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Internal and External aid to Contructions

Internal and External aid to Contructions. Internal. 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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Internal and External aid to Contructions

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  1. Internal and External aid to Contructions

  2. Internal.... 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 Powell v Kempton Park Racecorse Co 1897 2 QB 242(Repealed preameble is still relevant to the construction of the unrepealed operative part of the Act)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. External..... 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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