What is the meaning of proviso in interpretation of statutes?
What is the meaning of proviso in interpretation of statutes?
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.
What is proviso with example?
A proviso is a condition in an agreement. You agree to do something if this condition is fulfilled. I told Norman I would invest in his venture as long as he agreed to one proviso. Okay, with the proviso that Jane agrees, I accept.
Is proviso short for provision?
A condition, stipulation, or limitation inserted in a document. A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided.
What does exception mean in law?
In contracts, statutes, and deeds,an exception is a statement that something is not included, as in “Landlord rents to Tenant the first floor, with the exception of the storage room.” To “take exception” to a judge’s ruling, is a way a lawyer might tell a judge that they disagree.
What is the proper function of 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.
What is the difference between proviso and exception?
A proviso represents a clause added to the statute to except something from the enacting clause or to limit its applicability. An exception excludes from the operation of the enactment a particular subject matter.
How do you use proviso in a sentence?
A proviso is a condition in an agreement. You agree to do something if this condition is fulfilled. I told Norman I would invest in his venture as long as he agreed to one proviso.
What is an exception clause?
Exception Clause definition The Exception Clause refers to a provision of the American Constitution allowing Congress to limit the appellate powers granted to the US Supreme Court. In essence, Congress can “take away” appellate jurisdiction from the Supreme Court if it believes it is the right thing to do.
What does quid pro quo mean in legal terms?
something for something
Latin for “something for something.” An exchange of acts or things of approximately equal value.
What’s the difference between exception and exemption?
An exception is when a certain situation is somehow different than the normal rule. An exemption is a case when some rule doesn’t apply at all.
What are statutory exceptions?
Statutory Exception(s) means various exceptions under the Copyright Act that permit certain things to be done by educational institutions, or persons acting under the authority of an educational institution, that would otherwise infringe copyright. These include, without limitation, the Fair Dealing Exception.
Which of the following case is related to interpretation of proviso?
Hon’ble Supreme Court in the case of Commissioner of Commercial Taxes Vs. R.S. Jhaver (1967 (8) TMI 37 – SUPREME Court) has observed that in exceptional circumstances a proviso may not really be a proviso in the accepted sense but may be a substantive provision itself. In ‘Hindustan Ideal Insurance Co.