Legal heir


The very concept of interpretation connotes the introduction of elements which are necessarily extrinsic to the words in the statute. Though the words “interpretation” and “construction” are used interchangeably, the idea is somewhat different, CWT v. Hashmatunnisa Begum1989 Supp (2) SCC 43.

Interpretation and application — “Interpretation” means action of explaining the meaning of something. For interpreting a statutory provision, court is required to make an insight into the provision and unfold its meaning by means of well-established canons of interpretation, having regard to object, purpose, historicism of law and several other well-known factors. Importantly, interpretation of a legal provision is always independent of the facts of any given case. “Application” means practical use or relevance and hence, application of a statutory provision would always depend on the exact facts of a given case. Slightest difference in the facts of two cases can make a world of difference on question whether or not a statutory provision can be fairly and reasonably applied to it, Sudevanand v. State(2012) 3 SCC 387.

Leave a Reply Cancel reply