Notice of amalgamation by transferor or Transferee Company to the individual servant was essential. [xxxvii] Brazier v. Skipton Rock Co. Ltd. (1962) 1 WLR 1839. The Golden rule of interpretation is essentially a modification of Literal rule. It is such a rule which disposes of ambiguity’, inconsistency, unclarity, hardship, inconvenience, injustice, etc. Lord Ried decided that if words are to be attacked to achieve... Belarpur Industries v/s Union of India (A.I.R. arose from the language of Statute while interpreting it. It must be possible to spell the meaning contended for, out of the words actually used. However, when this may lead to an irrational result that is unlikely to be the legislature’s intention, the judge can depart from this meaning. Golden Rule has an important place in the Interpretation of Statutes. Court also does not have the jurisdiction to consider the background of the Statute. This lecture is dedicated on GOLDEN RULE , with following topics:-1. The primary and foremost task of a court in interpreting a statute is to ascertain the intention of the legislature, actual or imputed. ‘The essence of the Law’, according to Salmond:[x]. Statutory Interpretation – The Golden Rule By Mrs J. Arthur 2. A businessman, though landless cannot claim the benefit of the Act. This provision provided machinery for the transfer of the undertaking (an old company) to a new company. If the language is capable of more than one interpretation, we ought to discard the more natural meaning if it leads to an unreasonable result, and adopt that interpretation which leads to a reasonably practical result.”. Grammatical interpretation is arrived at by reference to the laws of speech to the words used in the statute; in other words, it regards only the verbal expression of the legislature. However, when this may lead to an irrational result that is unlikely to be the legislature’s intention, the… Read More »Golden Rule Interpretation of Status Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. [xxiv] Odgers, Construction of Deeds and Statutes, second edn, pp 289-90. David L. Cooper (1886-1965), These keys may be termed as aids for interpretation and principles of interpretation. Jervis CJ, also described it as the ‘golden rule’ in Matteson v. It is such a rule which disposes of ambiguity’, inconsistency, unclarity, hardship, inconvenience, injustice, etc. 61]-—Lord Wancely Dale says that constructing testaments and documents. Lord Wensleydale called it the ‘golden rule’ and adopted … If the words of Statute are clear and unambiguous then, there is no need for interpretation. The modern positive approach is to have a purposeful construction, which is to effectuate the object and purpose of the Act. Judges are not at liberty to add to or take from or modify the letter of the law simply because they have reason to believe that the true sententia legis is not completely or correctly expressed by it. It is also known as British Rule. [xxix] (1940) AC 1014: (1940) 3 AU ER 549 (HL). They also stated that to place undue emphasis on the literal meaning of words is to “assume an unattainable perfection in draftsmanship”[xlix] This was written in 1969 and in the light of more recent judicial developments,[l] it seems that the courts have shifted somewhat from the literal approach. Here it is considered that the items which are not on the list are not covered by the statute. In Grundi v. Great Boulder Proprietary Cold Mines Ltd.,[xlvii] Lord Greene M.R. The use of the “absurdity” safety valve can be very erratic as pointed out by Professor Willis in his famous article, “Statute Interpretation in a Nutshell” (l938) l6 C.B. The golden rule allows permissible interpretation of the literal meaning of the term, in view of other aspects of the statute such as its preamble, article titles, and punctuation. Referring to Moxs v/s Doncouster Calories Ltd. [(1940) 3 All E.R. Golden Rule The Golden rule, or British rule, is a form of statutory interpretation that allows a judge to depart from a word’s normal meaning rule, it gives the words of a statute their plain, ordinary meaning. It is a compromise between the plain meaning (or literal) rule and the mischief rule. [xxiii] Crawford, Statutory Construction, p 274. It is one of the well-established rules of construction that if the words of a statute are in themselves precise and unambiguous no more is necessary than to expound those words in their natural and ordinary sense, the words themselves in such a case best declaring the intention of the legislature. Golden Rule of Interpretation Prof. S. P. Srivastava Department of Law and Governance Central University of South Bihar Gaya Basics • Sometimes, it appears to the court that to apply the words literally may defeat the obvious intention of the legislation and produce a wholly unreasonable result. The Golden Rule of interpretation can be said as the modification of the Grammatical Rule of Interpretation. Origin of Golden Rule2. This is also said by the Golden Rule of Interpretation.eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-banner-1','ezslot_5',135,'0','0'])); National Insurance Co. Ltd. v/s Shinder Kaur (A.l.R. His Lordship expressed himself thus: I have been long and deeply impressed with the wisdom of the rule, now I believe universally adopted at least in the courts of law in Westminster Hall that in construing wills, and indeed statutes and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further. 1997 Orissa 54)-—Orissa High Court decided in all that the Principle rule of Interpretation is that the ordinary, clear and unambiguous language used in Statute should be interpreted ordinarily. In Lee v. Knapp,[xl] Section 77(1) of the Road Traffic Act, 1960, provided that “a driver causing accident shall stop after the accident”, the interpretation of the word “stop” was in question. Copyright © 2020 Lawctopus. Willis at l3-l4: It is the duty of the Court to give effect to the meaning of an Act when the meaning can be fairly gathered from the words used, that is to say, if one construction would lead to an absurdity while another will give effect to what common sense would show, as obviously intended, the construction which would defeat the ends of the Act must be rejected even if the same words used in the same section, and even the same sentence, have to be construed differently. The ‘Golden Rule of Interpretation’ Luke v/s England Revenue Commissioners (1963 A.C. 557)- . If the court has to deviate from literal or grammatical interpretation to know the intention of legislature and implementation of the objects of statute. We must, therefore, in this case have recourse to what is called the golden rule of construction, as applied to Acts of parliament, viz to give to the words used by the Legislature their plain and natural meaning, unless it is manifest, from the general scope and intention of the statute, injustice, and absurdity would result from so construing them. Literal or grammatical interpretation should be used as much as possible unless it creates inconsistency or unreasonableness and the testament and documents do not lead to adverse effects. This was held not to apply to ‘an informant who complained of an acquittal’ on a charge of obstructing of the highway, for if it did, the person acquitted would be liable to be twice vexed for the same offence. It is however reiterated in every concerned case[xvii], that the province of the judge is a very different one of construing the language in which the legislature has finally expressed. But her intention of giving a flick knife to her supervisor was to punish a youth member. The proper construction of a statute is a question of law. “It may sometimes happen that laws made for the benefit of the public at large may come in the conflict of some individual interest or take away his legal right and cause injustice to him. Golden Rule of Interpretation Introduction: Initially Golden Rule of Interpretation was called 'Logical Interpretation or Logical Rule of Interpretation [v] An interpretation of the statutory provision which defeats the intent and purpose for which the statute was enacted should be avoided. When the courts find an attempt at concealment, they will, “brush away the cobweb varnish, and shrew the transactions in their true light. As well as presenting no anaesthetic risk, EMA is not invasive, less likely to result in complications (like excessive bleeding), and hence also, usually, the least emotionally distressing of th… Zander[li] contends that: “The main principles of statutory interpretation-the literal rule, the golden rule and the mischief rule-are all called rules, but this is plainly a misnomer (A misnomer is a term that suggests an interpretation known to be untrue). Importance of Golden rule of Interpretation - 1) it departs from its strictly literal rules 2) the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to … It is equally a well-settled principle of construction that where alternative constructions are equally open that alternative is to be chosen which will be consistent with the smooth working of the system which the statute purports to be regulating; and that alternative is to be rejected which will introduce uncertainty, fiction or confusion into the working of the system. There is the difficulty. [iv] Bhatia International v Bulk Trading SA & Anor (2002) 4 SCC 318. Applying the golden rule the court held that the driver had not fulfilled the requirement of the section, as he had not stopped for a reasonable period so as to enable interested persons to make necessary inquiries from him about the accident at the spot of the accident. We have to interpret statutes according to the language used therein, and though occasionally the respective consequences of two rival interpretations may guide us in our choice in between them, it can only be where, taking the Act as a whole and viewing it in connection with the existing state of law at the time of the passing of the Act, we can satisfy ourselves that the words cannot have been used in the sense the argument points. Interpretation of statues is of prime importance to the daily work of the judges. The Second is “golden rule” that the words should be given their ordinary sense unless that would lead to some absurdity or inconsistency with the rest of the instrument; and the “mischief rule” which emphasizes the general policy of the enactment and the evil at which it was directed.”[xix]. A wider construction if given to the provision, it may affect the recruitment policy itself for a person directly recruited to a higher post may not have the requisite qualification for the lower post. It is a Universal Principle of Interpretation that the words of statutes should be given meaning according to the intention of the legislature and its intention could be known from the literal or grammatical interpretation of the language used. Unless the words are without meaning or absurd, it would be safe to give words their natural meaning because the framer is presumed to use the language which conveys the intention. Baliah v. T.S. said, “Although absurdity or non-absurdity of one conclusion as capered with another may be and very often is, of assistance to the court in choosing between two possible meanings of ambiguous words. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences. But, if difficulties are arising in doing so. In Ramji Missar v. State of Bihar[xli] in construing Section 6 of the Probation of Offenders Act, 1958, the Supreme Court laid down that the crucial date on which the age of the offender had to be determined is not the date of offence, but the date on which the sentence is pronounced by the trial court An accused who on the date of offence was below 21 years of age but on the date on which the judgment pronounced, if he was above 21 years, he is not entitled to the benefit of the statute. Whether biscuits though intended for human consumption, can be construed as “cooked food” and liable to be taxed as per the notification issued under the said provision. The other is that the statute may be applied to the substance rather than the mere form of transactions, thus defeating any shifts and contrivances, which parties may have devised in the hope of thereby falling outside the Act. 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