Utres Valet Potior Quam Pereat in interpretation : Legal Maxim

Utres Valet Potior Quam Pereat in interpretation : Legal Maxim

In this article the meaning of the magazine is defined along with introduction , definition , application in the Indian legal system and conclusion..

Introduction 

The magazine "Ut res magis valeat Quam pareat" is an important principle of interpretation of statute which means : "it is better for a thing to have effect then to be made void."institute should be interpreted to make it affect and operative rather than become white.

Meaning of : Ut res magis valeat Quam pareat in interpretation of statute

 The magazine Ut res magis valeat Quam pareat

Means "it may rather become operative then null". 

That means while interpreting any provision or part of any statute the code should not lean towards a construction that render any prohibition or the statute right hence the court should always try to use those principles that will keep the statute in effect.

Definition of the Maxim : Ut res magis valeat Quam pareat

• This maxim has been explained in Maxwell's interpretation of statute thus: "notwithstanding The general rule that the full effect must be given to every word , yet Eve no sensible meaning can be given to a word or phrase, or if it would defeat the real object of the enactment , eat me or rather it should be eliminated. The words of a statute must be construed so as to give a sensible meaning to them if possible they ought to be construed Ut res magis valeat Quam pareat".                                                       
• According to farwell j - 'Ut res magis valeat Quam pareat is an important principle of interpretation of statute which literally means : " eat me rather become operative then null". 

What are the bases of the Maxim :  Ut res magis valeat Quam pareat

Main basis of this magazine are :

1. A statute cannot be declared for it for a sheet vagueness.
2. The court should always try to make the law enforce.
3. While interpreting a statute the code should take those principles that keep the law in effect rather than make it void.

Ut res magis valeat Quam pareat in Indian legal system.

In meaning judicial decisions the judges of the supreme court or high court of India has explained the meaning of the Maxim :Ut res magis valeat Quam pareat.

Here's some cases where the magazine is defined.

Case laws 

1. In case of Tinsukhia electric supply company limited  V/s state of Assam the supreme court observed that a statute or any enacting provision they are in must be so construed as to make it effective and operative.

2. In Swami atmananda V/s SRI Rama Krishna Tapovanam, the supreme court held that a statute as it will known must be read in such a manner so as to give effect to the provisions thereof. A statute must be construed in such a manner so as to make it workable.

3. In K.P . Mohammed Salim V/s CIT , the apex court reiterated the principle that a provision must be construed in such a manner so as to make it workable. 

Other cases 

1. In Manchester ship canal co. V/s Manchester race course co, Farwell.J.  laid down unless the words are absolutely senseless that I could do nothing at all with them I should be bound to find some meaning, and not to declare them quiet for uncertainty.

2. In Murray V/s IRC, Lord Dunedin . J.  Laid down, It is our duty to make what we can of statute, knowing that they are meant to be operative, and not inept, and nothing short of impossibility should in my judgment allow a judge to declare a statute and workable.

Conclusion 

It can be concluded that a statute has to be read so as to make it valid and if possible an interpretation leading to a contrary position should be avoided.