Answer
The given phrase is the English translated version of
the maxim: “Contemporanea Expositio est Optima et fortissimo in lege”.
Please join our Telegram or WhatsApp group and
never miss a single update.
Origin
Latin.
Brief Explanation
This maxim states that the best way to construe a provision
of Law is to read it as would be read, when it was made. It implies that while
interpreting any law, the judges should take the prevailing circumstances into
the consideration. They should observe not only the “What the law is? But also
“Why that particular Law was enacted? What were the prevailing circumstances at
that time?”.
The maxim is based on the principle given by the Salmond:
“the essence of a law lies in its spirit but not in its letter.”
Important Cases
1. JK
Cotton Spinning and Weaving Mills Ltd and another v Union of India and Others (AIR
1988 SC 191):
In this case, some provisions of the central excise rules
were in contention. The appellants had pleaded for interpreting the said
provisions in the light of the mentioned rule, i.e. contemporanea exposito.
Moreover, they have sighted the previous judgement of the Supreme Court
supporting their contention, which was rendered in the case of KP Varghese v
the Income tax officer, Ernakulam.
While rejecting all the arguments, the court observed that in
the relied case, there was ambiguity and a word was capable of two construction
hence the maxim contempranea expositio was applied. But in this case, there is
no as such ambiguity in and hence the maxim cannot be imported.
2. National
Textile Corporation, New Delhi and another v Swadeshi Mining and manufacturing
Co Ltd, Lucknow and others (AIR 1988 SC 782):
In this case, the Supreme Court held that
this maxim should only be use while interpreting old statutes, but not the
modern one.
Also Read: Classification
of Statute, A Detailed Study
Hello readers!
Hope you are all having a good time here. We
are trying our best to keep you updated with available paid internship
opportunities, our thoughtfully curated question-answer
series for aspirants of judiciary as well as other competitive exams, the latest
legal developments and much more like this.
But here's the thing: we can't do it alone. We
need YOUR support to expand our endeavors, to create incentive based internship
opportunities for our community members, to bring more eminent scholars on the
board, and foster fruitful collaborations.
Here's how you can contribute:
1. Become
A Campus Leader At In Light Of Law: Gain Experience, Develop Skills, and Make a
Difference all by working just 20-30 minutes per week, Click Here to Know More.
2.
Share Your Knowledge: Publish Your Work
With Us - Help us grow by sharing your insights and knowledge with our
community. Click here to know more.
3. Financial
Support: You can also support us with any amount you are comfortable with.
Click here to make a direct payment with your Installed
UPI app or use UPI ID:
7297911597ss@paytm for manual transfers.
Every contribution toward a goal is valuable, regardless
of how small it may be. Thank You.
Note: the content available on this
site will remain always free.
Read important descriptive questions
on Constitutional and Contract Law, Click
here.
Read Paid internship related posts, Click
here.
0 Comments