My Lord, Should Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 that defines ‘child’ to mean any person below the age of 18 years, engulf and embrace, in its connotative expanse, the ‘mental age’ of a person or the age determined by the prevalent science pertaining to psychiatry so that a […]Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"
In Gibson v. Skibs, (1966) 2 All ER 478 it was held that “prima facie one would expect that when two different words, although practically synonymous in ordinary use, are employed in different parts of the same regulation dealing with the same kind of topic, they are intended to have some different meaning.” The SC […]Read more "Synonymous Words, Different Meanings"
“The Common Law rule of construction “verba chartarum fortius accipiuntur contra proferentem” means that ambiguity in the wording of a policy is to be resolved against the party who prepared it. MacGillivray on Insurance Law [9th ed., 1997] deals with the rule of Contra Proferentem as follows: “The Contra Proferentem rule of construction arises only […]Read more "The Contra Proferentem Rule IV"
“It needs no special emphasis to mention that provisos can serve various purposes. The normal function is to qualify something enacted therein but for the said proviso would fall within the purview of the enactment. It is in the nature of exception. Hidayatullah, J. had observed that a proviso is generally added to an enactment […]Read more "The Proviso"
Though the rule of casus omissus i.e. “what has not been provided for in the statute cannot be supplied by the Courts” is a strict rule of interpretation there are certain well known exceptions thereto. The following opinion of Lord Denning in Seaford Court Estates Ltd. v. Asher, (1949) 2 All ER 155 may be […]Read more "Casus Omissus"
“The Contra Proferentem rule is a principle of last resort.” – North v. Marina,  NSWSC 64. _____ In Fruit Juice Stalls, [Civil Appeal Nos. 618-620 of 2016] Senior Advocate Raju Ramchandran has quoted K. Mohandas, (2009) 5 SCC 313 to elaborate upon the Contra Proferentem rule. The rule is a “a late‐inning tiebreaker, one used when […]Read more "The Contra Proferentem Rule III"
I pick up a phrase, I write a post – voila! we have more on it from the SC, 11 days later. That is the power. The Judges give to you what you need. “In Halsbury’s Laws of England (5th Edition – Volume 60, Para 105 ) principle of Contra Proferentem rule is stated thus: […]Read more "The Contra Proferentem Rule II"