mischief rule वाक्य
उदाहरण वाक्य
मोबाइल
- The mischief rule is the most flexible of the interpretation methods.
- Australian courts have departed from the traditional approach of interpreting statutes ( the golden rule, and the mischief rule ).
- The judge applied the mischief rule to come to the conclusion that they were guilty as the intention of the Act was to cover the mischief of harassment from prostitutes.
- In applying the Mischief Rule the court is essentially asking what part of the law did the law not cover, but was meant to be rectified by the parliament in passing the bill.
- Purposive interpretation is a derivation of mischief rule set in " Heydon's Case ", and intended to replace the mischief rule, the plain meaning rule and the golden rule.
- Purposive interpretation is a derivation of mischief rule set in " Heydon's Case ", and intended to replace the mischief rule, the plain meaning rule and the golden rule.
- The court applied the mischief rule holding that the activities of the defendant was within the mischief of the Act, and soliciting from within a house, is soliciting and molesting of the public.
- Although it points to a kind of middle ground between the plain meaning ( or literal ) rule and the mischief rule, the golden rule is not, in a strict sense, a compromise between them.
- The Mischief Rule is of narrower application than the golden rule or the plain meaning rule, in that it can only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a defect in the common law.
- The way in which the mischief rule can produce more sensible outcomes than those that would result if the literal rule were applied is illustrated by the ruling in " Smith v Hughes " [ 1960 ] 2 All E . R . 859 . Under the " Street Offences Act " [ 1959 ], it was a crime for prostitutes to " loiter or solicit in the street for the purposes of prostitution ".
- Sanjay Dalia and another-- Copyright Act [ 14 of 1957 ], Section 62 Trade Marks Act [ 47 of 1999 ], Section 134 Civil Procedure Code Section 20 Suit for infringement of Copyright of Trade Mark Place of suing Place where plaintiff resides or carries on business or works for gain Is an additional forum made available to plaintiff by Section 62 of 1957 Act and Section 134 of 1999 Act Applicability of Section 20 of Civil Procedure Code is not completely ousted thereby If cause of action has arisen wholly or in part in place where plaintiff resides or is doing business suit has to be filed at such place Plaintiff cannot drag defendant to far off place under guise that he carries business there also .---Interpretation of statutes Mischief Rule Construction that suppresses even counter mischief has to be adopted . Interpretation of statutes words notwithstanding anything contained in any other law do not always completely exclude applicability of other law .---- Words and phrases " Notwithstanding anything contained---being in force " Do not necessarily exclude applicability of other law.
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