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1846 (12) TMI 1 - Other - Indian Laws

Issues: Interpretation of statutory language and legislative intent

The judgment delivered by Brougham, J. of the Privy Council pertained to the interpretation of statutory language and legislative intent. The main issue revolved around whether the Court of Bombay's judgment could stand based on the construction of the Act. The judges emphasized that the interpretation of the Act should solely rely on the words used in the statute without attempting to guess the legislature's intention or supplementing unclear phrasing. They highlighted that judges should not invent meanings not present in the text but should interpret the words as given by the legislature. The judges emphasized that the context of the words and the preamble should guide the interpretation, and if a different meaning was intended, a new Act should clarify it. The judgment focused on the significance of the specific words used in the Act and how they should be understood within the context provided. The judges concluded that the Court of Bombay's judgment could not stand as it was based on a flawed interpretation of the statutory language. They reversed the lower court's decision and ruled in favor of the Plaintiff with nominal damages.

 

 

 

 

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