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Saturday, January 12, 2008

Discuss the Rules af Interpretatian af Deeds and Dacuments.

It is a cardinal rule o.f interpretatio.n that a proviso. to. a particular pro.visio.n o.f a statute o.nly embraces the field which is co.vered by the main pro.visio.n. It carves o.ut an exceptio.n to. the main"pro.visio.n to. which it has been enacted as a proviso. and to. no. o.ther. (Ram Narain Sons Ltd. Vs. Assistant Commissioner of Sales Tax, AIR 1955 SC 765).
(h) Explanation
An explanatio.n is at times appended to. a sectio.n to. explain the meaning o.f the text o.f the sectio.n. An Explanatio.n may be added to. include so.mething within the sectio.n o.r to. exclude so.mething fro.m it. An Explanatio.n sho.uld no.rmally be so. read as to. harmo.nise with and clear up any ambiguity in the main section. It sho.uld no.t be so. co.nstrued as to. widen the ambit o.f the sectio.n.

(i) Schedules
The Schedules fo.rm part o.f an Act. Therefo.re, they must be read to.gether with the Act fo.r all purpo.ses o.f Co.nstructio.n. Ho.wever, the expressio.ns in the Schedule canno.t co.ntro.l o.r prevail o.ver the express enactment. If there appears to. be any inco.nsistency
. between the schedule and the enactment, the enactment shall always prevail.
~ 6. Discuss the Rules af Interpretatian af Deeds and Dacuments.

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Rules of Interpretation of Deeds and Documents
The first and fo.remo.st Po.int that has to. be bo.rne in mind is that o.ne has to. find o.ut reaso.nable what a man, who. has taken care to. info.rm himself o.f the surro.unding circumstances o.f a deed o.r a do.cument, and o.f its sco.pe and intendments, wo.uld understand by the wo.rds used in the at deed o.r do.cument.
It is inexpedient to. co.nstrue the terms o.f o.ne deed by reference to. the terms af
ano.ther.
Further, it is well established that the same wo.rd canno.t have two. different meanings
in the same document, unless the co.ntext co.mpels the ado.ptio.n o.f such a rule.
The Go.lden Rule is to. ascertain the intentio.n o.f the parties to. the instrument after co.nsidering all the wo.rds in the do.cument/deed co.ncerned in their o.rdinary, natural sense. Fo.r this purpo.se, the relevant po.rtio.ns o.f the document have to. be co.nsidered as a who.le. The circumstances in which the particular wo.rds had been used have also. to. be taken into. acco.unt. Very o.ften, the status and training o.f the parties using the wo.rds have also. to. be taken into. acco.unt as the same wo.rds may be used by an o.rdinary perso.n in o.ne sense and by a trained perso.n o.r a specialist in quite ano.ther and a special senSe. It has also. to. be co.nsidered that very many wo.rds are used in mo.re than o.ne sense. It may happen that the same wo.rd understo.o.d in o.ne sense will give effect to. all the clauses in the deed while taken in ano.ther sense might render o.ne o.r mo.re o.f the clauses ineffective. In such a case the wo.rd sho.uld be understo.o.d in the fo.rmer and no.t the latter sense.
It may also. happen that there is a Co.nflict between two. o.r mo.re clauses o.f the same do.cument. An effo.rt must be made to. reso.lve the co.nflict by interpreting the clauses so. that all the clauses are given effect to.. If, ho.wever, it is no.t po.ssible to. give effect to. all o.f them, then it is the earlier clause that will o.ver-ride the latter one.

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