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Legislative Intention of the Lawmakers

Analysis and Conclusion

The overarching insight from these sources is that the primary guiding principle in statutory interpretation is the legislative intention. Courts must prioritize the intent of the lawmakers over literal definitions or interpretive clauses if they conflict with the plain language or purpose of the statute. This approach ensures that laws are applied in a manner consistent with their objectives, justice, and reason, respecting the constitutional powers of Parliament and the legislative process.

Search Results for "Legislative Intention of the Lawmakers"

ANISH MOHAMMED RAWTHER, S/O LATE SYED MOHAMMED RAWTHER VS DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE, 3RD FLOOR, “B” BLOCK, BMTC BUILDING, SHANTHINAGAR, TTMC, K H ROAD, BANGALORE SRI.  RAHUL SINHA

2022 0 Supreme(Kar) 2 India - Karnataka

KRISHNA S.DIXIT

of the statute, that intention must prevail over the legislative definition. ... It is, therefore, obvious that before the legislative definition can be relied upon, its applicability as well as its reliability should be ascertained… In the event that the definition found in the interpretation clause is at variance with the intention of the lawmakers as expressed in the plain language ... The statute may indicate that the legislative definition is inaccurate. ... (ii) It is pertinent ....

SRI ANISH MOHAMMED RAWTHER Vs THE DEPUTY DIRECTOR

India - High Court of Karnataka

KRISHNA S DIXIT

the statute, that intention must prevail over the that the definition found in the interpretation clause is at variance with the intention of the lawmakers as expressed in the plain language of 12 same without scanning its wisdom or policy without engrafting, adding or implying anything which is not congenial to or consistent with such express intention ... UN Conventions on prevention of money laundering and India’s legislative response: (i) The Parliament enacted and structured the PML Act....

Basti Ram VS Ghewar Chand

1979 0 Supreme(Raj) 18 India - Rajasthan

M.C.JAIN

In the event that the definition found in the interpretation clause is at variance with the intention of the lawmakers as expressed in the plain language of the statute, that intention must prevail over the legislative definition. ... In other words, the intention of the legislature must control the legislative definition. But the interpretation clause and the statute proper must all be construed together as a part of the same statute. ... The statutes meaning would in all probability ....

State Bank Staff Union, Madras Circle VS Union of India and Others

2000 0 Supreme(Mad) 803 India - Madras

R.JAYASIMHA BABU, FAKKIR MOHAMED IBRAHIM KALIFULLA

held that Parliament has the power to legislate on the topic of bonus and can modify or abrogate law based on custom within its legislative ... grant of bonus to the employees of public sector Banks except in accordance with the Payment of Bonus Act was valid and within the legislative ... beyond the competence of the legislature, but Parliament can render judicial decisions ineffective by enacting valid laws within its legislative ... It has acted within the field of its legislative competence. ... For making a determin....

Gajji Veeresh VS Secretary Ministry of Home Affairs, Government of Karnataka

2014 0 Supreme(Kar) 754 India - Karnataka

ASHOK B.HINCHIGERI, B.SREENIVASE GOWDA

Section 13 prevails over to the proviso to Section 3(2); the last intention of the lawmakers has to prevail over their earlier intention, if it is impossible to give effect to the whole expression of the legislative intention. ... How different sections are organized and arranged indicates the legislative intention. ... 10. The proviso to Section 3(2) of the Goondas Act states that the period of detention cannot exceed three months at any one time. ... A proviso is a ....

State of Kerala VS Suni @ Sunil

2025 8 Supreme 313 India - Supreme Court

SANJAY KUMAR, ALOK ARADHE

of lawmakers, statutory provisions which are seemingly lacking in clarity, but are actually not so, can be synchronized so as to ... give effect to legislation as intended, without Court venturing into realm of legislative drafting – Such an exercise would ... a situation where it is not an instance of casus omissus by draftsman of legislation and there are ample means to gather clear intention ... However, in a situation where it is not an instance of casus omissus by the draftsman of the legislation and there are ample means to ga....

SRI ANISH MOHAMMED RAWTHER v/s THE DEPUTY DIRECTOR

2022 Supreme(Online)(KAR) 7 India - High Court of Karnataka

KRISHNA S.DIXIT

of the statute, that intention must prevail over the legislative definition. ... It is, therefore, obvious that before the legislative definition can be relied upon, its applicability as well as its reliability should be ascertained… In the event that the definition found in the interpretation clause is at variance with the intention of the lawmakers as expressed in the plain language ... The statute may indicate that the legislative definition is inaccurate. ... definition may be of ....

MSPL Ltd.  VS Union of India

2008 0 Supreme(Del) 677 India - Delhi

S.RAVINDRA BHAT

Having regard to this background, had Parliamentary intention been to override such arrangements, surely the lawmakers would have been explicit in their intention, and not left it to the vagaries of interpretive exercise by the courts. ... It can, thereforee, be said with a measure of confidence that legislative power of the States under Entry 24, List II is eroded only to the extent control is assumed by the Union pursuant to a declaration made by the Parliament in respect of declared industry as spelt out by ....

C.  Ram Prakash VS Power Grid Corporation of India Ltd. , (A Government of India Enterprise) through its Chief Manager

2011 0 Supreme(Mad) 3738 India - Madras

M.M.SUNDRESH, P.JYOTHIMANI

In other words as observed by Crawford in his book on Statutory Constructions that the entire legislative process is influenced by considerations of justice and reason. Justice and reason constitute the great general legislative intent in every piece of legislation. ... Judicial time and energy is more often than not consumed in finding what is the intention of Parliament or in other words, the will of the people. ... Consequently where the suggested construction operates harshly, ridiculously or in any other manner contrary to prevailing....

Afjal Ansari VS State of U. P.

2023 8 Supreme 731 India - Supreme Court

SURYA KANT, UJJAL BHUYAN, DIPANKAR DATTA

Procedure Code, 1973 – Section 389(1) – Stay on conviction – Appellant is a public representative, having served as a Member of the Legislative ... pursuant to RPA – Phenomena of docket explosion or high backlog of cases should not be construed as valid grounds for thwarting legislative ... A brief survey of the Constituent Assembly Debates would also aptly lead to the original intention of our lawmakers that culminated in the enactment of the RoP Act. ... It is lamentable that what is preached by the lawmakers....

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