Literal rule of Interpretation

Literal rule of Interpretation
Literal rule of interpretation is the primary rule. Under this rule of interpretation the Courts interpret the statutes in a literal and ordinary sense. They interpret the words of the statute in a way that is used commonly by all. It is incumbent on the court to use the grammatical meaning
CASE
Tej Kiran Jain v. N. Sanjiva Reddy

Arguments-
Respondents
Respondents argued that members of Parliament were immune to proceedings in Parliament, including anything said in Parliament by virtue of Article 105 and therefore no proceedings could lie in any court and therefore, the appeal be kindly dismissed.
Appellants
Mr. Lekhi, arguing for appellants submitted that Article 212 of the Constitution pointed out that the immunity under the Article was against an alleged irregularity of procedure but not against an illegality, and contended that the same principle should be applied here to determine whether what was said was outside the discussion on a Calling Attention Motion.
Observations-
 Literal Rule of Interpretation- The court observed that the article in question,
 Interpretation of scope of Article 105-

 Interpretation of limitation of Article 105

Conclusion-
The Court concluded that courts are concerned only with the speeches in Parliament, anything said during the course of that business was immune from proceedings in any Court this immunity is not only complete but is as it should be. It is of the essence of parliamentary system of Government that people‘s representatives should be free to express themselves without fear of legal consequences. What they say is only subject to the discipline of the rules of Parliament, the good sense of the members and the control of proceedings by the Speaker. The Court further concluded that in view of the clear provisions of the Constitution, the courts are not required to act on analogies of other legislative bodies. Hence, the appeal was dismissed.
jugal Kishore vs raw cotton co
ISSUES
 The Principal question urged before us is as to whether the respondent company can claim to be the transferees of the decree within the meaning of O. 21, R. 16, Civil P. C.
Order 21, R. 16, Civil P. C., omitting the local amendments which are not material for our present purpose, provides
JUDGEMENT
 Transfer of property states that it is an act by which a property is coveyed by a living person to another, and that property shall be present and existing. But in above case, the Supreme Court lays down that the property shall be present or in future but cannot be in words. It has to be existing. If not exiting then the performance of such is not valid.
 It also stated that, in a contract to transfer the property which is not existing at the date then the transferee may when property comes into existence can be performed. The transfer of title is bought about not by prior agreement for transfer but by such subsequent deed.
CONCLUSION
That the words “by operation of law” cannot be invoked so as to make an assignment operative to transfer the decree and the right under it which would upon the true construction of its terms, otherwise, be inoperative in that regard; and that although in certain cases principles of equity may be relied on, e.g., in the case of a transfer 1398 by trustees and a beneficiary, such principles cannot be considered as rendering a transfer valid “by operation of law”

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Raghav jagga

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