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Visakhapatnam
COURSE OUTLINE
Course Description
This course introduces students to various canons of statutory interpretation. The aim of the course is
to enable students to understand and apply various rules of interpretation. The course will also
engage with various judicial approaches towards the use of canons of construction and the
implications of these approaches.
This course is a cross-cutting one, relevant for the understanding of statutory interpretation in all
other law courses. The course also holds relevance for legal practice by students in future as it aims
to improve legal argumentation. Students will learn how to channel their legal arguments through the
use of rules of interpretation, thus learning how to draft good legal memos as lawyers or write sounds
judgments as judges.
The cannons of interpretation will be taught through a case based study. The specific canon will be
introduced followed by an examination of cases as examples of the application of the canon. The
emphasis will be on logical reasoning and the ability to apply the canons to reach a conclusion,
instead of the correctness of the conclusion.
Course Aims and Intended Outcomes
The course seeks to:
1. Make students aware of the need for statutory interpretation given the imprecision of language
and impossibility of anticipating all future events.
2. Enable students to understand and apply various canons of statutory interpretation followed in
the common law legal system.
3. Introduce students to rules of interpretation under international law.
1
Unit UNIT 1 CASES FOR REFERENCE No. of
No. (List of Cases are not exhaustive – Hours
Topic: GENERAL Faculty may discuss or indicate any
INTRODUCTION additional Cases)
1.1 Nature and Kinds of Indian Laws: 2
Statutory, Non-statutory, Codified, Un-
codified,State-made and State-
recognised laws; Meaning and Scope of
‘statute’
1.2 Meaning, Objects and Scope of Article: 2
‘interpretation’ and ‘construction’ 1. Andrew Morisson Stumpff, The Law is
Fractal: The Attempt to Anticipate
Everything, 44 Loy.U. Chi. L.J. 649
(Spring 2013)
2
417
2.4 Golden Rule 1. Lee v. Knapp (1967) 2 Q.B.442 3
2. G. Narayanaswami v. Pannersevan (1972)
3 SCC 717
3. Union of India v. Filip Tiago De Gama of
Vedem Vasco De Gama, AIR 1980 SC 981 :
(1990) 1 SCC 277
4. Nokes v. Doncaster Amalgamated
Collieries (1940) AC 1014
2.5 Mischief Rule of Construction/ Rule of 1. Heydon’s case (1584) 3 Co. Rep. 7 3
Purposive Construction 2. R.M.D.C. v. Union of India, AIR 1957 SC
628
3. Commissioner of Income-tax. v. Smt.
Sodra Devi, AIR 1957 SC 832
4. Utkal Contractors & Joinery (P) Ltd.
v. State of Orissa, AIR 1987 SC 1454
5. Smith v. Hughes (1960) 1 W.L.R.830
6. Rev. Stainislaus v. State of M.P., AIR
1977 SC 108
7. S.R. Chaudhuri v. State of Punjab (2001)
7 SCC 126
8. All India Reporter Karamchari
Sangh v. All India Reporters Ltd., AIR 1988
SC 1325
9. State of Mysore v. R.V. Bidap, AIR 1973
SC 255 : (1974) 3 SCC 337
2.6 Construction Ut res magis valeat quam 1. Avtar Singh v. State of Punjab, AIR 3
pereat 1955 SC 1107
2. Corporation of Calcutta v. Liberty
Cinema, AIR 1965 SC 661
3. M. Pentiah v. Muddala Veeramallapa, AIR
1961 SC 1107
UNIT 6
Topic: Repeals and temporary statutes
6.1 Repeals and temporary statutes 1. Harshad Mehta v State of Maharashtra. 2
2001 8 SCC 257
UNIT 7
Topic: Interpretation of Constitution
7.1 Doctrine of Pith and Substance 1. The State of Bombay And Another vs 6
7.2 Colorable Legislation F.N. Balsara AIR 1951 SC 318
7.3 Doctrine of Severability 2. K.C. Gajapati Narayana Deo And Other
v. The State Of Orissa AIR 1953 SC 375
7.4 Doctrine of Eclipse.
3. R.M.D. Chamarbaugwalla v. The Union
of India AIR 1957 SC 628
4. Keshavan Madhava Menon v. The State
of Bombay 1961 S.C.R. 288
UNIT 8
Topic: Delegated legislation
8.1 Delegated legislation 1. Hukumchand v Union of India 1972 2 2
SCC 601
UNIT 9
Topic: TREATY INTERPRETATION UNDER INTERNATIONAL LAW
9.1 Treaty Interpretation under International 1. Articles 31-33, Vienna Convention of 2
Law the Law Treaties (1969)