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 […]
Category: LLB 4th Sem Interpretation of Statutes [ Case Law]
“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. […]
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’ 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 guilty was left out of prosecution? Advise A.
Facts in the Case Issues in the Case Principles Applied 1. Constitutional Challenge to Section 497 IPC 2. Principle of Substantive Equality Judgment / Conclusion
‘Y’ got served a notice to ‘Z’ through an unregistered way for eviction of his property.”Z” received the same and kept quiet. Explain the position of ‘y’ to take action against ‘Z’.
Facts in the Case Issues in the Case Principles Applied 1. Service of Notice in Property Law Case Law: K.K. Krishnan v. M.K. Mohan, AIR […]
There is 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: Venkataramana Devaru v. State of Mysore, AIR 1958 […]