]I PC word assault word word word Assault word word word >> What is What is the difference between battery and assault? Battery and assault and all.

[00:25:10]And assault.

[00:25:20]But I'm assaulting.

[00:25:25]paper The question is if you have to read a law provision of a law, whether you should refer the dictionary to understand the meaning or the legal purpose of the legal meaning of that. Supreme Court says State of Madras versus g a n n o n. State of Madras versus Ganon, g a n n o n. Dunkerley, d u n k e e r l e y and co.

[00:25:57]1958 Supreme Court. Justice S.K. Das and Sarkar. If an expression has acquired a special connotation in law, right? If an expression has acquired a special connotation in law, dictionary or general meaning ceases to be helpful in interpreting such a word. Such an expression must be given a legal meaning and no other. Such an expression should be given a legal meaning and no other.

[00:26:22]If I number DVC one minute show over.

[00:26:24]Domestic violence act to go over.

[00:26:27]Domestic violence act to go over a little bit.

[00:26:29]Say. But I'm going to For one year already high court in the senior office judgment over.

[00:26:38]About the money judgment over senior CJ.

[00:26:42]Mommy are in the way so daily money put at the ground. Mommy are you mommy are you at the ground? Mommy are going to police to go over there. I'm going to go over there. I'm going to go over there.

[00:26:52]Mommy and so to CJM the same as you do.

[00:26:55]>> She files a DVC.

[00:27:15]Domestic Violence Act is an act which is invented by the Parliament for the purposes of protecting a newly wedded lady who comes to the house.

[00:27:40]Domestic Violence Act is invented by the Parliament only for the purposes of protecting newly wedded to this thing. A old woman cannot file DVC.

[00:27:48]Correct or incorrect?

[00:27:50]Yeah?

[00:28:48]My lords, it is called as protection protection of daughter-in-law.

[00:28:55]You understand I just argued protection of woman from domestic violence each word is I used the word each word is pregnant.

[00:29:12]The protection, it is not a protection.

[00:29:15]What is the universe? The God?

[00:29:18]mighty special protection What is this act?

[00:29:39]What is this act named as?

[00:29:41]protection of woman I'll play juvenile justice Act of full of Solomon.

[00:29:47]juvenile justice care and protection You understand?