मंगलवार, अगस्त 22, 2006

Literal Interpretion

  1. Literal interpretation is also known as grammatical interpretation. Here the statutes are interpreted by finding out the dictionary meaning of the words of the statute
  2. It lays stress on the Litera Legis of the statute. Literal Interpretation means finding out the meaning of the statute by finding out the dictionary or grammatical meaning of the words used therein.
  3. The express language of the statute is construed literally.
  4. The court is not at liverty to add to or to take from or modify the language of the statute.
  5. Where the language of the statute is clear, plain and unambiguous, the plain interpretation is adopted.
  6. Where the language is clear and susceptible to single interpretation, the same is given effect to irrespective of the consequences.
  7. Departure from the literal interpretation or adoption of functional interpretation is allowed only if the words used in the statute give two meanings or allow for multiple interpretations.
  8. Literal interpretation is not followed when it leads to manifest absurdity.
  9. When literal interpretation leads to absurd or unitended results, the language of the statute may be modified as per the intention of the Parliament, to avoid absurdity.
  10. When the language of the statute is clear and does not allow for multiple interpretations, functional construction cannot be resorted to.

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