Legal Reference Library

The Supreme Court in Cheviti Venkanna Yadav vs. State of Telangana and Ors, has upheld the constitutional validity of sub-section (3) of Section 5 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015. Section 5 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, whereby the term of the market committee was reduced from three years to one year by giving retrospective effect in the Amendment Act, was under challenge before the Andhra Pradesh High Court. Aggrieved by the decision of division bench of the high court which had upheld the provisions, an appeal was preferred before the apex court. The court observed that after the legislature came into existence, it has the competence to enact any law retrospectively or prospectively within the constitutional parameters (M/s. Rattan Lal and Co. and another etc. v. The Assessing Authority, Patiala and another). The bench also added that the legislature has the power to enac...

it will be useful to notice some rules of interpretation of statutes, one of which is the rule of contextual interpretation. This rule requires that the court should examine every word of a statute in its context. In doing so, the Court has to keep in view preamble of the statute, other provisions thereof, pari materia statutes, if any, and the mischief intended to be remedied. Context often provides the key to the meaning of the word and the sense it carries. Its setting gives colour to it and provides a cue to the intention of the legislature in using it. 1) A.P. State Financial Corporation v. Official Liquidator [(2000) 7 SCC 291] 2) Allahabad Bank v. Canara Bank and another [(2000) 4 SCC 406] 3) Thane Janata Sahakari Bank Ltd. vs. The Commissioner of Sales Tax & others, C.A. No.2811/2006 4) State of West Bengal v. Kesoram Industries Ltd. and others [(2004) 10 SCC 201] 5) Govt. of A.P. and anr. v. J.B. Educational Society and anr. [(2005) 3 SCC 212] 6) Zave...