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The Senior Electric Inspectorand ... vs Laxmi Narayan Chopra And Others on 16 August, 1961
Tips Industries Ltd vs Wynk Ltd. And Anr on 23 April, 2019
Shri Mahila Griha Udyog Lijjat Papad vs Arunaben Arvindbhai Chaudhary on 12 February, 2020
"The legal position may be summarized thus : The maxim
contemporanea expositio as laid down by Coke was applied
to construing ancient statutes but not to interpreting Acts
which are comparatively modern. There is a good reason for
this change in the mode of interpretation. The fundamental
rule of construction is the same whether the Court is asked
to construe a provision of an ancient statute or that of a
modem one, namely, what is the expressed intention of the
Legislature. It is perhaps difficult to attribute to a
legislative body functioning in a static society that its
intention was couched in terms of considerable breadth so
as to take within its sweep the future developments
comprehended by the phraseology used.. It is more
reasonable to confine its intention only to the circumstances
obtaining at the time the law was made. But in a modern
progressive society it would be unreasonable to confine the
intention of a Legislature to the meaning attributable to the
word used at the time the law was made, for a modern
Legislature making laws to govern a society which is fast
moving must be presumed to be aware of an enlarged
meaning the same concept might attract with the march of
time and with the revolutionary changes brought about in
social, economic, political and scientific and other fields of
human activity. Indeed, unless a contrary intention
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C/SCA/19618/2019 JUDGMENT
appears, an interpretation should be given to the words used
to take in new facts and situations, if the words are capable
of comprehending them."
Md. Enamul Hasan vs The Union Of India on 22 December, 2020
The maxim contemporanea expositio as laid
down by Coke was applied to construing
ancient statutes but not to interpreting Acts
which are comparatively modern. There is a
good reason for this change in the mode of
interpretation. The fundamental rule of
construction is the same whether the Court is
asked to construe a provision of an ancient
statute or that of a modern one, namely, what is
the expressed intention of the Legislature. It is
perhaps difficult to attribute to a legislative
body functioning in a static society that its
intention was couched in terms of considerable
breadth so as to take within its sweep the future
developments comprehended by the
phraseology used. It is more reasonable to
confine its intention only to the circumstances
obtaining at the time the law was made. But in a
modern progressive society it would be
unreasonable to confine the intention of a
Legislature to the meaning attributable to the
word used at the time the law was made, for a
modern Legislature making laws to govern a
society which is fast moving must be presumed
to be aware of an enlarged meaning the same
concept might attract with the march of time
and with the revolutionary changes brought
Patna High Court CR. WJC No.367 of 2020 dt.22-12-2020
60/68
about in social, economic, political and
scientific and other fields of human activity.
Indeed, unless a contrary intention appears, an
interpretation should be given to the words used
to take in new facts and situations, if the words
are capable of comprehending them."
Md. Rizwan Alam (Secretary Jama Masjid ... vs The State Of Bihar on 18 December, 2020
The maxim contemporanea expositio as laid
down by Coke was applied to construing
ancient statutes but not to interpreting Acts
which are comparatively modern. There is a
good reason for this change in the mode of
interpretation. The fundamental rule of
construction is the same whether the Court is
asked to construe a provision of an ancient
statute or that of a modern one, namely, what is
the expressed intention of the Legislature. It is
perhaps difficult to attribute to a legislative
body functioning in a static society that its
intention was couched in terms of considerable
breadth so as to take within its sweep the future
developments comprehended by the
phraseology used. It is more reasonable to
confine its intention only to the circumstances
obtaining at the time the law was made. But in a
modern progressive society it would be
unreasonable to confine the intention of a
Legislature to the meaning attributable to the
word used at the time the law was made, for a
modern Legislature making laws to govern a
society which is fast moving must be presumed
to be aware of an enlarged meaning the same
concept might attract with the march of time
and with the revolutionary changes brought
Patna High Court CR. WJC No.367 of 2020 dt.22-12-2020
60/68
about in social, economic, political and
scientific and other fields of human activity.
Indeed, unless a contrary intention appears, an
interpretation should be given to the words used
to take in new facts and situations, if the words
are capable of comprehending them."
Pepsico India Holding P.Ltd. vs Grocery Markets & Shops Board . on 12 February, 2016
27. That the expression “grocery” in 2005, when the Act was
sought to be applied to the appellant company, would include
soft drinks manufactured by the appellant company and bottled
water as daily household goods among the middle class and
rich sections of society, was not seriously contested by Shri
Giri. The argument that we should find the meaning of the
expression “grocery” on the date on which the Act was
extended to the area in which the appellant company’s factory
was situate is fallacious in law. This Court in The Senior
Electric Inspector and others v. Laxmi Narayan Chopra and
others, 1962 (3) S.C.R. 146, when confronted with a similar
argument to that made by Shri Giri, repelled the said argument
in the following terms:
All Kerala Online Lottery Dealers Ass. vs State Of Kerala . on 5 November, 2015
“The legal position may be summarized thus:-The maxim
contemporanea expositio as laid down by Coke was applied to
construing ancient statutes but not to interpreting Acts which are
comparatively modern. There is a good reason for this change in the
mode of interpretation. The fundamental rule of construction is the
same whether the court is asked to construe a provision of an
ancient statute or that of a modern one, namely, what is the
expressed intention of the Legislature. It is perhaps difficult to
attribute to a legislative body functioning in astatic society that its
intention was couched in terms of considerable breadth so as to take
within its sweep the future development comprehended by the
phraseology used. It is more reasonable to confine its intention only
to the circumstances obtaining at the time the law was made. But in
a modern progressive society it would be unreasonable to confine the
intention of a Legislature to the meaning attributable to the modern
Legislature to the meaning attributable to the modern Legislature
making laws to govern a society which is fast moving must be
presumed to be aware of an enlarged meaning the same concept
might attract with the march of time and with the revolutionary
changes brought about in social, economic, political and scientific
and other field of human activity. Indeed, unless a contrary
intention appears, an interpretation should be given to the words
used to take in new facts and situations, if the words are capable of
comprehending them.”
Jindal Strips Ltd. vs Collector Of Customs on 30 May, 1997
9.3 Apex Court in case of J.K. Cotton Spinning & Weaving Mills v. UOI -AIR 1988 SC 191 - relied upon the case of Senior Electrical Inspector (supra) in holding that maxim Contemporanea expositio is applicable to ancient statutes and not the modern statutes.
I.T.C. Ltd. And Anr. vs Union Of India (Uoi) And Ors. on 24 December, 1987
21. Mr. A. K. Ganguly the learned Counsel appearing on behalf of the revenue submitted that the principle of contemporaneous exposition in an extraordinary aid to the interpretation of only ancient statute and which has no application to interpretation of modern statute and in support of this contention reliance was placed on behalf of the revenue, on the decision of the Supreme Court of India in (a) Senior Electric Inspectors v. Laxminarayan Chopra, ; (b) Raja Ram Jaiswal v. State of Bihar, and also upon the decision in the case of Governors of the Campbell College, Belfast v. Commr. of Valuation of Northern Ireland, reported in (1964) 2 All ER 705 at p. 725 and also relied on certain passages from some other text books corpus juris secondum. In those cases it was held that the principle of contemporaneous exposition applied only to the interpretation of ancient statute and not to the enactment which are comparatively modern. It was further submitted that this principle had no application to the interpretation of an exemption notification since until seizure of documents from various parts of India, it was not known to the revenue that the retail price of cigarette was different from the printed price on the packages. In other words, it was not known to the assessing authority concerned that the petitioner deliberately printed a lower price as retail sale price of the cigarette for the purpose of deliberately paying a lower duty for getting maximum benefit under the exemption notification.
Mohd. Ataur Rahman vs State Of Bihar And Ors. on 19 December, 1988
Apart from that, as observed by Subba Rao, J., upon a review of all the decisions on the Joint, in an earlier decision of this Court in the Senior Electric Inspector v. Laxmi Narayan Chopra , the maxim contemporance expositio laid down by coke was applied in construing ancient statutes but not to interpreting Acts which are comparatively modern. Further, it has been observed that in a modern progressive society it would be unreasonable to confine the intention of a Legislature to the meaning attributable to the word used at the time the law was made and unless a contrary intention appears, an interpretation should be given to the words used to take in new facts and situations, if the words are capable of comprehending them.