Purposive approach
Purposive approach legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
While interpreting statutes, the cardinal rule is to take the purposive approach which means to look at the meaning of the words and the object and purpose of the law, which states the aim and objective of the law
Discovering the aim of the legislature carries significant weight while construing the meaning of the words of the statute.
While interpreting statutes, the cardinal rule is to take the purposive approach which means to look at the meaning of the words and the object and purpose of the law, which states the aim and objective of the law
Discovering the aim of the legislature carries significant weight while construing the meaning of the words of the statute.
Statutory interpretation involves four rules, with the literal rule being the first, followed by the golden rule, the mischief rule, and finally the purposive approach
Literal rule enables the Court to interpret the legal provision in its literal and ordinary sense and it cannot examine the intent of the Legislature
Golden rule can only be given effect if the literal interpretation gives rise to some irrationality
Under such rule, the Court can look into the legislative intent of a provision or a statute
Third rule of mischief can be used to see the unconstitutionality of the legislation
Purposive rule can be set in motion for ensuring the effectiveness of the law in accordance with the will of Parliament.
Statutory provisions of a statute can be interpreted liberally in a manner so that purposive approach keeping in mind the legislative intent and purpose of the statute cannot be discerned from mere recital of the Preamble because whole statue has to be read out to find out the legislative intent.
Any interpretation which advanced the purpose of the Act was to be preferred rather than an interpretation which defeated its objects.
Analysis of the facts depended on such purposive construction of the statute.
Modern approach to statutory construction was to have regard to the purpose of a particular provision and interpret its language, so far as possible, in the way which best gave effect to that purpose.
Analysis of the facts depended on such purposive construction of the statute.
Modern approach to statutory construction was to have regard to the purpose of a particular provision and interpret its language, so far as possible, in the way which best gave effect to that purpose.
"Purposive approach", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124956348
Precedents & Case Laws citing "Purposive approach"
1997 P T D (Trib
N/A
Court: Income-tax Appellate Tribunal Pakistan2016 S C M R 447
DIRECTOR GENERAL, FIA and others — Appellants Versus KAMRAN IQBAL and others — Respondents
Court: Supreme Court of Pakistan2015 M L D 995
NATIONAL SILK AND RAYON MILLS — Petitioner Versus FEDERATION OF PAKISTAN and 4 others — Respondents
Court: LahoreP L D 1992 Lahore 178
MUHAMMAD SHAFI ‑‑‑ Petitioner Versus DEPUTY SUPERINTENDENT OF POLICE (Malik GUL NAWAZ),
Court: The express use of the words 'before it" in section 476‑A, Cr.P.C. seems to be a clear and unmistakable evidence of the Legislature itself in this behalf. p. 196OP L D 2003 Lahore 741
Dr. FOZIA AMBER — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents
Court: High CourtP L D 2016 Supreme Court 514
DILAWAR HUSSAIN and others — Appellants Versus PROVINCE OF SINDH and others — Respondents
Court: Supreme Court of Pakistan1999 P T D (Trib
N/A
Court: Income-tax Appellate Tribunal Pakistan2026 M L D 525
Ghulam Abbas — Petitioner Versus Ex-Officio Justice of Peace and others — Respondents
Court: Lahore2012 C L D 832
DATA STEEL PIPE INDUSTRIES (PVT.) LTD. — Appellant Versus SUI SOUTHERN GAS CO. LTD. and others — Respondents
Court: Sindh2018 P T D 114
COMMISSIONER INLAND REVENUE, ZONE-III Versus Messrs IGI INSURANCE COMPANY LTD.
Court: Sindh