Principles of Construction
Principles of Construction legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Where language of a statute was plain, clear and definite, then Court could not look for or impose another meaning.
For interpretation of taxing statute, charging provision was the most relevant provision to determine scope and intent of an enactment, as there was no scope for any intendment or for drawing inference, while interpreting charging provisions of taxing statute.
When a statute provided for a particular thing to be done in a specific manner, then it had to be done in such manner and Courts were not designed to legislate but had to interpret statutes according to their ordinary and plain meaning
Courts could not import or supply words or provisions no matter how laudable and desirable doing so appeared
Courts could not put into a statute words which were not expressed and which could not be reasonably implied on any recognized principle of construction.
Redundancy could not be attached to any words added by the Legislature in a statute and where Legislature has added certain words subsequently, intention could very well be gathered that such words had been added with a purpose and in order to achieve a goal
Textually permissible interpretation that furthers rather than obstructs the purpose of enactment should be favoured
Interpretation always depends on context, and context always included evident purpose, and evident purpose always included effectiveness
Every word had to be given effect and the courts cannot subtract or add any word in a statute.
Such principle always draw upon first on the express language of the statute, next the context, then the object and purposes and last of all on the policy
Where the express language presents no difficulty in interpretation, resort cannot be had to the context
Where the context and the language resolve the meaning, resort to object and purposes is uncalled for.
"Principles of Construction", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/14864
Precedents & Case Laws citing "Principles of Construction"
P L D 1967 Dacca 384
SAHERA BIBI AND OTHERS‑Appellants Versus ABDUL MOTALEB (MINOR) AND OTHERS‑Respondents
Court:1990CLC310
Syed AHMAD FAROOO and 3 others‑‑Petitioners Versus MUHAMMAD ARIF through L.Rs. and 3 others‑‑Respondents
Court: Lahore1991 S C M R 277
Raja SHER AHMAD — Petitioner Versus MUHAMMAD ABDULLAH and others — Respondents
Court: High CourtP L D 1994 Peshawar 249
Mst. GUL PARI alias GULBARO‑‑‑Petitioner Versus ZARIN KHAN and others‑‑‑Respondents
Court:1990 C L C 1845
SHER JAN‑‑‑Petitioner Versus KARIM DAD KHAN through Legal Heirs‑‑‑Respondent
Court: Peshawar1996 M L D 1409
Sahibdaza MUHAMMAD SALIM and another‑‑‑Petitioners Versus Mst. BIBI ZUHRA and others‑‑‑Respondents
Court: Peshawar1993 C L C 2478
EJAZ HUSSAIN ‑‑‑Appellant Versus ABBAS ALI ‑‑‑Respondent
Court: Lahore1990 C L C~ 33
ALLAH DAD Petitioner Versus MEHMOOD SHAH‑‑Respondent
Court: Peshasar1995 M L D 838
NIAMATULLAH KHAN and others‑‑‑Petitioners Versus ADDITIONAL DISTRICT JUDGE and others‑‑‑Respondents
Court: Peshawar2004 Y L R 707
MUHAMMAD AJMAL and others — Appellants Versus PROVINCE OF THE PUNJAB and others — Respondents
Court: Lahore