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 […]
Category: LLB 4th Sem Interpretation of Statutes [ Case Law]
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 When the trial was pending the said Act was repealed by the parliament.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 […]
The Highways Act empowered the authorities to “Lop” the trees growing near by the Highway. Exercising the power, the authorities cut off the top of the trees near by the Highway. In the present context how do you interpret the expression of “Lop”? What type of interpretation do you suggest?
Facts in the Case Issues in the Case Principles Applied Judgment
There is a conflict between a provision of substantive law and a provision of procedural law. Which shall prevail over the other? What type of interpretation is preferable? Explain.
Facts in the Case Issues in the Case Principles Applied Judgment
The street offences Act was passed by the legislature prohibiting solicitations by the prostitutes at public places. Thereafter, prostitutes solicited the passers by from balconies or windows of their houses. Does it amount to a street offence? What type of interpretation is preferable ? Discuss
Facts in the Case Issues in the Case Principles Applied Judgment
The prohibition Act was enacted by the state legislature under which the sale, possession, transportation and consumption of liquor was an offence. Mr. X has committed an offence punishable under the Act when the Act was in force. Later the said Act was repealed by the same legislature. Mr X was chargesheeted after the repeal of the Act. Is it Legal ? Discuss.
Facts in the Case Issues in the Case Principles Applied Judgment