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NEED FOR AND OBJECT OF INTERPRETATION

NEED FOR AND OBJECT OF INTERPRETATION :

The object of interpretation has been explained in Halsbury’s Laws of England 3rd Ed., vol. 2, p. 381 in the following words : “The object of all interpretation of a ‘Written Document’ is to discover the intention of the author, the written declaration of whose mind the document is always considered to be. Consequently, the construction must be as clear to the minds and apparent intention of the parties as possible, and as the law will permit. The function of the court is to ascertain what the parties meant by the words which they have used; to declare the meaning of what is written in the instrument, and not of what was intended to have been written; to give effect to the intention as expressed, the expressed meaning being, for the purpose of interpretation, equivalent of the intention. It is not possible to guess at the intention of the parties and substitute the presumed for the expressed intention. The ordinary rules of construction must be applied, although by doing so the real intention of the parties may, in some instances be defeated. Such a course tends to establish a greater degree of certainty in the administration of the law”. The object of interpretation, thus, in all cases is to see what is the intention expressed by the words used. The words of the statute are to be interpreted so as to ascertain the mind of the legislature from the natural and grammatical meaning of the words which it has used.

According to Salmond, interpretation or construction is the process by which the Courts seek to ascertain the meaning of the legislature through the medium of the authoritative forms in which it is expressed.

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