MODULE 5 Flashcards
1
Q
Koteswar Vittal Kamath v K Rangappa Baliga & Co, AIR 1969 SC 504
A
Another example of the application of the rule is found in the construction of the Proviso to Article 304 of the
Constitution which reads: “Provided that no Bill or amendment for the purpose of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President”. It was held by the Supreme Court that the word “introduced” referred to “Bill” and the word “moved” to Amendment.
2
Q
State of Gujarat v Mirzapur Moti Kureshi Kassab
Jamat,
A
related to Article 19(1)(g) a Bench of seven Judges laid down:
(1) A restriction placed on any fundamental right which is aimed at securing directive principles and fundamental duties can be taken into account in judging the reasonableness of the restrictions;.
(2) When the facts stated in the objects and reasons and the Preamble justify the enactment of the law a presumption of reasonableness of the restriction will arise;
(3) Restriction may even amount to prohibition but it must satisfy the test that a lesser alternative would have been inadequate
3
Q
What does the maxim ‘Delegatus non potest delegare’ mean?
A
It means a delegated power cannot be further delegated. One who receives delegated authority cannot delegate it again.
4
Q
Cite a case where ‘Delegatus non potest delegare’ was applied.
A
A.K. Roy v. State of Punjab (1986) 4 SCC 326 – held sub-delegation of delegated power was ultra vires.
5
Q
What does ‘Expressio unius est exclusio alterius’ imply in statutory interpretation?
A
The express mention of one thing excludes all others.
6
Q
Which case illustrates ‘Expressio unius est exclusio alterius’?
A
Prabhani Transport Co-op. Society v. RTA Aurangabad – list of conditions implied exclusion of others.
7
Q
What does ‘Generalia specialibus non derogant’ mean?
A
General provisions do not override specific provisions.
8
Q
Give an example of ‘Generalia specialibus non derogant’.
A
Bengal Immunity Co. v. State of Bihar – special provision prevails over general provision.
9
Q
What is the meaning of ‘Ut Res Magis Valeat Quam Pereat’?
A
A statute should be interpreted in a way that it survives and has effect, not fails.
10
Q
Which case applied ‘Ut Res Magis Valeat Quam Pereat’?
A
Mark Netto v. State of Kerala – interpretation preferred which upheld rule validity.
11
Q
Explain ‘Expressum facit cessare tacitum’ with context.
A
What is expressed overrides what is implied. Clear statutory wording takes priority.
12
Q
What does the maxim ‘In bonam partem’ mean?
A
It means words should be interpreted in their least harsh or most favorable sense.
13
Q
How was ‘In bonam partem’ used in taxation law?
A
Birla Group Holdings Ltd v. Assessee – interpreted tax law in favor of taxpayer, unless malintent like money laundering is involved.
14
Q
What is ‘Ejusdem Generis’?
A
General words following specific ones are interpreted in the context of the specific words.
15
Q
What is the rule of ‘Noscitur a Sociis’?
A
A word is known by the company it keeps; interpreted in the context of surrounding words.
16
Q
Define ‘Reddendo Singula Singulis’.
A
Each word is to be referred to its respective subject.
17
Q
Explain why ‘Maxims of Interpretation’ are important in legal drafting.
A
They help resolve ambiguity, ensure legislative intent is honored, and preserve constitutional validity.
18
Q
What is the meaning of ‘Delegatus non potest delegare’?
A
It means ‘a delegate cannot further delegate’. A person given a delegated power cannot transfer it to another.
19
Q
Explain the maxim ‘Expressio unius est exclusio alterius’ with case law.
A
The express mention of one thing implies exclusion of another. E.g., Prabhani Transport v. RTA Aurangabad.
20
Q
What does the maxim ‘Generalia specialibus non derogant’ convey?
A
General provisions do not override specific ones. Special laws prevail over general ones in case of conflict.
21
Q
What is the meaning of ‘Ut res magis valeat quam pereat’?
A
It means a statute should be interpreted to make it workable and not redundant.
22
Q
What does ‘Expressum facit cessare tacitum’ imply in statutory interpretation?
A
What is expressed prevails over what is implied. Clear expressions exclude assumptions.
23
Q
How is the maxim ‘in bonam partem’ applied in interpretation?
A
It implies interpreting ambiguous terms in the least offensive sense. Applied to presume innocence.
24
Q
State the principle established in Bengal Immunity Co. v. State of Bihar.
A
A special law overrides a general one; reaffirming ‘Generalia specialibus non derogant’.
25
Explain 'Ejusdem generis' with an example.
When general words follow specific words, they are interpreted in the same class as the specific ones.
26
What is the rule laid down in A.K. Roy v. State of Punjab regarding delegation?
Sub-delegation of power without authority is ultra vires. Reinforces 'delegatus non potest delegare'.
27
Explain the scope and limits of 'Expressio unius est exclusio alterius' in statutory interpretation.
The maxim excludes what is not expressed, but may not apply if statute uses words like 'includes' or 'such as'.
28
Discuss the rule of 'Ut res magis valeat quam pereat' with supporting case law.
The court prefers interpretation that makes law workable. In Mark Netto v. State of Kerala, girls’ admission in boys’ schools was upheld under this maxim.
29
How does the maxim 'Expressum facit cessare tacitum' affect implied powers under legislation?
Explicit statutory language cancels implied provisions. Only what is clearly stated is enforceable.
30
How has the maxim 'in bonam partem' evolved in Indian tax cases?
Originally supported lenient interpretation, but later excluded in cases involving money laundering (Birla Group Holdings v. Assessee).
31
Write a detailed essay on the role of legal maxims in statutory interpretation with reference to key case laws.
Legal maxims aid in interpreting ambiguous statutes. Maxims like 'delegatus non potest delegare', 'generalia specialibus non derogant', and 'ut res magis valeat quam pereat' guide courts to ensure justice, consistency, and legislative intent. Cases: A.K. Roy, Bengal Immunity, Mark Netto.
32
Critically analyse the maxim 'Generalia specialibus non derogant' with examples from Indian case law.
This maxim means specific law prevails over general. Courts uphold this to avoid redundancy. Examples: Doré v. Verdun, Lalonde v. Sun Life Assurance, Bengal Immunity Co. v. Bihar.
33
Discuss the interpretative conflict between 'Expressio unius' and 'Ut res magis valeat quam pereat' with illustrations.
While 'Expressio unius' limits inclusion, 'Ut res...' encourages broader workable interpretation. Courts must balance these based on legislative intent. Case law: Prabhani Transport, Corporation of Calcutta v. Liberty Cinemas.
34
What is a mandatory statute?
A mandatory statute compels that something must be done in a specific way and its non-compliance renders the related proceeding illegal and void.
35
What is a directory statute?
A directory statute indicates what should be done but without strict enforcement; non-compliance does not make proceedings invalid.
36
How does the court decide whether a statute is mandatory or directory?
By determining the real intention of the legislature considering the statute’s purpose
37
What did the Supreme Court say in Hari Vishnu Kamath v Ahmad Ishaque?
The court must determine whether a provision is mandatory or directory based on legislative intent
38
What is the relevance of D.A. Koregaonkar v State of Bombay?
Non-compliance causing inconvenience or injustice indicates the provision is mandatory.
39
Which case emphasized that purpose of statute helps determine its nature?
Chandrika Prasad Yadav v State of Bihar (2004) 6 SCC 331.
40
What did Aeron Steel Rolling Mills v State of Punjab conclude?
Section 33B of IDA was held directory because it involved convenience
41
What principle was laid in State of Himachal Pradesh v MP Gupta?
Use of ‘no’ and ‘shall’ shows absolute prohibition
42
How did Sidhu Ram v Secretary Railway Board interpret 'may'?
The word ‘may’ in Rule 1732 was held directory as mandatory interpretation would alter legislative intent.
43
What did the Court say in Keshav Chandra Joshi v Union of India?
The word ‘may’ conferred a statutory duty and was interpreted as ‘shall’
44
What did the Court hold in Owners of MV Vali Pero v Fernandeo Lopez?
The word ‘shall’ in the rule was interpreted as directory to avoid miscarriage of justice due to technicality.
45
Is the word 'shall' always mandatory?
No
46
Can 'may' be mandatory?
Yes
47
How does the use of prohibitory words affect interpretation?
Use of ‘no’ and ‘shall’ often implies strict prohibition
48
Can non-compliance with a mandatory provision be excused?
No
49
What is the significance of statutory intent in classification?
It determines whether a statute’s compliance is compulsory or optional based on legislative purpose.
50
What is the presumption of validity in statutory interpretation?
It is presumed that every statute enacted by the legislature is constitutional unless proven otherwise.
51
What does 'territorial operation' of statutes mean?
It means laws are presumed to apply only within the territorial limits of the legislature that enacts them.
52
What is meant by the presumption against ousting court jurisdiction?
Courts presume statutes do not exclude their jurisdiction unless clearly stated.
53
What is the doctrine of prospective operation of statutes?
Laws are presumed to apply to future actions/events unless stated to apply retrospectively.
54
What is a procedural statute?
A procedural statute deals with the process of legal administration and usually operates retrospectively.
55
Explain the principle laid down in Govindlalji v. State of Rajasthan.
The court construed 'affairs of temple' narrowly to preserve constitutionality under Articles 25 and 26.
56
What did the court rule in Ajay Agarwal v. Union of India?
Criminal conspiracy is a continuing offence; IPC has extra-territorial application under Sec. 4.
57
Explain the holding in Bhimsi v. Dundappa.
Civil court must transfer cases to revenue courts when their jurisdiction is ousted by law.
58
State the ruling in Govind Das v. ITO.
Sec. 171(6) of the IT Act has prospective effect; it cannot apply to assessments before 1st April 1962.
59
What is prospective overruling?
It is a judicial innovation where the court limits the effect of its ruling to future cases (e.g.
60
Why is jurisdiction presumed in favour of civil courts?
To ensure access to justice unless a statute expressly removes or limits such jurisdiction.
61
Discuss the relevance of Article 245(2) in territorial operation.
It allows Parliament to make laws with extra-territorial effect without rendering them invalid.
62
What did the SC say in Provincial Govt. of Madras v. J.S. Bassappa?
Jurisdiction of civil courts is not ousted unless the statute explicitly or implicitly provides for it.
63
Why do procedural statutes usually have retrospective operation?
They regulate the legal process and do not create or impair substantive rights.
64
How should courts interpret ambiguous statutory language?
In favour of preserving constitutionality and upholding legislative intent.
65
Illustrate the principle in K.K. Kochari v. State of Madras.
State legislatures cannot make laws with extra-territorial effect; such laws are invalid.
66
Explain the application of legal fiction in section 87 of the Rajasthan Municipalities Act.
It deems members of a Municipal Board as public servants under IPC Sec. 21.
67
Discuss the use of legal fiction in I.T. Act 1922 (sec. 43 and 42).
An agent is 'deemed' to be an assessee and taxed as if the income were his own.
68
Describe the ruling in Gramma v. Veerupana.
The Hindu Succession Act applies only to deaths after 1956—statute operates prospectively.
69
What is the legal impact of deeming provisions?
They treat a non-existing fact as if it exists
70
Discuss exceptions to prospective operation of statutes.
Procedural and declaratory laws can have retrospective effect; penal laws usually cannot.
71
What principle was stated in Reliance Jute v. CIT?
The law applicable during the assessment year governs the tax liability unless stated otherwise.
72
What is meant by 'legal fiction'?
An assumption made by law that treats something false as true for a specific legal purpose.
73
Explain the decision in Balumar Jamnadas Batra v. State of Maharashtra.
Burden of proof under Customs Act is procedural and applies retrospectively.
74
What are the dangers of overextending a legal fiction?
It may lead to unintended consequences beyond legislative intent.
75
How do courts limit legal fiction?
By applying it only to achieve the legislative purpose and not importing other assumptions.
76
When is a legal fiction used in constitutional interpretation?
To ensure effective application of laws without violating constitutional principles.
77
Why must jurisdiction-granting clauses be construed strictly?
Because conferring or removing court jurisdiction affects access to justice.
78
When can a validating act be given retrospective effect?
When passed to revive laws declared void
79
What did the SC say about exclusion clauses in statutes?
They must be explicit or implied with clarity; otherwise
80
How do courts treat ambiguity in penal laws?
Interpretation should favour the accused; retrospective penal laws are disallowed unless beneficial.
81
What is meant by repeal of statutes?
Repeal of statutes refers to the cancellation or abolition of a law, making it void and without legal effect.
82
Differentiate between amendment and repeal.
Both involve changes to the law, but repeal abolishes a statute entirely, while amendment modifies it.
83
What are the objects of a Repealing Act?
To remove outdated laws and revise statutes in light of social, economic, and cultural changes.
84
Define express repeal.
Express repeal occurs when a new law explicitly states that the previous law is repealed.
85
Define implied repeal.
Implied repeal occurs when a new law conflicts with an old one, even without express language, thus rendering the old law void.
86
What is repeal by desuetude?
Repeal by desuetude means a law becomes ineffective due to long-term non-use or disobedience.
87
What does the General Clauses Act, 1897 state about the repeal of statutes?
It ensures ongoing operations or rights under a repealed act are preserved unless stated otherwise.
88
What is the test of implied repeal?
Whether the new law is inconsistent with the old one to the extent that both cannot operate together.
89
Explain the case of Municipal Council, Palari v. T.J. Joseph.
The court held that conflicting provisions require implied repeal if both laws cannot coexist.
90
Discuss the role of legislative intent in implied repeal.
The court examines whether the legislature intended to replace the older law with the newer one.
91
Explain the doctrine of repeal by desuetude with the help of Bharat Forge case.
The court criticized the doctrine, saying obsolete laws cannot shield wrongdoers from liability.
92
Discuss the case Delhi Municipality v. Shivshanker in the context of implied repeal.
The court used Article 254 repugnancy test to determine inconsistency between laws for repeal.
93
What are the consequences of repealing a statute in terms of common law?
The statute becomes void, rights under it are abolished, and it is treated as never enacted.
94
What are the consequences of repealing a statute under the General Clauses Act?
Actions taken under the repealed law remain valid unless the new law explicitly states otherwise.
95
Discuss the case Ratanlal Adukia v. Union of India and its relevance to implied repeal.
The SC held that conflicting provisions should not co-exist, supporting the implied repeal doctrine.
96
What happens when a repealing law is itself repealed?
The original repealed law may be revived if the new law shows intent to reinstate it.
97
What is the role of saving clauses in the context of repeal?
Saving clauses protect actions or rights accrued under a repealed statute unless excluded.
98
Discuss the difference in legal treatment between temporary and perpetual statutes upon repeal.
Temporary statutes expire automatically; perpetual ones remain until repealed by legislation.
99
Explain the case Damji V. LIC in the context of general vs. special laws.
The SC ruled that a special law overrides a general law even if both are valid, affecting repeal.
100
Discuss the case Shivshanker and the concept of ‘occupying the same field’.
If both laws regulate the same subject matter with conflict, implied repeal is inferred.
101
How do courts interpret repeal clauses lacking express language?
Courts rely on implication, intent, and statutory language to infer repeal.
102
What is the effect of a repeal on pending proceedings?
Unless preserved by a saving clause, the repeal may nullify proceedings under the old law.
103
Can repeal affect constitutional validity of a law retrospectively?
Yes, through retrospective amendments, repealed laws can be validated.
104
Write an essay on the kinds of repeal and their judicial interpretation.
Discuss express, implied, and desuetude repeal with landmark case references and statutory maxims.
105
Critically evaluate the role of judiciary in applying the doctrine of implied repeal.
Examine how courts ensure legislative coherence while balancing rights and conflicts.
106
Examine the legislative intent and judicial approach to repeal in India.
Analyze cases like Ratanlal Adukia, Damji, Shivshanker, and Bharat Forge.
107
What is meant by the doctrine of severability?
If part of a statute is unconstitutional
108
Explain the doctrine of eclipse with an example.
A law inconsistent with fundamental rights becomes dormant but can be revived if the inconsistency is removed (e.g.
109
What is the doctrine of colourable legislation?
It implies that what cannot be done directly cannot be done indirectly (Quando aliquid prohibetur ex directo
110
Discuss the principle of pith and substance with reference to a case.
It helps determine the true nature of legislation; incidental encroachments are allowed. (State of Bombay v. FN Balsara)
111
Explain Article 254 with reference to repugnancy between central and state laws.
Article 254 provides that Central law prevails over State law in case of inconsistency in the Concurrent List (Zaveri Bhai v. State of Bombay).
112
What is meant by the doctrine of territorial nexus?
It allows laws to have extraterritorial effect if there is a sufficient connection (State of Bombay v. RMDC).
113
What is the basic structure doctrine?
Parliament cannot amend the basic structure of the Constitution (Kesavananda Bharati case).
114
Discuss the doctrine of harmonious construction.
Where two laws conflict
115
What does Article 13(1) say about pre-constitutional laws?
All pre-constitutional laws inconsistent with Part III shall be void to that extent.
116
What is the doctrine of implied powers?
Powers not expressly stated but essential to legislative function may be assumed.
117
How is the legislative power distributed in India?
Through three lists: Union
118
What does Article 248 deal with?
Parliament’s residuary power to make laws on subjects not in State or Concurrent Lists.
119
Can a citizen waive their fundamental rights?
No
120
Explain the doctrine of repugnancy.
If a State law conflicts with a Central law on the Concurrent List
121
What is meant by retrospective legislation?
Legislation that applies to past events
122
What is the principle of laches?
Equity aids the vigilant; delay in enforcing rights may bar relief (Ravindra Jain v. UOI).
123
How does the principle of severability preserve laws?
It removes only the unconstitutional part
124
Explain the concept of judicial review in constitutional law.
Courts have power to review laws for constitutionality and strike down unconstitutional provisions.
125
State the purpose of the doctrine of incidental and ancillary powers.
Allows legislatures to legislate on matters related to main subjects to make law effective.
126
What is the doctrine of separation of powers?
It ensures legislative
127
State the test for colourable legislation.
Check if legislature is doing indirectly what it cannot do directly (Naga People’s Movement v. UOI).
128
Explain the difference between pith and substance and colourable legislation.
Pith and substance justifies incidental encroachment
129
How do courts deal with overlapping provisions in statutes?
By applying harmonious construction to give effect to both.
130
Essay: Critically analyze the interplay of Articles 13
245
131
Essay: Discuss various doctrines applied by courts to determine the constitutionality of statutes with landmark judgments.
Doctrines include severability
132
Essay: Examine the judicial approach in India towards resolving legislative conflicts through doctrines like pith and substance
territorial nexus
133
What is beneficial construction in statutory interpretation?
It is an approach where courts interpret legislation broadly to fulfill its protective purpose
134
Which laws often require beneficial construction?
Laws like the Industrial Disputes Act
135
What is the purpose of beneficial construction?
To ensure statutes fulfill their objective of providing benefits and protections effectively.
136
What does 'Purpose Over Precision' mean in beneficial construction?
Judges prioritise the statute’s intent over its literal text when language is ambiguous.
137
How does beneficial construction address omissions in statutes?
It allows judges to interpret laws to include scenarios not explicitly mentioned without altering the essence.
138
How does beneficial construction promote justice?
By ensuring fairness and protecting the rights of vulnerable and marginalised sections of society.
139
What did the court hold in Hindustan Lever Ltd. v. Ashok Vishnu Kate?
That anti-unfair labour practices legislation should be interpreted from the labourers’ perspective.
140
What was decided in Noor Saba Khatoon v. Mohammad Quasim?
That the rights of mothers and children under Section 125 CrPC are independent and unaffected by later laws unless clearly stated.
141
What is the significance of Kanailal v. Paramnidhi (AIR 1957 SC 907)?
The SC interpreted the Calcutta Thika Tenancy Act to protect tenant rights
142
What was the ruling in Alembic Chemical Works v. Workmen?
That the Factories Act should be interpreted to benefit both employers and workers
143
What is strict interpretation of statutes?
Strict interpretation means interpreting the text based only on its literal meaning without considering the legislative intent or external factors.
144
How does strict interpretation apply to penal statutes?
Penal statutes must be strictly construed; ambiguity should be resolved in favor of the accused.
145
What is the rule of lenity?
It requires any ambiguity in a criminal statute to be interpreted in favor of the accused.
146
Give an example of a case supporting strict interpretation in tax law.
Commissioner of Customs (Import), Mumbai v. Dilip Kumar & Ors., where the SC held that exemption notifications should be interpreted strictly.
147
What is the difference between strict and liberal interpretation?
Strict interpretation focuses on literal meaning
148
Why must taxing statutes be strictly interpreted?
Because of Article 265 of the Constitution — no tax can be levied or collected without authority of law.
149
What is the burden of proof in claiming tax exemptions?
The assessee has the burden to prove that they fall within the exemption provisions.
150
Can penal statutes be interpreted liberally?
Only in exceptional cases to prevent miscarriage of justice or fulfill the object of social legislations.
151
What principle was emphasized in State of Jharkhand v. Ambay Cements?
Provisions of exemption must be strictly followed; substantial compliance is insufficient in mandatory rules.
152
Explain the scope of judicial discretion in interpreting penal statutes.
Courts must not enlarge penal statutes by implication or intent beyond their fair meaning.
153
When can liberal construction apply to a penal statute?
When it is a social welfare law like the Prevention of Corruption Act
154
What is the relevance of ‘casus omissus’ in strict interpretation?
Courts must avoid filling legislative gaps — only the legislature can correct omissions.
155
Describe the role of strict interpretation in taxing machinery provisions.
They must be interpreted to ensure effective assessment and avoid enabling tax evasion.
156
What did the SC rule in Indian Handicrafts Emporium v. UOI?
Courts must interpret penal provisions based on their subject and object
157
Explain the implication of “no intendment” in tax statutes.
It means no assumptions or inferred meanings are permitted — only what is clearly stated applies.
158
How does strict interpretation affect retrospective application?
Penal statutes cannot be presumed to operate retrospectively unless explicitly stated.
159
What does ‘no equity in tax law’ mean?
Tax laws are to be applied as written — courts cannot provide equitable relief outside statutory language.
160
What does the SC ruling in Lalita Jalan v. Bombay Gas Co. suggest?
That penal provisions may need purposive interpretation to suppress the mischief.
161
Can machinery provisions in tax statutes be interpreted liberally?
Yes
162
How should courts interpret provisions creating rights?
Courts should favor interpretations that preserve and protect the rights created by law.
