SYNOPSIS

- H. Mohamed Abdul Raaziq,

BC0150015.

Introduction:

The legislature cannot be accused of the mistakes and a court of law is of no doubt not
authorized to supply casus omissus or amend the laws per se. But it is the duty of the Courts to
interpret and construct the provisions with regard to the circumstances that the intention and
object of the legislature do not get defeated. The interpretation of statutes by the Indian courts is
guided by several primary and secondary rules of interpretation.Accordingly, the secondary rules
of interpretation assist the primary rules by providing various standardized Latin maxims which
are employed by the courts in the due process of interpretation. One among those fascinating
maxims is ut res magisvaleat quam pereat and this paper focuses on the meaning and
significance of the maxim along with the various judicial pronouncements on this maxim.

Tenatative chapterisation:

Judgments

Abbreviations

Books and articles

Abstract

1. Introduction

1.1. Introduction

1.2. Research methodology

1.3. Literature review

2. Basics of Ut Res MagisValeat Quam Pereat

2.1 Ut Res MagisValeat Quam Pereat-meaning and significance

2.2 Scope and applicability of the maxim

3. Case studies

3.1 Judicial decisions in support of the maxim

3.1.1 Interpretation of taxation statute : CIT v. Hindustan Bulk Barriers

3.1.2 Medical Council Act: K.B.Nagpur, M.D.(Ayurvedic) v. Union of India

3.1.3 Electricity Act: Southern electric supply company of Orissa v. seetharam rice mill

3.1.4 Land Acquisition Act: Girnar traders v. State of Maharastra

3.1.5 Interpretation of Lokayukta Act: State of Gujarat v. Justice R.A.Mehta

3.1.6 Interpretation of penal statute: BalramKumawat v. Union of India

4. Exceptions and inference

4.1 Presumption of constitutionality

4.1.1 Indira Sawhney v. Union of India

4.2 Summarisation and analysis

5. Conclusion

5.1 Conclusion

Research methodology:

The paper aims to provide a comprehensive understanding of the maxim and the objectives are

- To plot out the basic requirements for the application of this rule
- To understand the applicability of the maxim in different areas of law

- To analyze the extent of its validation through case laws.

The researcher is focusing on the maxims usage in various case laws. Hence the research is
analytical in nature and the mode of research is doctrinal. The primary sources of the research
include case laws especially the judgment of the last two decades

Research questions of the project focus on:

1. Whether the rule of Ut Res MagisValeat Quam Pereat is applicable under all the
circumstances?

2. What is the significance of the maxim in various fields of law?

3. How is the maxim helpful in assisting the primary rules of interpretation?

Literature review:

Maxwells Interpretation of Statutes(1969) gives the core idea about the maxim. The book of
interpretation given by G.P.Singh(2016) contains information about all the recent cases in which
the maxim Ut Res MagisValeat Quam Pereat is applied. It mostly includes the income tax cases
and constitutional cases which is very useful for basic understanding and conformity in
application of the maxim from apex court to departmental proceedings. VepaSarathi(2010) in his
book traces the relevance and applicability of the maxim from day old judgments of various
countries and we are able to derive the different connotations attached to the maxim.
Bindra(2014) gives a short critical comment on the judgments in relation to this maxim.
Regarding the articles, the article of Bennion on the rules of construction gives details about the
concepts of legislative intention. VidheyUpadhyay in his writings gives the Indian version of it

Bibliography:

Books:

BasuDurga Das, Shorter Constitution of India, (Lexis Nexis, Haryana, 14th edn., 2009).
 DhandaAmita, N.S.Bindras Interpretation of Statutes, (LexisNexis, Haryana, 11th edn.,
2014).

Langan.P.St.J, Maxwell on the Interpretation of Statutes, 199-220 (Lexis Nexis, Haryana,

12th edn., 1969).

SarathiP.Vepa, Interpretation of Statutes, (Eastern Book Company, Lucknow, 5th edn.,

2010).

Singh.G.P, Principles of Statutory Interpretation, (LexisNexis, Haryana, 14th edn., 2016).

Articles and journals:

BennionFrancis, Guides to Legislative Intention I: Rules of Construction, Bennion on

statute law (1990) available at http://www.francisbennion.com/pdfs/fb/1990/1990-002-104-
statute-law-pt2-ch9.pdf, last seen on 05/03/16.

Beneficial construction is a tendency and not a rule,

http://www.judicialcoachingchandigarh.com/study_materials/interpretation_status.PDF, last seen
on 05/03/16.

Reddy Alekhya, Literally Interpreting The Law- A Appraisal Of The Literal Rule Of
Interpretation In India, Manupatra available at
http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=de04d3e5-415a-4a9d-9a0d-
713d14329080&txtsearch=Subject:%20Civil, last seen on 11/03/16.

SW African cases:Ut res magisvaleat quam pereat ,115(7) University of Pennsylvania

Law Review 1170,1194 (May, 1967) available at http://www.jstor.org/stable/3311067, last seen
on 07/03/16.

UpadhyayVideh, A good late realization, 44(44) Economic and Political Weekly, 18,19
(October 31-November 6, 2009) available at http://www.jstor.org/stable/25663725, last seen on
05/03/16.

VermaAditya, Presumption of constitutionality, Mylaw.net (Dec.20,2013) available at

http://blog.mylaw.net/tag/presumption-of-constitutionality/, last seen on 07/03/16.
Conclusion:

In the majority cases, the court is bound to act upon this rule so that the intention of the
legislature is served to its fullest extent. Adapting to this rule, the analysis reveals that the
maxims very motive is to render all the statutes workable and operative. And it achieves its
motive, by a careful assessment of the purpose (which includes both object and intention) for
which a statute is enacted. Thus, the maxim Ut Res MagisValeat Quam Pereat leans towards a
purposive approach to the interpretation of the legislations, thereby giving a life to the statutes
and strengthens the primary rules of construction.