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Showing posts from March, 2017

INTENTION OF THE LEGISLATURE vs WORDS OF STATUE

The first and most elementary rule of construction is that the words of a statue must prima facie be given their ordinary meaning. Ordinary words must be given their ordinary meanings and technical meanings, unless absurdity would result. This is called the golden rule of interpretation. This rule is also called “literal rule of Construction”. The intention of the Legislature is primarily to be gathered from the language used in the statute, thus paying attention to what has been said as also to what has not been said. When the words used are not ambiguous, literal meaning has to be applied. Effect should be given to the plain words, not because there is any charm or magic in the plainness of such words but because plain words may be expected to convey plainly the intention of the Legislature. Intention of the legislature and not the words is paramount. Even where the words of statutes appear to be prima facie clear and unambiguous it may sometimes be possible that the pl...