Interpretation of Statute
A statue has to be interpreted taking consideration of 'intention' 'object' and 'policy' of the enactment as a whole. BCSIR vs GRM Astaq Mohal Khan (Civil) 75 DLR (AD) 210
-Where there is an ambiguity in law, both statute and non-statute law (customary law), this Court can and is required to clear the ambiguity in order to bring uniformity into the law by way of interpretation. Such interpretations are more required for non-statute/customary laws like personal laws, as in the instant case, which stem from different sources very ancient, which were reduced into written form over centuries after they actually came into being, which took their present shape through widely divergent opinion of various religious legal experts, and which are still composed of divergent views. Shishubar Dhali vs Chitia Ranjan Mondol (Civil) 75 DLR (AD) 125
The rule of literal construction requires the Court to construe a provision of a statute according to the ordinary and natural meaning of the language used by the Legislature as the language so applied best declares the intention of the Legislature and recourse to any other principle of interpretation is unnecessary. Foyez Ahmed vs State, 64 DLR 257 -When there is conflict between the parent Law and Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purposes of construction and obligation. Anti- Corruption Commission vs Md Bayazid, 65 DLR (AD) 97 -Question of validity of subordinate legislation depends on the vires of the Rules made by the Rule making authority under powers conferred by the enabling statute. If the authority in making the Rules transcends its powers, the Rule will be invalid for, statutory Rules made in exercise of the delegated authority are valid and binding only if made within the limits of the authority conferred. ACC vs Md Bayazid, 65 DLR (AD) 97
