Wednesday 6 July 2022

Interpretation of Law

 There is no codified procedure of interpretation of law and jurist do Interpretation of law as per object of legislation  & meaning applicable to clause . The necessity of interpretation occurs when any ambiguity appears in law and  meaning of legal word , clause , object of law are considered the basis of interpretation of law , In our constitution the interpretation of law when differs in multiple opinion with regard to constitutional matters ,then a  reference is made to constitutional bench of Supreme Court ,  supremacy of Supreme Court in interpretation has final verdict and subordinate courts obeys the interpretation of Supreme Court and high courts as enshrined in constitution  The judgements declared  by reference are very important judgement upon law whether reference made to high court by subordinate court or single bench to higher bench of high courts or Supreme Court : It is not essential that in every case references are made to higher court , our high courts and Supreme Court interpret the law in decisions : The binding nature of law where legislation was passed on the subject listed in concurrent list of constitution , meaning thereby when state and Center both have authority to enact law then both law persists and if law made by state differs or not in consonance with central act what would be binding effect or the procedure adopted in state law differs from Center then which law or procedure would dominate : supremacy of centre as enshrined in our constitution : The dominance of Center in enactment of legislation always followed : The latest judgement by Supreme Court decided in case titled Asset reconstruction company (India) Limited v/s S.P. Velayutham & others SLP number 19662-19663 /2021 dated 04/05/2022 :The relevant

judgement of division bench of Madras upheld in the case  

where interpretation of sec 32,(c) 33,(1), 34 (3)(c) registration act interpreted : In central act there is a mandatory clause for registration of document but in few states some documents are optional for registration : Authenticity ,  are to be seen at the time of registration by registering authority : In this case legal document was discussed , Power of attorney before to be registered on behalf of agent authenticity should be adjudged , if a person brings power of attorney then authenticity should be checked whether the people bringing the PA was of a disable person ,was produced before notary , Indian Counselor authorised as per clause and thereafter it’s registration may  be carried out through its agent having authority in this regard while checking its authenticity by registering authority, The mortgage of Indian Bank  declared not valid : In the subject case power of attorney was not having clause of sale and sub registrar registered the sale deed without the rights in PA thus  authenticity of PA  not checked by registering authority   regarding rights of sale : it was bounden duty to check the document as per sec 34(3)(c) before registering the document :similarly number of cases where our high courts and Supreme Court interpreted the law


 




No comments:

Post a Comment