Interpretation is the primary function of the court. Construction means drawing true conclusions on the basis of the true spirit of the enactment even though the same does not appear if the words used in the enactment are given their natural meaning. When two or more provisions of the same statutes are repugnant, the court…
The first step in the formation of a company is to prepare a document called the memorandum of association. This document contains the constitution of the company. It has to be divided into five clauses. It has to be in any of the forms specified in tables A to E in schedule 1. Name Clause:…
A mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor,…
Acid Attack is the attack of throwing acid on the body. It is a assault which is done in the intention to destroy the face or to kill. The problem of acid attack on womens is increasing day by day. The acid utilized in these assaults is Sulphuric Acid, Hydrochloric Acid and Nitric Acid. It…
Oral evidence is the evidence which is confined to words spoken by mouth. Oral evidence, if worthy of credit, is sufficient without documentary evidence to prove a fact or title. Where a fact may be proved by oral evidence is not necessary that the statement of the witness should be oral. Any method of communicating…
The Golden Rule is a modification of grammatical interpretation. It says that ordinarily the court must find out the intention of the legislature from the words used in the statute by giving them they’re their natural meaning but if this led to absurdity, repugnance, inconvenience, hardship, injustice or evasion, the court must modify the meaning…
A public company, but not a private company, is entitled, by issuing a prospectus, to invite applications for its shares or debentures. Prospectus is defined by section 2(70) as “Prospectus means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus…
The word ‘hearsay’ is used in various senses. Sometimes it means whatever a person is heard to say; sometimes it means whatever a person declares on information given by someone else-Stephen. The term ‘hearsay’ is used with references to that which is written as well as that which is spoken, and in its legal sense,…
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act,2017 The Admiralty Jurisdiction Act seeks to consolidate the laws relating to admiralty jurisdiction (the jurisdiction to deal with maritime claims), legal proceedings in connection with vessels, their arrest, detention and sale and other connected matters. In Kamalakar Mahadev Bhagat v. Scindia Steamship Navigation Co. Ltd (AIR 1961Bom 186,…
The Mischief Rule The mischief rule of interpretation originated in Haydon’s case. In this case, the Boron’s of the exchequer resolved “that for the sure and true interpretation of all statutes in general four things are to be discerned and concerned; (1st) What are the common laws before the making of the act. (2nd) What…
