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INTERPRETATION OF STATUTES


— Beneficial legislation — Scope — Social welfare and beneficial statutes must be construed liberally so as to advance the remedy and suppress the mischief sought to be remedied — The Courts are, therefore, under a constitutional and legal duty to adopt a purposive, pragmatic, and equitable interpretation which safeguards the rights and legitimate expectations of the individuals for whose benefit the statute has been enacted — In appropriate cases, the interpretative role of the Court becomes essential to prevent irreparable loss, undue hardship, and injustice that may otherwise ensue from a rigid, literal, or technical application of the law. [2026 CJ Review 3]
— Schedule attached to the statute — Scope — A schedule forms an integral part of a statute and falls squarely within the ambit of its provisions — A schedule operates as an extension of the section that introduces or attracts it — Ordinarily, material is placed in a schedule because it is too detailed, elaborate, or lengthy, which cannot be conveniently incorporated within the body of a section — Nevertheless, such placement does not diminish its legal force or binding effect, which remains coextensive with the substantive provisions of the statute. [2026 CJ Review 3]
— Every provision of a statute must be given full meaning and effect, and none should be treated as surplusage or rendered nugatory — The maxim ut res magis valeat quam pereat mandates that a construction be adopted that gives efficacy to the statute rather than having it fail. [2026 CJ Review 3]
— Fiscal statute — Scope — Tax and equity are strangers. [2023 SCLR 58 = 2023 SCMR 2052 = 2023 SCP 258]
— When meaning of a statute is clear and plain language of statute requires no other interpretation then intention of Legislature conveyed through such language has to be given full effect — Plain words must be expounded in their natural and ordinary sense — Intention of the Legislature is primarily to be gathered from language used and attention has to be paid to what has been said and not to that what has not been said. [2023 SCLR 65 = 2023 SCMR 2096 = 2023 SCP 272]
— It is emphatically the province and duty of the judiciary to say what the law is — This duty applies in relation to both statutory and (with even greater force) constitutional provisions. [2023 SCLR 74 = 2023 SCMR 2165 = 2023 SCP 211]
— In constructing and interpreting statutes, the Court has first to look at the language of the law and interpret the same in accordance with the ordinary meaning and usage of the words — The context in which the words have been used by the legislature as is evident from the language of the provisions itself can also be considered without adding to or subtracting anything from the same — In case of lack of clarity, as a second step, the Court may look for the intent and purpose of the Lawmaker in using a particular language and words as is evident from the language of the statute. [PLR 2024 SC 3 = PLD 2024 SC 54 = 2023 SCP 315]
— Validating clause — Scope — Validating clauses are in a sense a special type of deeming clauses — They are enacted when, usually, a Court has given judgment that an act (e.g., the levy of a tax or fee) is unconstitutional or illegal — If at all the defect can be cured, then appropriate legislation is passed, which also has a validating clause making it retrospectively applicable. [2023 SCLR 31 = 2023 SCMR 1732]
— In interpretations the context must always be looked to. [2024 CLS 4 = 2024 CLC 37]
— Statute cannot go beyond the legislative intent when there is no absurdity in the language of statute. [2024 CLS 25 = 2024 CLC 125]
— When anything has not been defined by the Legislature in the statute, court has to look in to the ordinary dictionary meaning of the words. [2024 CLS 25 = 2024 CLC 125]
— Mandatory and directory provisions — Scope — Non-compliance of directory provisions might not invalidate an act but as it provides legislative process based on public interest, transparency and good governance, its substantial compliance is necessary. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]
— Mandatory and directory provisions — Scope — Mandatory enactments require strict compliance — An action or thing in non-adherence of the mandatory enactments is invalid — A provision of law when is determined as directory, its substantial compliance is obligatory — When needed in the interest of justice the minor deviations from directory laws can be overlooked provided that there is substantial compliance — It is duty of the Courts to attend the scheme of statute and then to carefully examine the concerned provisions to reach the intent of legislature and to give effect to the same. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]
— Any interpretation of a statutory provision which renders it redundant or essentially deadweight is to be avoided. [2025 SCLR 2 = 2025 SCMR 20 = 2024 SCR 381]