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    Construction in Bonam Partem

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    aditya.patil06198
    This document discusses the Latin maxim "construction in bonam partem," which means that words used in a statute must be interpreted in their lawful sense. For example, when a debtor's goods are seized or part of a building is demolished by order, it must be done lawfully. However, there is an exception for illegal profits that are subject to income tax assessment, as the legislature intends for all profits from trading, whether legal or illegal, to be considered income.

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    Construction in Bonam Partem

    Uploaded by

    aditya.patil06198
    110 views6 pages
    This document discusses the Latin maxim "construction in bonam partem," which means that words used in a statute must be interpreted in their lawful sense. For example, when a debtor's goods are seized or part of a building is demolished by order, it must be done lawfully. However, there is an exception for illegal profits that are subject to income tax assessment, as the legislature intends for all profits from trading, whether legal or illegal, to be considered income.

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    This document discusses the Latin maxim "construction in bonam partem," which means that words used in a statute must be interpreted in their lawful sense. For example, when a debtor's goods are seized or part of a building is demolished by order, it must be done lawfully. However, there is an exception for illegal profits that are subject to income tax assessment, as the legislature intends for all profits from trading, whether legal or illegal, to be considered income.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    110 views6 pages

    Construction in Bonam Partem

    Uploaded by

    aditya.patil06198
    This document discusses the Latin maxim "construction in bonam partem," which means that words used in a statute must be interpreted in their lawful sense. For example, when a debtor's goods are seized or part of a building is demolished by order, it must be done lawfully. However, there is an exception for illegal profits that are subject to income tax assessment, as the legislature intends for all profits from trading, whether legal or illegal, to be considered income.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    Construction

    in
    Bonam
    Partem
    Construction in Bonam Partem
    Meaning :- Latin Maxim

    This maxim means that words used in a statute are to be


    taken in their lawful sense. Thus ‘lawful’ means what is not
    prohibited by law (legitimate). It follows, therefore, that words
    must be construed in their lawful sense.
    Construction in Bonam Partem
    Examples :-

     Thus in case of seizure of the debtor’s goods. It must be


    lawfully seized.

     Similarly, when the demolition of the part of a building is


    ordered by the corporation it must be demolished lawfully.
    Construction in Bonam Partem
    Exception :-

    There is an exception to the rule requiring words to be


    construed in bonam partem. This refers to the illegal or unlawful
    profits which are made subjects to Income-tax assessment. All
    profits from trading legal or illegal come within the meaning of
    income and since there is no intention of the legislature to
    restrict the meaning of income to only lawful earning.

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