Facts in the Case Issues in the Case Principles Applied 1. Doctrine of Harmonious Construction 2. Doctrine of Later Law Prevails (Leges Posteriores Priores Contrarias […]
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A protective legislation like the Consumer Protection Act is capable of two possible interpretations. One interpretation would result in granting remedy to consumers. The other interpretation would result in denial of remedy to consumers. Which one is preferable? Give reasons.
Facts in the Case Issues in the Case Principles Applied 1. Beneficial Construction (Liberal Interpretation) 2. Rule of Purposive Interpretation 3. Presumption in Favour of […]
The Sales Tax Act exempted “Green Vegetables” from assessment to sales Tax. Sale of sugarcane was subjected to sales tax by the authority. The question was whether sugarcane fell within the term green vegetables . Decide.
Facts in the Case Issues in the Case Principles Applied 1. Strict Interpretation of Tax Exemptions 2. Common Parlance Test 3. Literal Interpretation of “Green […]
A Central Act was repealed and re-enacted without modification. What is its effect on orders and rules made under the repealed Act?
Facts in the Case Issues in the Case Principles Applied 1. Section 24 of the General Clauses Act, 1897 2. Doctrine of Continuity 3. Judicial […]
A penal provision is capable of being given two interpretations. One interpretation leads to conviction of the accused, whereas the other interpretation leads to acquittal. Which interpretation has to be preferred? Why?
Facts in the Case Issues in the Case Principles Applied 1. Rule of Strict Construction of Penal Statutes 2. Rule of Lenity 3. Presumption Against […]
The Sales Tax Act exempted “vegetables ” from the levy of Sales Tax. Sales of beetle leaves were subjected to Sales Tax by the authority. It was contended that the beetle leaves were taxable as they constituted “vegetables” which were exempted from tax. Decide.
Facts in the Case Issues in the Case Principles Applied 1. Literal Rule of Interpretation 2. Common Parlance Test 3. Strict Construction of Exemptions 4. […]
X was charged for committing an offence punishable under the prevention of terrorism Act. When the trial was pending the said Act was repealed by the parliament. What is its effect on the pending trial?
Facts in the Case Issues in the Case Principles Applied 1. Section 6 of the General Clauses Act, 1897 2. Doctrine of Legal Fiction 3. […]
If the statutory language is defective as it is suffering from the defect of ambiguity, what type of interpretation do you prefer to overcome that ambiguity?
Facts in the Case Issues in the Case Principles Applied When a statute suffers from ambiguity, courts adopt interpretative tools that go beyond the literal […]
Under the Sales Tax Act vegetables were exempted from the purview of the Tax. A vendor of vegetables was selling coconuts. The Tax authorities levied tax on the sale of coconuts. The vendor pleaded for exemption on the ground that coconuts fell under the term “vegetables”. Can he succeed? Discuss.
Facts in the Case Issues in the Case Principles Applied 1. Literal Rule of Interpretation 2. Strict Interpretation of Tax Exemption 3. Common Parlance Test […]
An act was passed by the state legislature banning the slaughter of animals including cows. It was challenged on the ground that it was unconstitutional. What types of presumptions can be raised by the court with regard to the challenge? Discuss.
Facts in the Case Issues in the Case Principles Applied In cases involving constitutional challenges to legislation, courts follow well-established presumptions and interpretative doctrines to […]