Interpretation And Construction - Law Dictionary Search Results
Home Dictionary Name: interpretation and constructionInterpretation and construction
Interpretation and construction, The very concept of interpretation connotes the introduction of elements which are necessarily extrinsic to the words in the statute. Though the words 'interpretation' and 'construction' are used interchangeably, the idea is somewhat different. Dr. Patrick Devlin says: A better word, I think, would be construction, because construction, although one often used it alternatively with interpretation, suggests that something more is being got out in the elucidation of the subject matter than can be got by strict interpretation of the words used. In the very full sense of the word 'construction' the judges have set themselves in this branch of the law to try to frame the law as they would like to have it, Commissioner of Wealth Tax v. Hashmatunnisa Begum, AIR 1989 SC 1024 (1929): (1989) Supp 2 SCC 43....
interpretation
interpretation : the act or result of interpreting compare construction in·ter·pre·ta·tive [in-tər-prə-tā-tiv, -tə-tiv] adj in·ter·pre·tive [in-tər-prə-tiv] adj ...
Interpretation
Interpretation, is the ascertainment, which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract, Investors Compensation Scheme Ltd. v. West Bronawich Building Society, (1998) 1 WLR 896.Interpretation. See CONSTRUCTION....
practical construction
practical construction 1 : the interpretation of the terms of a contract as shown by the performance of the parties that may be used by the court to help determine the intent of the parties ;also : the doctrine that permits such a method of discerning intent compare course of performance 2 : interpretation of a statute or document in a manner that does not defeat its purpose esp. when a strict interpretation would produce clearly unintended or absurd results ...
Construction
Construction, 'construction' does not necessarily mean construction over the land which must rise above the surface of the land in all contingencies, Jnanedaya Yogam v. K.K. Pankajashy, AIR 1999 SC 3891 (3895): (1999) 9 SCC 492. [Land Acquisition Act, (1 of 1894), s. 40(1)(b)]As to construction of statutes, see ACT OF PARLIAMENT; and of contracts, see Chitty on Contracts, Ch. v.; and of deeds, see Norton on Interpretation of Deeds.Partem aliquam recte intelligere nemo potest, antequam totum, iterum atque iterum, perlegerit. 3 Rep. 52.--(No one can rightly understand any part until he has read the whole again and again.)In contractibus benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est. Co. Lit. 112.--(In contracts, the construction ought to be liberal; in wills, more liberal; in restitutions, most liberal.)Includes any construction in place of an existing building which has been wholly or substantially demolished, Lal Chand v. District Judge...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Interpretation of Statute
Interpretation of Statute, it is well-settled that in construing the provisions of statute the Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCR 148.Interpretation of Statutes, as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence such as parliamentary debates, reports of the commit-tees of the legislature or even the statement made by the Minister on the introduction of a measure or by the framers of the Act is admissible to construe those words. It is only where a statute is not exhaustive or where its language is ambiguous, uncertain, clouded or susceptible ...
constructive
constructive : created by a legal fiction: as a : inferred by a judicial construction or interpretation b : not actual but implied by operation of the law [made a entry when he refused to take the opportunity for a voluntary departure "Harvard Law Review"] compare actual con·struc·tive·ly adv ...
construction
construction : the act or result of construing, interpreting, or explaining meaning or effect (as of a statute or contract) [the placed upon an agreement "J. D. Calamari and J. M. Perillo"] ...
strict construction
strict construction : interpretation (as of a writing or legislation) based on a literal or technical understanding of the words used ...
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