Liberal interpretation

Supreme Court has underscored the importance of adopting a purposive and liberal interpretive approach toward family statutes

The law must be construed to advance the object of social welfare, not to obstruct it through procedural formalism

Accordingly, Family Courts should interpret their enabling statute in a manner that fosters substantive justice, promotes expeditious relief, and prevents technicalities from defeating legitimate claims.

Employees' Old-Age Benefits Act, 1976 is a beneficial statute intended to provide security and old-age benefits to employees of industrial, commercial or other organizations covered by it and, therefore, its provisions have to be construed liberally in order to advance its objective.

Employees' Old-Age Benefits Act, 1976 is a beneficial statute intended to provide security and old-age benefits to employees of industrial, commercial or other organizations covered by it and, therefore, its provisions have to be construed liberally in order to advance its objective.

Entries to the Legislative Lists were not the source of legislative power but were merely topics of fields of legislation and allocation of the subjects to the lists was not by way of scientific or logical definition but by way of mere simple enumeration of broad catalogue

Such entries must receive a liberal construction inspired by a broad and generous spirit and not in a narrow pedantic sense

If a legislation purporting to be under a particular legislative entry was assailed for lack of legislative competence, the State could always show that the law was supportable under any other entry within its legislative competence.

Public interest litigation was a powerful tool for individuals and groups for combating illegalities, injustice and social ills, which promoted and protected the larger public interest in case of violation of any fundamental rights

As long as the public interest prayed for was bona fide and not based on any vested interests, the principles of locus standi/aggrieved person were to be interpreted liberally by the Courts

Superior courts were bound to protect the Fundamental Rights of citizens in exercise of jurisdiction conferred via Art.199 or Art.184 (3) of the Constitution.

As a general rule, courts look with favour upon remedial and curative enactments, which were beneficial in nature and were interpreted in the context of the evil to be cured and the mischief to be remedied

Provisions of such enactments were to be liberally construed so as to advance the remedy and suppress the mischief and to ensure that the legislative intent, in such behalf, was not frustrated

Remedial and curative statutes generally were retroactive in their application and applied to pending proceedings

In the absence of the express words to the contrary, such enactments should not ordinarily be construed to destroy vested rights, create new liabilities and obligations or disturb past and closed transactions

With regard to judgments passed prior to enactment of a remedial or curative statute, the finality thereof may be disturbed and destroyed during the pendency of appeal there-against, if such was the intention of the Legislator, which could be fairly gathered from the express words employed in the remedial or curative enactment.

As a general rule, courts look with favour upon remedial and curative enactments, which were beneficial in nature and were interpreted in the context of the evil to be cured and the mischief to be remedied

Provisions of such enactments were to be liberally construed so as to advance the remedy and suppress the mischief and to ensure that the legislative intent, in such behalf, was not frustrated

Remedial and curative statutes generally were retroactive in their application and applied to pending proceedings

In the absence of the express words to the contrary, such enactments should not ordinarily be construed to destroy vested rights, create new liabilities and obligations or disturb past and closed transactions

With regard to judgments passed prior to enactment of a remedial or curative statute, the finality thereof may be disturbed and destroyed during the pendency of appeal there-against, if such was the intention of the Legislator, which could be fairly gathered from the express words employed in the remedial or curative enactment.

Beneficial legislation, generally, was to be given a liberal interpretation, however for the said legislation to have a retrospective effect, beneficial legislation must carry curative or remedial content

Such legislation must, therefore, either clarify an ambiguity or an omission in the existing law and must be explanatory or clarificatory in nature

While beneficial legislation was to be liberally interpreted, in order to advance the beneficent object of the statute, it in no manner meant that "beneficial legislation" or "liberal interpretation" necessarily included or interchangeably meant retrospective application of the statute

Unless the legislation was remedial, curative, explanatory or clarificatory, it could not be interpreted retrospectively merely on the ground that the legislation is generically beneficial in nature.

Beneficial legislation, generally, was to be given a liberal interpretation, however for the said legislation to have a retrospective effect, beneficial legislation must carry curative or remedial content

Such legislation must, therefore, either clarify an ambiguity or an omission in the existing law and must be explanatory or clarificatory in nature

While beneficial legislation was to be liberally interpreted, in order to advance the beneficent object of the statute, it in no manner meant that "beneficial legislation" or "liberal interpretation" necessarily included or interchangeably meant retrospective application of the statute

Unless the legislation was remedial, curative, explanatory or clarificatory, it could not be interpreted retrospectively merely on the ground that the legislation is generically beneficial in nature.

Beneficial legislation, generally, was to be given a liberal interpretation, however for the said legislation to have a retrospective effect, beneficial legislation must carry curative or remedial content

Such legislation must, therefore, either clarify an ambiguity or an omission in the existing law and must be explanatory or clarificatory in nature

While beneficial legislation was to be liberally interpreted, in order to advance the beneficent object of the statute, it in no manner meant that "beneficial legislation" or "liberal interpretation" necessarily included or interchangeably meant retrospective application of the statute

Unless the legislation was remedial, curative, explanatory or clarificatory, it could not be interpreted retrospectively merely on the ground that the legislation is generically beneficial in nature.