CONSTRUCTION IN BONAM PARTEM
Saw Gare 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
Saw Our Examples: Thus in case of seizure of the debtor’s goods. It must be lawfully seized. Similarly, when the demolition of a 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 .
The doctrine connotes that words must be taken in a lawful and rightful sense. The word ‘ lawful ‘ connotes anything sanctioned or recognized by law. When therefore in the execution of a decree or order of the court some properties are attached, it has to be seen that the seizure is lawful and that the property belongs to the debtor. Further, the act must be rightfully done, done in a lawful manner.
Long v. Gray (1863) in the Privy Council held that a priest who is sworn to obey the rules does not obey all the orders of the bishop, which is a breach of the ordinance oath. He is not a criminal because there is no law that can compel the performance of all such orders. He has to obey all orders, which the bishop is authorized by law to enforce.
Thus bonum-partum means that the words should be used properly and legally. By statutory method herein means those methods which are valid by law. When any property is attached by order or decree of any court, confiscation of that property can be possible only if it is properly and legally attached.
