CA Discussion ForumCategory: CA Interinterpretation of statues.
varun asked 3 years ago

is the heydons rule and beneficial construction the same ?

Preeti maam-Admin Staff replied 3 years ago

Yes they are the same

Preeti maam-Admin Staff replied 3 years ago

As per rules of interpretation
Rule of beneficial construction or the Heydon’s Rule
Where the language used in a statute is capable of more than one interpretation, the principle laid down in the Heydon’s case shall apply.
The rule which is also known as ‘purposive construction’ or ‘mischief rule’ which has been introduced to avoid misinterpretation of statutes.
The rule directs that the courts must adopt that construction which shall suppress (reduce) the mischief and advance remedy.
The rule in Heydon’s case is applicable only when the words used are ambiguous and are reasonably capable of more than one meaning.
Say for example, the term ‘prize competition’ is defined as any competition in which prizes are offered for the solution of any puzzle based upon the building up arrangement, combination or permutation of letters, words or figures. The issue is whether Act applies to competitions which involve substantial skill and are not in the nature of gambling. Considering the possibility of mischief, courts are of the opinion that the competitions in which success does not depend on any substantial degree of skill ought to be controlled and regulated by the Act.