What is the meaning of estoppel?
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What is the meaning of estoppel?
Estoppel is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. It is meant to prevent people from being unjustly wronged by the inconsistencies of another person’s words or actions.
What is pari materia?
Pari materia means when two provisions of two different statutes deal with the same subject matter and form part of the same subject matter. It is a latin word.
What is locus Poenitentiae?
Legal Definition of locus poenitentiae : an opportunity to withdraw from a contract or obligation before it is completed or to decide not to commit an intended crime.
What is locus standi?
right to be heard
What is the rule of ejusdem generis?
The term Ejusdem Generis in other words means words of a similar class. The rule is that where particular words have a common characteristic (i.e. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded.
What is bonam Partem?
In India, the interpretation of words in Bonam partem is to mean the interpretation of the words of a statute are to be interpreted in their rightful and lawful sense, with the provisions of Income Tax Act of 1961 being filled out as an exception.
What is doctrine of harmonious construction?
Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.
What is sententia legis?
The maxim Sententia legis or mens means that the essence of the law lies in the spirit, and not in its letter, the letters are just the way to express the intentions of the law makers. The words are the external manifestation of intention that it involves.
What is the meaning of interpretation of statute?
Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary meaning. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
What is doctrine of occupied field?
As per the doctrine of “occupied field” enshrined in Article 254(1) of the Constitution, if there exists a Central law on a concurrent subject, then a State law cannot override it.
What is secondary rule of interpretation?
18. SECONDARY RULES AKA RULES OF LANGUAGE – • Noscitur a sociis – When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. This means that words in a list within a statute have meanings that are related to each other.
Which rule of interpretation is also called the safest rule of interpretation?
Literal or Grammatical Rule. It is the first rule of interpretation. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used.
