What is the difference between proviso and explanation?

Proviso: It is a term which states a condition or exception to the section being read. It must be read with the main rule/setion. Explanation: For the purpose of proper understanding a section is defined so as to give a more proper interpretation to the reader.

What is the difference between exception exception and Proviso Clause discuss the rules as to their interpretation?

These specific examples are given to such cases where general words require special meaning for it. ‘Exception’ is intended to restrain the enacting clause to particular cases. ‘Proviso’ is used to remove the special cases of the general enactment and give them special recognition.

What does proviso mean in law?

noun. 1. A clause, as in a document or statute, making some condition or stipulation. noun. A condition or limitation that may determine the applicability of a document to certain conditions or persons.

What is the proper function of a proviso?

The proper function of a proviso is to except and to deal with a case which would otherwise fall within the general language of the main enactment and its effect is confined to that case. It is a qualification of the preceding enactment which is expressed in terms too general to be quite accurate.

Why a proviso is inserted in any section?

Its function is to carve out an exception or exclusion to the main provision which otherwise would have been in the main section. It is important that a proviso must be construed harmoniously with the main statute so as to give effect to the legislative objective.

What is Ejusdem generis?

Ejusdem generis is latin for “of the same kind.” When a law lists lists classes of persons or things, this concept is used to clarify such a list.

What is cardinal rule of interpretation?

The Primary Rule: Literal Interpretation. In construing Statutes, the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the Plain meaning rule.

What is sententia legis in interpretation of statutes?

The maxim Sententia legis or mens means that the essence of the law lies in the spirit, and not in its letter, the letters are just the way to express the intentions of the law makers. The words are the external manifestation of intention that it involves.

What does exception mean in law?

exception. n. 1) a formal objection during trial (“We take exception, or simply, “exception”)” to the ruling of a judge on any matter, including rulings on objections to evidence, to show to a higher court that the lawyer did not agree with the ruling.

How do you identify proviso?

A proviso is a clause which is added to the statute to accept something from enacting clause or to limit its applicability. As such, the function of a proviso is to qualify something or to exclude, something from what is provided in the enactment which, but for proviso, would be within the purview of enactment.

How do you read proviso?

The proviso qualifies the generality of the main section or clause by inserting an exception and take out as it was, from the main clause, a part of it which, but for the proviso would fall within the main clause. It is a foreign text to the main text of the clause or section.

What is the difference between proviso and caveat?

As nouns the difference between proviso and caveat is that proviso is a conditional provision to an agreement while caveat is a warning.

What is the difference between a proviso and an explanation?

Authored dozens of articles on legal issues. Proviso is used to remove special cases from the general enactment and provide for them especially. Explanation is intended to restrain the enacting clause to particular cases. 8 clever moves when you have $1,000 in the bank.

How does proviso work as a defense?

In pleadings of criminal cases, proviso works as a defense. 7. A proviso is co-extensive with the enacting clause, and also repugnant, it repeals the foregoing enactment. 1. An exception is intended to restrain the enacting clause to particular cases. 2. It is a part of the enacting clause.

What is a proviso clause in a statute?

A proviso clause in a statute excepts something from statutory requirements, qualifies the statute, or excludes some potential area of misinterpretation. West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.

What is the difference between section and provision?

Provision has the wider meaning. Provision means there is something provided in particular Act or Statute. The important term is “Section”. Now “Section” has also sub categories. First comes “Section” then “Sub Section” then “Clause” and then “Sub Clause”.