Legislative Intent - Law Dictionary Search Results
legislative intent
Matched in: Term legislative intent
intent
Matched in: Term intent
Resolution
or assembly, Black's Law Dictionary, 7th Edn., p. 1313. Resolution, is the expression of the opinion of the legislative body with reference to some subject or a declaration of its intention to do something, Parlia-mentary Dictionary, L.A. … in person or by proxy (where proxies are allowed) at a general meeting, of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given; (c) Special, i.e., when passed by
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preamble
NOTE: While preambles do not state law and therefore are not judicially enforceable, they are used to determine legislative intent when interpreting statutes.
And, or
permissible to read 'or' as 'and' and vice-versa if some other part of the same statute, or the legislative intent clearly spelled out, require that to be done. Fakir Mohd. v. Sita Ram (2002) 1 SCC 741.
Any cheque and other liability
Act, 1881 phrases 'Any cheque' and 'other liability' are the two key expressions which stand as clarifying the legislative intent so as to bring the factual context within the ambit of the provisions of the statute. Any contra-interpretation
Cruelty
of physical injury but the legislature thought it fit to include only coercive harassment with obviously as the legislative intent expressed is equally heinous to match the physical injury; where as one is patent, the other one is
Must or shall
Must or shall, If the legislative intent is expressed clearly and strongly in imperative words, such as the use of 'must' instead of 'shall', that
privilege
esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified
Wharton's Rule
in question can only be committed by at least two persons NOTE: Wharton's Rule does not apply when legislative intent is to the contrary (as when the legislation imposes a separate punishment for conspiracy to commit a particular
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