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 Title of the Act:Intention of the Legislature  Preamble: It is a key to open the minds of the makers and the mischief which they intend to redress.

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Presentation on theme: " Title of the Act:Intention of the Legislature  Preamble: It is a key to open the minds of the makers and the mischief which they intend to redress."— Presentation transcript:

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2  Title of the Act:Intention of the Legislature  Preamble: It is a key to open the minds of the makers and the mischief which they intend to redress.  Powell v Kempton Park Racecorse Co 1897 2 QB 242(Repealed preameble is still relevant to the construction of the unrepealed operative part of the Act)

3  Division of sections/chapters:Clear/unambiguous language  Headings: Preamble of a particular section  Marginal notes(Draftman’s insertion)  Not Supposed to be used for construction when it is found misleading (ILR 26 ALL 393)

4  Punctuation: No role in construction  It is a very minor element and has very little attention(AIR 1929 PC 69)  Illustrations:Relevant in undrstaiding the words employed in sections  Definition clause: It helps to avoid repetition of ordinary meaning of words  MEANS/INCLUDES(illustrative):39 DLR 59

5  Proviso:a cluse added to an Act to qualify or to ceate an exception to what is in the law(provided that/notwithstanding)  Explanation: to explain a meaning of the words used in section  Schedule:appended to an Act towards the end and it forms the part of the law(inclusion/exclusion)

6  Articles  Transitional provisions(operate in the facts/circumstatances)  Dear Folks,,,,Dont miss to have a deep insight from the text book of Mahmudul Islam..with case laws!!!!!

7  Dictionaries:Same meaning?  Clear meaning?  Text books:Courts are not obliged to take the view of authors  Practice:The past practice followed by judiciary/adminstration?

8  Foriegn decisions: Frequently used and cited in Bangladesh.(context/social needs/social values????)  Parliamentary history: No reference in construction  Bill:debates(personal views)

9  Historical facts and surrounding circumstances:permissible  Subsequent social, polticl and economic developments  References to other statutes  Later statutes:not conclusive and binding authority  Earlier statutes: not relevant  Stare decisis:Higher court deceision must be followed


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