Download or read book On the Interpretation of Indian Statutes Based on Indian Case Law written by Aughore Nath Ghose and published by . This book was released on 1904 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On the Interpretation of Indian Statutes Based on Indian Case Law written by and published by . This book was released on 1904 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Interpretation of Indian Statutes written by Kalindi Prasad and published by . This book was released on 1905 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpretation Of Statutes written by Kafaltiya A.B. and published by Universal Law Publishing. This book was released on 2008 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Interpretation of Indian Statutes written by Kalindi Prasad and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Interpretation of Statutes and General Clauses Acts central and States with Words and Phrases written by Narotam Singh Bindra and published by . This book was released on 1961 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Indian Law written by Matthew L. M. Fletcher and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
Download or read book The Interpretation of Indian Statutes written by Jagadish Swarup and published by . This book was released on 1952 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Download or read book Interpretation of Indian Statutes and of the Government of India Act 1935 written by P. Narasimham and published by . This book was released on 1940 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book The Common Law in India written by Motilal Chimanlal Setalvad and published by . This book was released on 1970 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpreting Indian Country in State of Alaska V Native Village of Venetie written by Kristen A. Carpenter and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian law jurisprudence, produces uncertainty among affected individuals and communities, and weakens the relationship between the federal government and Indian tribes. The federal courts of appeal have split on the question of whether Chevron deference trumps the Indian canons. The Supreme Court has avoided opportunities, including the recent case of State of Alaska v. Native Village of Venetie to resolve the issue. In Venetie the Court considered whether land owned in fee simple by Alaska Native tribes, pursuant to the Alaska Native Claims Settlement Act (ANCSA), constituted Indian Country. If the tribal lands were Indian Country, the tribe would retain its authority to tax non-Indians doing business there. ANCSA itself did not describe whether such lands were Indian Country; the tribe urged the Court to interpret this silence as leaving tribal jurisdiction intact while the State argued the opposite. The State cited a Department of the Interior Solicitor's Opinion expressing the view ANCSA had abrogated Indian Country. Thus the case involved both an ambiguous statute affecting Indians and an agency interpretation contrary to Indian interests and thereby presented the question of whether the Indian canons trump Chevron deference. The Supreme Court, however, did not answer, or even discuss, this question when it held the ANCSA had generally extinguished Indian Country in Alaska, including in the Native Village of Venetie. Examining the problem under three jurisprudential frameworks, this Article argues the Court should have rejected the Solicitor's Opinion on Indian Country's existence in Alaska, if it had reached the issue. First, as a matter of administrative law, the Solicitor's Opinion was an unauthorized, unpublished and informal agency interpretation. The Opinion, therefore, lacked the weight of law and could and was not binding on the courts: it had no claim to Chevron deference. Second, as a matter of federal Indian law, because the ANCSA is a statute enacted for the benefit of Indians and contains ambiguous language, courts must interpret it with the aid of the Indian canons. Under the Indian canons, Congressional silence could not have extinguished Indian Country, and the Solicitor's belief to the contrary was incorrect. Third, as a matter of indigenous Indian law, indigenous peoples must be meaning fully involved in lawmaking affecting them. Because the Solicitor's Opinion deeply affected Alaska Natives but failed to incorporate Alaska Native interpretations of Indian Country under ANCSA, it violated indigenous Indian law, and should not have informed the Court's decision.
Download or read book American Indian Law written by Robert N. Clinton and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Early California Laws and Policies Related to California Indians written by Kimberly Johnston-Dodds and published by California Research Bureau. This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
Download or read book Legal Reasoning in Equality Interpretation An Analysis of the Indian Constitution written by Harshit Rai and published by . This book was released on 2019-08-21 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Philosophy, History and Sociology of Law, Symbiosis International University, language: English, abstract: The Following research paper deals with the Equality Interpretation in the Indian Constitution (including Constituent Assembly debates) with regard to Gender Justice and Feminism. By employing doctrinal research marked by chronological case analysis along with deductive type of reasoning it seeks to analyse the notion of Equality within the Indian Constitution and its interaction with feminist literature. It further analyses the interpretation of the courts with regard to Equality provisions within the Constitution and whether these interpretations advance Gender Justice. It finally deals with the Interaction of Indian scenario with CEDAW and enlists the findings that arise after all the aforementioned analysis. The meaning of equality in law nearly everywhere descends in a direct line from Aristotle's dictum that equality means treating likes alike, unlikes unalike. This notion of Equality has been enshrined in nearly all constitutions in the world. 14th Amendment of the U.S Constitution provides the guarantee of Equality. The Equal Protection clause of the Fourteenth Amendment is one of the most litigated sections of the American Constitution. US Supreme Court has developed a three-tier analysis approach. Under this system, with a challenged classification, the government has to show that this classification serves a compelling state interest and that the legislation is necessary to serve the interest.
Download or read book Taxmann s Interpretation of Taxing Statutes written by K. N. Chaturvedi and published by . This book was released on 2008 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taxation laws are statutory and their interpretation is the function of the courts. The 'Interpretation' covers not merely the general approach to the problem but also the question of what materials (written or other) outside the statute itself may legitimately be used for the purpose of ascertaining the intent of the legislature. The book encompasses the history of taxation system of India both at the level of the Centre and States. It also covers: * The Constitutional Scheme relating to Taxation in India. * The Law-making process and the relevance of the reports of the Law Commission of India and the reports of the committees in the Interpretation of Tax Laws. * Structure of an Act and its parts and the relevance of parts of the Act in the Interpretation of tax laws. * Different approaches to the interpretation of tax laws evolved developed and refined by the courts in U.K., Canada, Australia, USA and India. * Subsidiary aids to Interpretation as developed and applied in common law jurisdiction. * Tax Evasion, Tax Avoidance and Tax Mitigation.
