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Questions and Answers
What is the primary purpose of the legal maxim 'ut res magis valeat quam pereat'?
What is the primary purpose of the legal maxim 'ut res magis valeat quam pereat'?
- To invalidate legal provisions that are ambiguous.
- To highlight the importance of legislative intent.
- To allow courts to disregard parts of statutes.
- To ensure that laws and legal provisions are applied effectively. (correct)
In what situation should courts discard a construction of a provision?
In what situation should courts discard a construction of a provision?
- When it aligns with legal precedents.
- When it gives effect to the provision.
- When it is clear and understandable.
- When it renders the provision inoperative. (correct)
According to the content, when can statutes be rendered invalid?
According to the content, when can statutes be rendered invalid?
- When the legislative intent is unclear.
- When they contradict other laws.
- When they are poorly drafted.
- When there is absurdity in language. (correct)
What did the Supreme Court decide in Avtar Singh v. State of Punjab regarding the interpretation of Section 39?
What did the Supreme Court decide in Avtar Singh v. State of Punjab regarding the interpretation of Section 39?
What does Section 50 of the Indian Electricity Act, 1910 ensure?
What does Section 50 of the Indian Electricity Act, 1910 ensure?
What can be inferred about the legislative intent from the content provided?
What can be inferred about the legislative intent from the content provided?
Which of the following statements about the application of laws is supported by the content?
Which of the following statements about the application of laws is supported by the content?
What was the main argument of the appellant in the case mentioned regarding his conviction?
What was the main argument of the appellant in the case mentioned regarding his conviction?
What does the legal sense of words refer to?
What does the legal sense of words refer to?
According to the legal sense derived from State of Madras v. Gannon Dunkerly and Co., what are the two essentials of 'sales of goods'?
According to the legal sense derived from State of Madras v. Gannon Dunkerly and Co., what are the two essentials of 'sales of goods'?
What presumption does the rule of literal interpretation rely upon regarding the legislature?
What presumption does the rule of literal interpretation rely upon regarding the legislature?
In Benarsi Krishna Committee v Karmyogi Shelters Pvt Ltd, how was section 34(3) of the Arbitration and Conciliation Act interpreted?
In Benarsi Krishna Committee v Karmyogi Shelters Pvt Ltd, how was section 34(3) of the Arbitration and Conciliation Act interpreted?
What does the literal rule of interpretation emphasize regarding the language of statutes?
What does the literal rule of interpretation emphasize regarding the language of statutes?
Which of the following is NOT a presumption associated with the rule of literal interpretation?
Which of the following is NOT a presumption associated with the rule of literal interpretation?
What is the primary implication of the case State of Madras v. Gannon Dunkerly and Co. regarding the expression 'Taxes on sale of goods'?
What is the primary implication of the case State of Madras v. Gannon Dunkerly and Co. regarding the expression 'Taxes on sale of goods'?
In which case was the phrase 'Taxes on sale of goods' analyzed for legal significance?
In which case was the phrase 'Taxes on sale of goods' analyzed for legal significance?
What does the Golden Rule of Interpretation allow a judge to do?
What does the Golden Rule of Interpretation allow a judge to do?
What does a strict interpretation in legal context imply?
What does a strict interpretation in legal context imply?
Which principle suggests that every word in a statute has been inserted mindfully by the legislature?
Which principle suggests that every word in a statute has been inserted mindfully by the legislature?
In what situation is the Golden Rule of Interpretation primarily applied?
In what situation is the Golden Rule of Interpretation primarily applied?
What is not a presumption of the rule of literal interpretation?
What is not a presumption of the rule of literal interpretation?
Which operation is not considered as 'stone breaking' or 'stone crushing' according to the content provided?
Which operation is not considered as 'stone breaking' or 'stone crushing' according to the content provided?
Which of the following statements aligns with the rule of literal interpretation?
Which of the following statements aligns with the rule of literal interpretation?
What does the maxim 'express mention of one thing implies the exclusion of another' suggest?
What does the maxim 'express mention of one thing implies the exclusion of another' suggest?
In which case was it held that the exclusion maxim cannot be applied if the statute's language is clear?
In which case was it held that the exclusion maxim cannot be applied if the statute's language is clear?
Which legal principle is demonstrated through the Karnataka VAT Act case regarding animal feed?
Which legal principle is demonstrated through the Karnataka VAT Act case regarding animal feed?
What is the literal meaning of 'Ejusdem Generis'?
What is the literal meaning of 'Ejusdem Generis'?
In the context of Ejusdem Generis, how should general words following specific words be interpreted?
In the context of Ejusdem Generis, how should general words following specific words be interpreted?
How does Ejusdem Generis assist the courts?
How does Ejusdem Generis assist the courts?
Which of the following is a requirement for the application of the rule of Ejusdem Generis?
Which of the following is a requirement for the application of the rule of Ejusdem Generis?
Under which situation is the maxim of 'express mention excludes omitted items' typically applicable?
Under which situation is the maxim of 'express mention excludes omitted items' typically applicable?
What is the first step in the construction of a statute?
What is the first step in the construction of a statute?
What was the main aim of the Abortion Act 1967?
What was the main aim of the Abortion Act 1967?
In the case of Royal College of Nursing v DHSS, why was it determined that nurses could legally carry out abortions?
In the case of Royal College of Nursing v DHSS, why was it determined that nurses could legally carry out abortions?
What constitutional point was contested in Kanwar Singh v Delhi Administration regarding the term 'abandoned'?
What constitutional point was contested in Kanwar Singh v Delhi Administration regarding the term 'abandoned'?
What general principle do judges follow when interpreting statutes?
What general principle do judges follow when interpreting statutes?
Which of the following components is not one of the elements to be considered in the construction of a statute?
Which of the following components is not one of the elements to be considered in the construction of a statute?
In the context of the Royal College of Nursing case, what was the significance of the term 'medically registered practitioner'?
In the context of the Royal College of Nursing case, what was the significance of the term 'medically registered practitioner'?
What was the outcome of the Royal College of Nursing v DHSS case regarding nurse involvement in abortions?
What was the outcome of the Royal College of Nursing v DHSS case regarding nurse involvement in abortions?
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Study Notes
Interpretation of Statutes
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Ut Res Magis Valeat Quam Pereat
- Legal maxim focusing on the effective application of laws.
- Courts should prefer interpretations that maintain a statute's function and intent.
- Applies in India as it emphasizes validating provisions over making them void.
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Judicial Precedents
- In CIT v. Distributors, Baroda (P.) Ltd., it was ruled that no part of a statute can be dismissed as unintelligible; the legislature uses terms purposefully.
- In Avtar Singh v. State of Punjab, interpretation issues arose regarding the Electricity Act, emphasizing specific procedural requirements for prosecution.
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Legal Sense of Words
- Words can gain technical meanings through consistent legislative use or judicial interpretation.
- In State of Madras v. Gannon Dunkerly and Co., it was established that "sale of goods" includes agreements and transfer of property, excluding building contracts.
Principles of Literal Interpretation
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Literal Rule of Interpretation
- Words in statutes should be interpreted in their natural, ordinary, or popular meaning unless ambiguity exists.
- In Benarsi Krishna Committee v. Karmyogi Shelters Pvt Ltd, strict adherence to the Arbitration Act was demonstrated, noting the specifics of timing for setting aside awards.
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Conclusion on Literal Interpretation
- This approach presumes the language reflects legislative intent.
- Assumes legislators know grammar and use words purposefully without mistake.
Golden Rule of Interpretation
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Introduction to Golden Rule
- A hybrid approach allowing deviation from literal meanings to avoid absurd results.
- Combines literal interpretation and mischief rule principles.
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Application
- Used when ambiguity arises, ensuring the intended legislative outcome prevails.
- Evaluates common law context, the mischief intended to address, and corresponding remedies.
Case Analyses
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Royal College of Nursing v DHSS
- Addresses legal implications of nurses performing abortions under evolving medical practices.
- Court ruled that nurses' actions aligned with the statutory defense provided by the Abortion Act 1967.
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Kanwar Singh v. Delhi Administration
- Discusses the definition of "abandoned" cattle under municipal law and the implications on ownership rights.
- Court held that the term must denote loss of ownership concerning the livestock involved.
Maxims of Statutory Interpretation
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Expressio Unius Est Exclusio Alterius
- Maxim encouraging the interpretation that explicit inclusions imply the exclusion of other, unspecified items.
- Applied in cases where clear legislative language dictates exclusions, as seen in VAT Act interpretations.
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Ejusdem Generis
- Latin principle guiding interpretation of general terms that follow specific examples in statutes.
- General terms interpreted to include only items similar to previously mentioned specifics.
- Not a binding rule of law, serves as a tool for clarifying legislative intent.
Objectives of Study
- Gain a comprehensive understanding of statutory interpretation.
- Explore the significance of specific legal maxims like "Ejusdem Generis" in interpreting legislation.
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