Law:

Section:

  Martial Law Regulation-Interpretation-General Clauses Act (X of 1897) inapplicable-Intention of Regulation to be discovered by Courts. The General Clauses Act, 1897 cannot be invoked for interpretation of Martial Law Regulations, because neither that Act nor any Martial Law Regulation or Martial Law Order says that they shall be interpreted in accordance with the tenets laid down in the Act.   When interpreting any provision of law contained in-any of the laws enforced by any of the many modes of making laws, the Courts have to find out the intention of the lawmaker. In case of laws which owe their existence to ordinary modes of making laws, i.e., passing of Acts or promulgation of Ordinances, the Law contained in laws relating to interpretation for example the General Clauses Act;. 1897, is that some expressions have, to be presumed to have a certain meaning unless the context indicates otherwise. Even when a Court has to find out the meaning of expressions used in a Martial Law Regulation or a Martial Law Order, one of the well-established canons of interpretation of ordinary statutes, namely, that the law-maker is to be presumed to have intended what has been clearly expressed by the words used, has applica tion.   Martial Law Regulation (C. M. L. A's. No. 88), Para, 7 --"Martial Law Authority"-Definition and scope of expression-. Authority which can issue a Martial Law Regulation or Order or which is declared to be such an Authority-Authority "clothed with power to do any act under a Martial Law Regulation or Order", not necessarily a "Martial Law Authority"-Expression used in C. M. L. A's. Regulation No. 68.   The expression "Martial Law Authority" may be defined as follows :-   A Civil or Military authority which can issue a Martial Law Regulation or a Martial Law Order or an authority which has been declared to be a Martial Law Authority either by the Chief Administrator of Martial Law or by someone authorised by the Chief Administrator of Martial Law to make such a declara tion.   That the expression does not mean that an Authority "clothed with the power to do any act…