Facts in the Case Issues in the Case Principles Applied 1. Rules as Aids to Interpretation 2. Simultaneous Publication and Common Intent 3. Judicial Precedents […]
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A provision of penal statute is capable of being interpreted in two ways. One interpretation would result in conviction of the accused whereas the oth interpretation leads to acquittal of the accused. Which is preferable? Why ?
Facts in the Case Issues in the Case Principles Applied 1. Rule of Strict Construction of Penal Statutes 2. The Rule of Lenity 3. Judicial […]
“A’ was prosecuted under Section 497 of IPC, 1860 for living with B, a married woman. ‘A’ pleads that his prosecution was discriminatory at B, who is equally guilt was left out of prosecution? Advise A.
Facts in the Case Issues in the Case Principles Applied 1. Provision of Section 497 IPC (Before 2018) 2. Judicial Position on Discrimination Judgment / […]
“Y” got served a notice to “Z” through unregistered way for eviction of his property. “Z” received the same and kept quite. Explain the position of ‘Y’ to take action against “Z”?
Facts in the Case Issues in the Case Principles Applied 1. Mode of Notice – Substantial Compliance 2. Admittance by Conduct 3. Requirement of Notice […]
X a trader of betel leaves sought exemption of sales tax to betel as they are vegetables. Can he succeed to treat betel leaves as vegetables? Decide.
Facts in the Case Issues in the Case Principles Applied 1. Literal Rule of Interpretation 2. Use-Based Classification Case Law: State of Tamil Nadu v. […]
There an irreconcilable contradiction between two sections of the same Act. What is the rule of interpretation in such a case? Discuss.
Facts in the Case Issues in the Case Principles Applied 1. Rule of Harmonious Construction Case Law: Raj Krishna v. Binod AIR 1954 SC 202 […]
The exclusion of jurisdiction of Civil Courts to entertain Civil cases will not be assumed unless the relevant situate contains an express provision to that effect, of lends to a necessary and inevitable, implicate of that nature. Discuss
Facts in the Case Issues in the Case Principles Applied 1. Presumption in Favor of Civil Court Jurisdiction 2. Express or Implied Bar Must Be […]
The rule of construction is well settled that when there are in an enactment two provision which cannot be reconciled with each other, they should be so constructed that, if possible, effect should be given to both. Discuss the important aspects of this rule with help of decided cases that you know.
Facts in the Case Issues in the Case Principles Applied 1. Harmonious Construction 2. Key Elements of Harmonious Construction Judicial Precedents 1. Venkataramana Devaru v. […]
The term ‘Prize Competition’ iS defined under Prize Competition Act would include not only competition in what success depends an chance but also there in which it would depend to a sustained degree of skill. Which could not be supported under Article 19(1)(g) of the Constitution of India. What types of interpretation is preferable? Discuss.
Facts in the Case Issues in the Case Principles Applied 1. Strict Interpretation of Restrictive Statutes 2. Doctrine of Reading Down 3. Interpretation Favoring Fundamental […]
A makes a gift of Rs.50,000 to his friend B. the gift was made on 01.09,2010. The Income Tax authorities levy income-tax on the gifted amount. The assesse challenges this levy. Decide.
Facts in the Case Issues in the Case Principles Applied 1. Section 56(2)(v) and 56(2)(vii) of the Income Tax Act, 1961 2. Applicability to this […]