Rules of interpretation of law in hindi and urdu (2) or Mischief rule.golden rule, Sources of law 9

Email address chali.raza.50364@gmail.com lawschoolofficial@gmail.com Website www.lawschoolofficial.blogspot.com Facebook www.facebook.com/lawschoolofficial https://plus.google.com/109575231597284486665 www.pinterest.com/lawschoolofficial/ https://www.instagram.com/lawschoolofficial/ Logical interpretation Logical interpretation maybe put when there is a logical defect in the letter of the law either on account of ambiguity, inconsistency or incompleteness or when there is a logical defect in the spirit of a law so much so that grammatical interpretation of the same would lead to a logical absurdity. The court can however remedy only the logical defects and not moral or ethical if the provision of law is against misconception of morality or ethical he cannot substitute what he thinks for what the law says because this would amount to exercise of legislative power Ejusdem generis rule The most important rule of interpretation is the Ejusdem generis rule which means that there in a previsions which have some particular of specific word the general words are to be given meaning similar to a particular if a law prohibits the import of arms gum powder or any other goods the word any other goods according to this rule shall be interpreted to mean not elephant. Only such good as a similar to those mentioned previously in specific term as like fuse wire etc. it is necessary to discuss the rule of Ejusdem generis in relation to the rule of grammatical interpretation according to the rule sweeping clause in a statue which says “all other article whatsoever may be interpreted to means only articles of same clause and species” affected by the statue. Term milk products includes curd, cream etc. but Ghee is not because ghee is not perishable in nature items produce by milk are perishable nature You must be kept in mind that the word which has wider meaning in the statue will be interpreted generally not specifically Mischief Rule It was totally different approach the rule was first initiated in Hyden s case when the intention of the Legislature cannot be determined by the language of a statue in question the court may consider the historical background underline the statue. The circumstances under which the bill was introduced and it became law. The act is to be interpreted in such a way as to suppress the mischief and advance remedy This rule for interpreting that was laid down in 16 century and requires judges to consider three things 1 What the law was before statue was passed 2 what is problem or mischief, the statue was trying to remedy 3 what remedy Parliament was trying to provide Purposive approach Historically the preferred approach in statutory interpretation was to look for a statue s literal meaning however in now a days the court have accepted that the literal approach is unsatisfactory instead the judges have been increasingly influenced by European approach to statuary interpretation which focus on gi