Sub- LEGAL LANGUAGE, SEM -1, Mumbai University New Syllabus – 2022-2023

MODULE 1:
Legal Concepts – Law, Custom, Justice, Right, Duty, Wrong, Remedy, Fact, Person, Offence,
State, Plaint, Complaint, Suit, Affidavit, Judgment, Appeal, Review, Revision, Reference, Writ,
Stay Order, Injunction, Adjournment, Cause of Action, Issue, Charge, Bail, Ex-Parte, Discharge,
Acquittal, Conviction, Legal heirs, Legal Representative, Power of Attorney, International Law,
Arbitration, Jurisdiction, Amicus Curiae.

1. "Law":
Blackstone defines a term law-
“Law in its general and comprehensive sense, signifies a rule of action, and is
applied indiscriminately to all kinds of actions, whether animate or inanimate,
rational or irrational"
Salmond explains law-
"Law consists of the rules recognized and acted on in court of justice" The term 'law'
is used in two senses, in the abstract sense, and in the concrete sense strict sense, it
means, the system of law, as for instance-law of contract, law of defamation, etc. In
its' concrete sense, it means Statute, Act, Ordinance or other exercise of legislative
authority.
Several jurists and theorists have attempted to define the term "law". They
have propounded their theories According to Natural Law theory,
"Law is the dictates of Reason". It consists of principles of right and wrong,
just and unjust, moral and immoral. These principles can be discovered by the
'Reason of mankind. It is also known as "Divine law" being the order of God imposed
upon men. It is the God made law. According to Thomas Acquinas, "Law is the
command of higher God".
According to the Imperative theory of law propounded by Austin (Definition
given by Austin), "Law is the command issued by the sovereign power".
According to the theory of Legal Realism, "Law is the decision of the Courts"
According to Prof. Hart, "Law is the system of rules"
Customary law-
Law based on custom is known as "Customary Law"

2) "Custom":
Custom means, a habitual behavior or course of conduct or practice followed
by the people from long period.
Law, based on custom is known as customary law. In fact, custom is one of
the most important sources of law.
Custom is a tradition of the people that governs a human conduct. Custom is
the rule of conduct or action voluntarily and uniformly observed by the people. It
consists of a rule of conduct approved and accepted by the community for
generations,
It is the usage observed and followed by the people and recognised by the
Court on the compliance of certain conditions.

Essentials of a valid custom:

In order to get recognition of law (recognition by Court),
1. The custom must be ancient;
2. The custom must be continuous; 3. The custom must be certain;
4. The custom must be reasonable; 5. The custom must be moral;
6. The custom should not be opposed to the statutory law; and
7. The custom should not be opposed to public policy.
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3) "Justice":
Law is one of the means to achieve justice. Therefore, Justice is the result, or
outcome of an application of law. We can say that the justice is the end or the goal of
law.
The basis of law is-
morality, equality, impartiality, ethical conviction, good conscience, traditions-
usages and conventions, etc.
Therefore, justice may be equated with the morality and equality. Justice is
divided into two classes:
i) Corrective Justice; ii) Distributive Justice.

Corrective Justice
'Corrective Justice' means, restoring the rights to those who were earlier
deprived of their rights eg. by giving more benefits, facilities by reservation to
backward people, as something wrong which was done to them in the past is
corrected by giving them reservation; or to those whose rights are violated. Thus,
the reservation should be given to those who are poor backward class and
economically weaker sections of the people also, this is correct 'Corrective Justice.
Giving any benefit or facility, by reservation to the filthy rich who merely belong to
backward class would be the mockery of 'Justice"!

Distributive Justice'
Distributive Justice' means, equitable distribution of rights between various
sections of the people according to their needs.

4) Right:
Salmond defines legal right as-
"a legal right is an interest recognized and protected by a rule of law". It
means, any interest, respect for which it is a duty; and the disregard for which is a
wrong.
According to Austin, a party has a right when another or others are bound or
obliged by law to do, forbear to do in regard to him.
Holland defines right as-
"a capacity residing in a man of controlling with the assent and assistance of the
State, the action of others" It means, a right is the ability possessed by a person to
control other's actions and self protection with the help or assistance of the State.
Kinds of rights:
1) Fundamental and Legal rights; ii) Primary and Secondary rights; iii) Right in rem
and Right in personam; iv) Proprietary and Personal rights.

5) Duty:
A duty means an act which one ought to do. It is an act, the non-performance
of which will be Rights and duties are co-relative to each other. It means, whenever,
there exists a right in one person, there also rests a corresponding duty upon the
other or others not to violate that right. Thus, this forbearance on the part of the
other is called duty.
A duty may be a legal duty or moral duty. A moral duty, if not performed, is
not made punishable by the law. A legal duty is an act of forbearance which is
enforced by the State in respect of right vested in another. Breach of such duty
amounts to wrong, and therefore, is made punishable by the law.

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6) Wrong:
A wrong means, a violation of legal right. A wrong may be simply defined as a
wrongful act. A wrong is an act contrary to any rule of right or justice" Wrong may
be classified as-i) Moral Wrong; ii) Legal Wrong
Moral wrong is a violation of a rule of natural justice; it is not made
punishable by the law:
Legal wrong is a violation of a legal justice, and is made punishable by the
law.

Civil Wrong and Criminal Wrong:

Legal wrong, again may be civil wrong or criminal wrong. A civil wrong is
actionable in a Civil Court, while criminal wrong is actionable in Criminal Court
Generally, compensation is awarded for civil wrongs, whereas, criminal
wrongs are made punishable with imprisonment and fine also.

7) Remedy:
Law provides a remedy for violation of a right. Wherever, there is a right,
there is a remedy available to a person for violation of his right. The enforcement of
a right is a remedy.
Remedy is provided for in the Court of law for the purpose of redressal to the
aggrieved person. These judicial remedies are -
i) awarding of damages; ii) granting of injunction, iii) specific performance of a
contract, etc.

8) Fact:
It means and includes what has actually happened, the reality or truth. On
the basis of the above dictionary meaning of the term "Fact" it may be defined as
state of thing, which is proved or disproved, with the help of leading evidence.
Thus, fact means the actual existence or non-existence of the thing or
circumstances, actual occurrence of an event, etc.
Indian Evidence Act defines relevant facts, e.g. -
i) A kills B with a knife. The event of A causing the death of B, is a fact.
ii) A sets fire to B's house. Event of fire being caused by A to B's house, is a fact.
iii) A sells his house to B. The event of the house being sold by A to B, is a fact. Fact
consists of law material on the basis of which law creates certain rights and duties.

9) Person:
A person is an entity capable of having rights and duties,
Gray defines person as, "person means, any entity to which rights and duties
may be attributed".
Salmond defines a person as, "a person is any being, whom the law regards as
capable of rights and duties, whether a human being or not. Any being, who is so
capable, is a person whether human being or not, and no being that, is not so
capable, is not a person even though he is a man.

Persons are of two kinds- and,

i) Natural person, ii) Legal person.
Human beings are natural persons as they are created by the Nature.
Legal persons are artificial persons created or recognised by the law.
Companies, Corporations, Trusts, etc. are legal persons, having rights and duties to
perform.
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10) Offence :
The term "offence" as defined under the General Clauses Act, 1897-"offence"
shall mean, any act or omission made punishable by law for the time being in force"
Offence is an act or omission prohibited by criminal law or any other law for the
time being in force, for which punishment is prescribed under the law. All criminal
wrongs are offences.
Whenever there is a violation or non-observance, disobedience or disregard
of legal right, such violation amounts to an offence, which is punishable under the
Indian Penal Code, 1860 or any other penal enactment.
To defame or assault somebody or to trespass on land belonging to another
or to violate copy-right, patent or trade-mark or wrongful act relating to human
body or property, are all constitute offence.

11) State:
A state is a political society or community. It is a particular type of society or
community in which the people living in a particular territory who are governed by
will of an individual person in the capacity of political superior (e.g. King or Queen
or Dictator) or by the will of the majority of representatives or by the will of certain
class or classes of persons (e.g. Members of the Parliament, Ministers, etc.).
State is a political community having a separate territory. It has a separate
identity in international group of political communities with sovereignty and
generally with recognition

12) Plaint:
Plaint is a written statement in which the plaintiff seeks the assistance of the
Court for the purpose of granting relief to him. Plaint is a written statement in which
the plaintiff sets out his cause of action with all the necessary particulars.
Thus, Plaint is a memorandum submitted to the Court. It consists of a bunch
of facts relating to a cause of action and claiming reliefs from the Court of
Law.
Plaint correspondents to the written statement of claim
Under Civil Procedure Code, suit is instituted by presentation of the Plaint.

13) Complaint:
A complaint is an allegation of commission of wrong. When an allegation of
commission of wrong is raised, it complaint, and the person who levels an allegation
by way of oral or written complaint is called a complainant. A complaint about an
offence is triable under the Criminal Procedure Code.
Complaint may be defined as, "any allegation which is made orally or in
writing for the purpose of taking action under the relevant law against the person,
whether such person is known or unknown to the complainant for commission of an
offence"
A complaint in a criminal case is, what a plaint is in a civil case.

The requisites of a complaint are-

i) An oral or written allegation:
ii) That some person, known or unknown, has committed the offence;
ii) It must be made with the object to take an action against the concerned person;
iv) It must be made to a Magistrate. A civil remedy by way of an application.

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14) Suit:
A proceeding initiated in the civil court for the purpose of civil remedy by
way of an application is called "Suit".
Any legal proceeding of a civil nature brought by one person against the
another, is termed as a suit. In other words, civil proceedings instituted by filling a
Plaint, is called a Suit.
Every suit should be instituted by the presentation of a plaint in the civil
courts. It relates to an action under civil administration of justice.

15) Affidavit:
Affidavit is the written statement of person giving it on outh. Affidavit is an
important document, and false affidavit leads to serious consequence. In other
words, an affidavit is the written statement of the deponent on oath duly affirmed
before any Magistrate or Court or duly affirmed before an authorized Magistrate or
other Officer appointed by the Court.
Thus, it may be a written or printed declaration or statement of facts made
voluntarily and confirmed by the oath or affirmation of the party making it. Affidavit
is the declaration in writing made on oath before a Magistrate or Notary having
authority to administer such oath or affirmation.

16) Judgment:
It means, judicial determination or the decision of the Court. In other words,
it is the final decision of the Court relating to the guilt or innocence of the accused
person. As soon as the trial or proceeding is over or at any subsequent time,
judgment is to be pronounced.
Judgment may be defined as, "the conclusion given by the court after
evaluating and appreciating the evidence, documentary or oral, facts and
circumstances of the case".
The term "Judgment" includes or it is synonymous with the terms, such as,
decision, order, award, decree passed by the Court either dealing with matters of
civil or criminal nature.
A judgment is a final order by the Court as to the rights of the parties. The
judgments are always in writing and must be delivered in the language of the Court.

17) Appeal:
Appeal is the remedy available to the person aggrieved by the decision of the
authority. The Supreme Court has defined an "Appeal" as, -
"The judicial examination of the decision by the higher Court of the decision of an
inferior Court. It is remedy provided by law for setting aside or reversing the decree
of the court by the application of the aggrieved party.”
Appeal must be preferred within the specified time limit to the superior
authority than the authority, which has given the decision.
The appellate Court before whom the appeal is made can pass any of the following
orders-
i) It may reverse the order passed by the inferior court,
ii) It may modify that order, or
iii) It may dismiss the appeal and confirm the order of the inferior Court.

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18) Review:
Review means, the re-examination of the case by the same Judge in certain
circumstances.
Where the provision of "Review" has been provided by law, an application
for "Review" may the filed against it’s' order.
An application for review is admitted, if there is discovery of new evidence
which was not within the knowledge of the person at the time of making application
or which was not within the knowledge of the Court when it had passed the order.

19) Revision:
Section 115 of the Civil Procedure Code, 1908 provides for the revision by
the High Court. It lays down that
"The High Court may call for the record of any case which has been decided by any
court subordinate to such High Court and in which no appeal lies thereto, and if such
subordinate Court appears :
i) To have exercised jurisdiction not vested in it by law, or
ii) To have failed to exercise jurisdiction so vested, or
iii) to have acted in the exercise of its jurisdiction illegally or with material
irregularity.
The High Court may make such order in the case as it thinks fit"
The object of this Section is to prevent the subordinate courts from acting
arbitrarily or capriciously in the exercise of their jurisdiction.

20) Reference:
Section 113 of the Civil Procedure Code empowers the subordinate Courts to
refer the case for the opinion of the High Court. Because, there are certain orders or
decrees against which no appeal lies, in such cases a question of law is to be decided
properly so to avoid the error of law which cannot be rectified later,
Therefore, the opinion of the High Court on the question of law is sought by
making reference to the High Court
The questions of law may be regarding the validity of any Act or legal
provision of the Act. When a lower Court refers to the higher Court a point of law,
which has arisen in the proceeding before the lower Court, for decision, the lower
Court is said to have made a "Reference". Until the reference made by the Court is
decided, the proceeding before the lower Court may be kept in abeyance.

21) Writs:
Article 226 of the Constitution of India confers the power of issuing Writs on
the High Courts in case of infringement or violation of fundamental rights. In fact,
the power of the High Court in issuing Writs is much more wider than the power
enjoyed by the Supreme Court under Article 32 of the Constitution, because the High
Court has power to issue Writs for the purposes other than the enforcement of
fundamental rights also.
The High Court is empowered to issue the following writs:
1) Habeas Corpus,
If the detention of a person is mala-fide, or whenever a person is detained
without jurisdiction, the Writ of Habeas Corpus is issued. It is a command addressed
to a person (who alleged to have another person unlawfully in his custody),
requiring such person to whom the command is addressed, to produce or bring the
body of such person before the Court.
2) Writ of Mandamus:
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The term "Mandamus" means, "We Command" and this Writ is issued to a
person who is required under the law to perform a specific duty. In other words, the
"Writ of Mandamus" compels the authority to perform that duty which such
authority is required to perform under the law.
3) Writ of Certiorari:
The object of the "Writ of Certiorari" is to keep judicial body and
Administrative Tribunal within limits when an inferior Court takes up for hearing a
matter over which it has no jurisdiction and if the Court hears that matter and gives
a decision, the party aggrieved over by the decision has to move the superior Court
for the "Writ of Certiorari" and on this "Writ of Certiorari" an order will be made
quashing or setting aside the decision on the ground of want of jurisdiction.
4) Writ of Prohibition:
The "Writ of Prohibition" and the "Writ of Certiorari", both of them have very
similar characteristics.
5) Writ of Quo Warranto
The term "Quo warranto" means, "by what authority?" or "show the
authority". The object of this Writ is to person who has wrongfully and unlawfully
taken the possession of the office from or illegally is asked to show by what
authority he holds such office continuing in the office. The "Writ of Quo Warranto" is
in the nature of judicial remedy by which any person who occupied the office
unlawfully or illegally is asked to show by what authority he holds such office.

22) Stay Order:

Stay order means, an order from the court to stay an implementation of an
order, or stay, stop any proceeding by which the applicant is aggrieved.
The application of stay must be accompanied with the main application, and
the same must be supported by an affidavit. Stay order is given by the Court to avoid
the serious injustice being caused to the aggrieved applicant by the implementation
of any such order or any such proceeding.

23) Injunction:
Injunction is the order of the Court prohibiting someone doing some act or
commanding someone to undo some wrong or injury.
An injunction is a judicial process, whereby a party is required to do, or
refrain from doing any particular act. It is in the nature of preventive relief granted
to a person who apprehends possible future injury.
The law relating to injunctions is contained in the Specific Relief Act, and the
Civil Procedure code.
Injunctions are of various types, such as Interlocutory, Mandatory,
Permanent, Temporary, etc.

24) Adjournment:
The suit or case for hearing before the Court is adjourned by that court till
next date. Thus, an adjournment is an act of the Court by which the matter before it
is postponed for a future date. Order XVII of the Code of Civil Procedure deals with
powers of the Court to grant time and adjourn hearing for unavoidable reasons.
Order XVII states that-
"After Court starts hearing of a suit, it will be continued till the final disposal
of the suit. As a general rule, when hearing of evidence has once begun, such hearing
shall be continued day-to-day, and the adjournment should be granted only for
unavoidable reasons". The party to the suit may request the Court for adjournment
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of the matter on the ground of illness or other sufficient ground of incapacity to

attend the matter. The power to grant an adjournment is a discretionary power of
the Court.

25) Cause of action:

The fact or set of facts which give a person a right to file a suit for judicial
redress or relief against another, is said to be the cause to take an action or a cause
of action. If there are no facts or reason to file a suit or plaint, no action would lie.
Therefore, it is for the plaintiff to prove the existence of those facts giving rise
to the right to file the suit.

26) Issue:
The facts which have been alleged by one party and either denied or
admitted by another party, lead to flaming of issues.
After filing the "Statement of Claim" by the plaintiff, and thereafter, the
"Written statement” by the defendant, framing of issue is one of the important
stages in the proceeding of the case.
Issues are the material and important points on which the case is to be
conducted argued and dealt with.The issues are to be framed on the basis of the
pleading. No issue is framed of, if it is not pleaded.

27) Charge:
The term "Charge" may be defined as, an accusation of an offence triable
under the Code of Criminal Procedure and it is an important step in a criminal
proceeding.
A charge-sheet is a record of accusation to be proved by a prosecution. It is
precise incorporation of specific allegation levelled against the accused.
Thus, to charge a person means, to accuse him. The person so charged, is
known as an accused.
The object of the charge is to give the accused a clear idea of the accusation
levelled against him.

28) Bail:
A person accused of bailable offence i.e. arrested or detained without
warrant by a police officer may be released on bail. A person who has been so
arrested and who has been brought before the court, such a person may be released
on bail by depositing certain amount or on the personal security for his appearance.
He is required to execute a bond with or without security for his appearance
before the court. Thus, bail is a release of the person charged for an offence or a
release of an accused from imprisonment upon a security given by him for the due
appearance before the Court as and when required. Such security is called bail, and
the person so released, is said to be released on bail.

29) Ex-parte:
This expression is used to signify something done or said by one person not
in the presence of his opponent.
When a proceeding is conducted in the absence of the defendant person who
remains absent despite due notices to attend the proceeding with the clear
indication that the enquiry or proceeding shall be conducted in his absence, such
enquiry or proceeding is, called ex-parte proceeding or enquiry.

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An ex-parte decree is passed in the absence of the defendant, when

defendant fails to appear in the Court for hearing after summons are duly served on
him.
The ex-parte decree passed against the defendant, may be set aside if the
defendant satisfies the court that he was prevented from appearing in the Court due
to sufficient grounds. Inability to appear before the Court on account of illness or
accident, etc. are regarded as sufficient grounds for setting aside the ex-parte
decree.

30) Discharge:
With a view to investigate the commission of crime, a police officer is
required to follow the procedure laid down in the Criminal Procedure Code, and
after such investigation, direct any subordinate Magistrate to conduct the
preliminary enquiry to ascertain the veracity of the report and if it is found, after
such enquiry, that there is no prima facie evidence against the accused, such
magistrate may release the accused. This kind of release is called 'Discharge". In the
case of warrant, if there is no evidence sufficient enough to hold the allegation or
accusation, the discharge may be effected.
Thus, discharge means, exonerating a person from the liability or charge
levelled against him. Under criminal law, if the Magistrate, upon taking all the
evidence and making such examination of the accused, finds that no case against the
accused is made out, he shall discharge the accused.

31) Acquittal:
When the decision is given by the criminal Court in a crimhe inal proceeding
in which an accused is charged for committing certain offences punishable under
the Indian Penal Code, the charges against him are not proved beyond reasonable
doubt, the accused is said to be acquitted from the charges or allegation against him.
Acquittal of an accused is a bar to subsequent prosecution of the same accused,
under the principle of double jeopardy.
There may be the evidence against the accused, but it is not sufficient to
convict him, in such situation the order of acquittal is passed by the Judge. The Judge
passing an order of acquittal has to give his reasoning for the grounds of acquittal
and finally, state that the guilt of the accused is not proved beyond reasonable
doubt, and therefore, the order of acquittal.

32. Conviction:
The result of a criminal trial, which ends in a judgment or pronouncement
that the accused charged for an offence is guilty, it is the conviction of the accused.
The accused is said to be convicted for an offence by the Court.
When the decision is given by the criminal Court in a criminal proceeding in
which an accused is charged for committing certain offences punishable under the
Indian Penal Code, the charges against him are proved beyond reasonable doubt,
then the accused is convicted for any of those offences with which he was charged.
When the Court awards punishment either of imposition of fine; or
imprisonment; or imprisonment and fine, to an accused who is charged for
committing certain offences punishable under Penal Law, the accused is said to be
convicted or conviction is said to be effected when the punishment has been
suffered by him.

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Even if the accused pleads guilty for the offences with which he is charged or
the offences levelled against him, and the Judge awards him punishment for the
same, he is said to be convicted.
Thus, the order of conviction is a judicial pronouncement or determination of
the guilt of the accused.

33. Legal heirs :

If a person dies intestate (ie. without making a Will) his property will be
inherited by certain relations like, his son, daughter, widow, mother, father, brother
or sister, etc. They are called his legal heirs. Thus, legal heirs are close relatives of
the person who had died intestate. In other words, legal heirs are the persons who
are entitled to inherit the property of their father/mother or ancestor. All legal heirs
of a deceased person can inherit his/her property in the order of priority and
according to the share recognized under their personal law. This is called law of
succession.
Legal heirs of a deceased person, and their respective share in his property,
depend upon his personal law to which he was subject at the time of his death.
For instance,
If a Hindu dies intestate, his legal heirs are classified into four categories.
They are- i) Class I Heirs, ii) Class II Heirs; iii) Agnates and Cognates.
In case of a Muslim dying intestate his legal heirs are- i) Quranic Heirs; ii)
Sharers; and iii) Kindred.
In case of a Christian or Parsi dying intestate his legal heirs are -i)
Widow/Widower, Lineal descendants; and Kindred.

34) Legal Representative:

Section 2 (11) of the Code of Civil Procedure, 1908 defines the term, as
under-
"Legal representative" means, a person who in law represents the estate of a
deceased person and includes any person who intermeddles with the estate of the
deceased, and where a party sues or is sued in a representative capacity the person
on whom the estate devolves on the death of the party suing or sued".
Thus, the term "legal representative" also covers the person on whom the
estate devolves on the death of the party so suing or sued.
Strictly speaking, the term "legal representative" is limited to the Executors
and Administrators of the 'Will'. However, the meaning has been extended in the
Code of Civil Procedure, 1908. Accordingly, a person on whom the estate of the
deceased devolves, would be his legal representative. Similarly, a universal legatee
under a Will executed is also treated as a legal representative.
It may be further noted that, where a person who is not an heir of a deceased
person, and wrongly brings himself on record after the death of such person, he
does not, thereby become a legal representative. But, if he happens to get possession
of the estate of the deceased or otherwise intermeddles with deceased's estate, he
can claim to be a legal representative.

35) Power of Attorney:

Power of attorney is a legal document which empowers a specified person to
act for and in the name of the person executing that document or instrument. It is a
formal document by which the authority is given to an agent to act for and in the
name of the executant (i.e. the person executing or making power of attorney).

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36) International Law:

The rules, which govern the sovereign States in their relation and conduct
towards each other. International law means, laws of nations consisting of such
rules.
Thus, the sum total of the rules which are accepted by the civilised States in
the world and which determine their conduct towards each other, is called
international law.
These rules of international law are recognised by those States in their
dealings with each other and have a sanction of the Court of law. International law is
of two types -
i) Public International Law and,
ii) Private International Law.

37) Arbitration:
Arbitration means, referring disputes between two or more persons for
decision to third neutral person.
The parties to the dispute decide in writing to present their present or future
dispute to the arbitration of person, a third neutral person. The person/persons to
whom the dispute is so referred is called arbitrator/arbitrators. The decision of the
arbitrator is called an 'award'. The award passed by the arbitrator is enforceable in
the same manner as a decree of a law Court, according to the Arbitration and
Conciliation Act, 1996. The arbitration proceeding must be conducted in accordance
with Arbitration Act.

38) Jurisdiction:
Jurisdiction of the Court means, the power of the Court to try and decide a
case brought before it according to law. A Court may have territorial, pecuniary and
subject matter jurisdiction.
General Principles of Criminal Jurisdiction:
According to International Law, a State ought to exercise its' jurisdiction
(power or authority to punish, etc.) over such persons and property as are within its
territory. So also, the Privy Council in Saradar Gurudayal Singh vs. Raja of Faridkot,
1894 laid down that "all crime is local. The jurisdiction of crime belongs to the
country where the crime is committed".
Therefore, generally speaking, a person is amenable to the criminal
jurisdiction of the Court in the country where he commits the crime. This territorial
jurisdiction of the Court is divided into two parts under the Indian Penal Code, i.e.
Intra-Territorial and Extra-Territorial Jurisdiction under Sections 1 to 5.
Pecuniary Jurisdiction depends upon the value of the suit, and accordingly,
the suit can be filed in the appropriate Court, Council or Tribunal having that much
pecuniary jurisdiction. For instance, under the Consumer Protection Act, 1986, the
pecuniary jurisdiction of the District Forum is upto Rs. 20,00,000/-; State Forum
upto Rs. 1 crore and National Forum above Rs. crore upto any amount Now, under
the Consumer Protection Act, 1919, the pecuniary jurisdiction of the District
Consumer Forum is upto Rs. 1 Crore; State Consumer Council is above 1 Crore upto
Rs. 10 Crores and National Consumer Council is above Rs. 10 Crores upto any
amount.

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39) Amicus Curiae:

Amicus Curiae means, a friend of the Court. He as an advocate, a member of
the Bar who assists the Court. In other words, the term 'Amicus Curiae' stands for a
friend of the Court.
Such Amicus Curiae voluntarily or on invitation of the Court, and not on
instructions of any party, helps, assists the Court in any judicial proceedings, in
order to protect general public interest though they are not a party to the
proceedings before the Court.
The Court may request such Amicus Curiae to argue for an interested section
of the people who are not party to the petition before it. For instance, if petition for
seeking admission into the law, medical or engineering etc. colleges is filed by the
particular student, in such petition the Court may appoint Amicus to argue in the
interest of other students seeking admission into the law, medical or engineering,
etc. colleges, though they are not parties to the petition. This enables the Court to
take into consideration the interest of all general students concerned to such
admissions.
In the present situation, where there is a rampant violation of the
fundamental rights, a sincere - impartial-social Amicus Curiae, can play a
remarkable role in helping, assisting the Court in the interest of justice.

1.2 Legal Maxims –

1. Actus de nemini facit injuriam - An act of God causes legal injury to no one.
When an event is caused by the effect of nature without any human intervention,
it is called 'an act of God. ' No one is responsible for the inevitable accidents.
2. Salus Populi Est Suprema Lex - The health (welfare, good, salvation, felicity) of
the people should be the supreme law
3. Nemo Tenetur Sepisum Accusare - means roughly “no man has to accuse
himself.” It is the basis of our rights against self incrimination and forced
inculpation.
4. Leges postpriores priores contrarias abrogant - The general meaning of this
maxium is that “Later laws abrogate earlier, contrary ones.”A maxim meaning
that, where two laws or legal instruments conflict, the one should be adopted”.
5. Nova constituito futris formam imponere debet non praetertis - A new law
ought to impose form on what is to follow, not on the past.
6. Noscitur a sociis - the meaning of an unclear or ambiguous word (as in a statute
or contract) should be determined by considering the words with which it is
associated in the context.
7. Expressio unis est exclusio alterius - "the expression of one thing is the
exclusion of the other". This is a common law principle for construing legislation
which holds that a syntactical presumption may be made that an express
reference to one matter excludes other matters.
8. Vigilantibus, non domientibus, jura subveniunt - The law assists only those
who are vigilant, and not those who sleep over their rights. The maxim refers to
the obligation of individuals to not only be aware of their rights under the law,
but also to be vigilant while exercising or using the same.
9. Quod ab initio non valet in tractu temporis non convalesscit - It is a latin
phrase which means "What is not valid in the beginning does not become valid
by time."
10. Nullus commodum capere potest de injuria sua propria - No one can derive
an advantage from his own wrong. The above maxim is derived from the general
principle of good faith.
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11. Cessante retione legis cessat ipsa lex - “Reason is the soul of law, and when
the reason of any particular law cease, so does the law itself.”
12. Acta exteriora indicant interiora secreta - “Acta Exteriora” means the
outward acts or what we do, “indicant” means indicate, and “Interiora Secreta”
means the inward secret.
13. Domus sua cuique est tutissimum refugium - meaning thereby Every man's
house is his safest refuge; Every man's house is his castle.
14. Nemo est haeres viventis - A maxim stating that a person's heir can be
ascertained only at the time of his death, since until then his heir apparent may
die or be disinherited.
15. Ignorantia facti excusat, ignorantia lex non excusat - The Latin maxim
ignorantia juris non excusat means ignorance of law is no excuse and the Latin
maxim ignorantia facti excusat means ignorance of fact is an excuse.In the above
situation George ought to be aware about the law.It is true that he will be
prosecuted as ignorance of law is not excusable.

MODULE 2:

2.1 Law Reports, Magazines and References to Case Laws

Law Reports, Law Magazines, Explanation of citations, The search of a case law, Abbreviations
of law Reports
a. Law Reports -

What is Law report? How would you distinguish from a Law Magazine?
Law Reports are reports of the more important cases decided by the superior
courts, 1.e. the Supreme Court of India and various High Courts in India. Not all
cases are reported; only those of legal interest or landmark judgements are
reported. Reports have an Index, arranged statute-wise and subject-wise which
usually appears in the opening pages of the Reports. Right on the top of the full text
of each reported judgment, appears its citation. Just below that, appears the names
of the Judge/Judges.
Who constituted the Bench that has decided the matter. Under it, comes the
number and type of case e.g Writ Petition, Appeal, Special Leave Petition, as the case
may be. Below it, comes the names of the parties to the case e.g.
Plaintiff/Petitioner/Appellant/ComplainantandDefendant/Respondent/Accused.
Head Notes are also included. They are not part of the judgement but they
are summaries of the main points of the judgement written out by the reporter.
After head Notes, all the judgments referred to, overruled or dissented from, are
noted with their respective citations.
Underneath, are the names of the Advocates who appeared for the parties in
the matter, And finally there is full text of the Judgment. The name of the
Judge/Judges who delivered the Judgement in question is noted just before the text
begins. In cases where more than one Judge constituting the Bench delivers separate
Judgements then in such cases there is a majority judgement and a dissenting
judgment by different judges of the same Bench.
Law reports are either officially published by the higher courts or other
publication published by private publishers.

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Law Reports:
Law Report is the compilation of judgments’ or decisions of the Supreme
Court and various High Courts. Such decisions are published at regular intervals,
and are made available to the professionals and to the public. Only those decisions
which involve an important interpretation of law or lay down an important or new
rule of law are reported in the Law Reports. They are the land-mark judgments’ of
the Curts. They may be either Official Law Reports or Private Law Reports

Official Reports:
Official Law Reports are the official publications of the Government. Official
Reports, like any other law library, is a trinity of man, material and building. A law
library contains highly specialised materials, it requires special skill to handle.
Basically, legal material consists of statutory law and reports of decided cases. Any
law library has to be well equipped with regards to this basic material.
Official Reports consist of Supreme Court Reports and Indian Law Reports-
i) Supreme Court Reports (SCR): The official publication containing
decisions of the Supreme Court, is called Supreme Court Report. It is established in
the year 1950. This is monthly reporting cases decided by the Supreme Court. It is
an Official Report, published under the authority of the Supreme Court by the
Controller of Publications, Delhi.
ii) Indian Law Reports (ILR): Indian Law Reports is the official publication
in connection with the judgment of the various High Courts. These reports are
referred by the name of the High Court. For example, ILR (Allahabad), ILR
(Mumbai), ILR (Kolkata), etc.

Private Reports:
Private Reports are not the publications of the Government, but they are
published by the most popular Publishers of Private Law Reports.
The most popular of the private law reports is the All India Reporter (AIR),
which is the publication of All India Reporter Pvt. Ltd. Nagpur. It is owned by Mr. V.
V. Chitale. It is the monthly publication. It reports cases decided by the Supreme
Court, various High Courts, on practically all branches of law.
Some other Private Reports are - Supreme Court Journal (SCJ), Maharashtra
Law Journal (MLJ) Bombay Law Reporter (BLR), Calcutta Weekly Notes (CWN), etc.

General and Specialised Law Reports:

There are some general law reports, such as AIR, which publish judgements
in all fields or branches of law and on all subjects of law. On the other hand,
specialised law reports, report judgements related only to particular branch of law.
They report cases decided by the Supreme Court, High Courts and Tribunals They
include labour and industrial cases (Lab & IC), Criminal Law Journal (Cr.L.J), Income
Tax Reports (ITR) and Company Cases (CC).

Law Magazines:
The Law Magazines, Journals, Periodicals are the publications for creating
awareness not only among the lawyers, law professionals, but also among the law
students and general public. They contain articles on various legal and socio-legal
subjects and day-to-day legal matters relating to society; Whereas, Law Reports are
the reports which are official pertaining to specific case-matters where judgement is
delivered specifically by the Courts.

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Law Magazine has cover story on current topics of general interest and
controversial issues. There are previous month's court judgements summarized in
simple language which can be understood by common public. There are several
other articles on current legal issues, as well as, non-legal articles. There are various
articles covering articles of Judicial Reforms, political issues, national policies and
new enactments, etc.

Periodicity or Time of publication of the Law Reports:

Most of the Law Reports are published on a monthly basis. Very few are
published every fortnightly e.g. "Unreported Judgements" or every week e.g.
"Supreme Court Cases" or "Weekly Law Reporter", "Judgements Today".

Name of Law Report, Year of establishing, Publisher and Special feature etc.-

1) Supreme Court Reports (SCR): This is an official publication of the

Supreme Court. It is published on monthly basis. Its' Editor is Mr. Rajendra Prasad
and the Assistant Editor is Dr. Triloknath Arora. Supreme Court Reports is an
important publication consisting of all judgements in important cases decided by
the Supreme Court of India. Names of the cases are given in the "CONTENTS"
followed by a detailed "SUBJECT INDEX" of all cases. The names of the Judges
delivering the judgement is given and the full text of the judgement is given
mentioning the relevant page numbers therefor.
2) Indian Law Reports (ILR):
This is an official publication of various High Courts of India. It gives
exhaustive "GENERAL INDEX". The name of the Judge delivering the judgement and
the names of the parties are also given. Head notes giving the gist of the judgement
are given, followed by a list of cases referred to in the body of the judgement. The
full text of the judgement is given at the end."
3) All India Reporter (AIR):
This is a private publication. This is the most widely used law reporter in
India. It is referred by lawyers and judges, as well. All India Reporter (AIR) which is
the publication of All India Reporter Pvt. Ltd. Nagpur. Its founder was late Mr. V.V.
Chitale. It is the monthly publication. It reports cases decided by the Supreme Court,
various High Courts, on practically all branches of law and it covers all Central and
State Acts.
4) All India High Court Cases (AIHC):
This is one of the most important publications. Important High Court
judgements on almost all branches of law are given in the AIHC. This publication is
referred by the advocates practicing in the High Courts and the other Advocates, as
well.
5) Judgments Today (JT):
Most of the important recent Judgements on various fields in law delivered
by the Supreme Court of India are given in this law reporter. Judgment Today is a
fortnightly law report which carries judgements on various fields in law delivered
by the Supreme Court of India. It is published by Taxation Publishers Pvt. Ltd, New
Delhi. It is edited by Ms. Manjula Pandit. The members Advisory Board are drawn
from retired Judges of the Supreme Court and High Courts of India, as well as Senior
Advocates, and it also consisted of two retired Chief Justices of Supreme Court of
India, namely, Hon'ble Justice late Y.V. Chandrachud, and Hon'ble Justice A.S.
Ahmadi. Judgement Today includes a Nominal Index and a Subject Index, and its

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annual subscription is Rs. 5,100/-. The special features of Judgement Today are- it
has a quick and efficient reporting on the judgements of the Supreme Court India.
6) Bombay Law Reporter (Bom.LR):
This is the leading law reporter, referred by the Advocates and Judges, as
well. It is one of the oldest law reporter of a monthly publication, published from
Pune. It consists of recent amendments relating to the Acts which are in force in the
State of Maharashtra. Its' founder was late Mr. Ratanial.
7) Bombay Cases Reporter (Bom.C.R):
This law reporter notifies itself as "A Complete Journal of the Bombay High
Court". It is a monthly publication published from Mumbai. Cases decided by the
Mumbai High Court relating to the State legislations and the cases decided by the
Courts in Maharashtra are given in this law reporter. Appeals decided by the
Supreme Court against the judgements of the Mumbai High Court are also given in
this law reporter.
8) Maharashtra Law Journal (Mah.L.J.):
It is the important law reporter in the State of Maharashtra. It is a monthly
publication published at Nagpur. It consists of all important judgements delivered in
the previous month by the Mumbai High Court including its' Benches at Nagpur,
Aurangabad and Goa. It also makes a brief discussion on the important cases
recently decided by the Supreme Court in the separate section called "Notes from
Supreme Court Cases", it was published in the year 1963 edited by leading
advocates, J.N. Chandurkar and Abhay Chandurkar. The annual subscription rate for
the reporter is Rs. 1,100/-. The Journal also carries the text of new Acts passed by
the Maharashtra legislature and also existing Acts Amendments, Rules, Regulations,
etc.

b. Law Magazines
Journals, Periodicals and Law Magazines:
Journals, periodicals and law magazines play very important role in creating legal
awareness not only among lawyers and law teachers, but also among law students and
general public. They contain articles on various legal and socio-legal subjects and burning
topics in day-to-day life.

Law Magazines:
The Law Magazines, Journals, Periodicals are the publications for creating
awareness not only among the lawyers, law professionals, but also among the law students
and general public. They contain articles on various legal and socio-legal subjects and day-
to-day legal matters relating to society. Law Magazine has cover story on current topics of
general interest and controversial issues. There are previous month's court judgements
summarized in simple language which can be understood by common public. There are
several other articles on current legal issues, as well as, non-legal articles. There are
various articles covering articles of judicial reforms, political issues, national policies and
new enactments, etc.

(A) Various Journals and Law Magazines:

1) "Lawyers Collective":
This is a monthly law magazine published from Mumbai since 1986. This magazine
is Edited by dynamic senior advocate Ms. Indira Jaisingh. It contains socio-legal articles
expressing strong views on any particular topic or provision of law concerning mass of the
people.

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The magazine has a "Cover Story" on current topics of general interest and
controversial issues. They are thought-provoking and enlightening. Previous months'
Supreme Court judgements, are also summarised in a simple language which can be
understood even by a student of law, so to keep himself abreast of the recent judgements of
the Supreme Court
It highlights the developments in the field of law and also suggests necessary law
reforms. It has a regular monthly up-date feature and "Legal Diary" and "Adalat Anties"
revealing the lighter side of the law in a humorous manner.

2) "One India One People":

This is a new monthly publication published by "One India One People" Foundation.
This is unique magazine published since 1997 in Mumbai. The magazine aims at making
the general public, as well as, policy-makers, aware of the causes which hinder the progress
of our nation. Therefore, it deals with various articles on law topics and burning issues.
Current legal issues are discussed by legal luminaries in addition to non-legal
articles. Articles on problem of population, corruption, judicial reforms, attitude of the
politicians, national policies, gender justice, prison reforms, etc. appear in this magazine.
It appeals the people in its own words, -
"In all cases, you are Indian first, last and always. Be a proud Indian. Make this
country great, strong and united"

3) Journal of the Indian Law Institute:

This journal is published every quarterly by the Indian Law Institute, New Delhi. It
contains research articles, notes and comments, book reviews and list of select foreign
articles and foreign cases.

4) Journal of the Bar Council of India & Indian Bar Review:

This journal is published every quarterly by the Bar Council of India Trust, New
Delhi. It covers various issues related to dispensation of justice and burning topics
emerging from time to time. In addition to these articles, it also contains Reports of the
Disciplinary Committee of the Bar Councils, Resolutions of the Bar Council of India and the
Bar Council of India Trust.

5) India Quarterly:
This journal is published every quarterly. It is the journal of international affairs
published by the Indian Council of World Affairs, New Delhi. The Indian Council is a non-
government, non-profit making and non-party organisation founded in 1943 to encourage
and facilitate international affairs. In addition to articles on international affairs, it also
contains notes and comments and book reviews.

6) The Modern Law Review & the Law Quarterly Review:

The Modem Law Review is founded in the year 1937 and the Law Quarterly Review
is founded much before in the year 1885. Both are quarterly journals devoted to the
discussion of legal topics. They deal with the law as it functions in modem society in
relation to contemporary conditions and problems. Both these journals make constructive
proposals for legal reforms and constructive criticism in connection with legal reforms.
They contain articles, notes on cases and reviews. They are published by Stevens & Sons
Limited, London.

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C. Explanation of citations

Examples-

1) Sapna v/s. Subha AIR, 1995, ORISSA 420: The above is the citation of the case. In
this citation "Sapna" is the Petitioner/Appellant, and "Subha" is the Respondent. This case
is decided by Orissa High Court. This case is reported in the year 1995 of All India Reporter
on page 420.

2) Ramdas v/s. Chinnappa (1958) 2 SCC 304: The above is the citation of the case. In
this citation, Ramdas is the Petitioner/Appellant, and The case is decided by the Supreme
Court. This case is reported in the year 1958 in the Second

Chinnappa is the Respondent.

Volume of Supreme Court Cases on page 304.
"Standard References" in respect of various Laws and Acts taught at LL.B. and
"Legal Dictionaries":

1) Labour Law:

1.O. P. Malhotra The law of Industrial Disputes. 2. K. M. Desai - The Industrial

Employment (Standing Orders) Act, 1946. 3. Avtar Singh-Introduction to Labour and
Industrial Law.

2) Law of Contract: Pollock and Mulla. Avtar Singh.

Anson.

3) Specific Relief Act:

Banerjee S. C.
R. K. Abhichandani. Sarkar.

4) Law of Torts:

Ratanlal and Dhirajlal

P. S. Achuthan Pillai "The Law of Torts, Salmond and Heuston on the Law of Torts".

5) Consumer Protection Laws:

Avtar Singh - The Law of Consumer Protection, Principles and Practice.

Saraf-Dalal-Law of Consumer Protection in India. J. N. Barowalia-Commentary on
Consumer Protection Act, 1986.

6) Law of Crimes:

1. K. D. Gaur, Criminal Law: Cases And Materials (1999), Butterworths, India.

2. Ratanial & Dhirajlal's Indian Penal Code (1994 reprint). 3. P.S. Achuthan Pillai:
Criminal Law (1995) Eastern, Lucknow.

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7) Constitutional Law:

1. D.D. Basu-Shorter Constitution of India (1996 ed.)

2. H.M. Seervai-Constitution of India, Vol. 1-3 (1992), Tripathi,
3. M.P. Singh, V.N. Shukla - Constitutional Law of India, Oxford.

8) Mahomedan Law:

1. D.F. Mulla.
2. A.A.A. Fyzec,
3. Dr. Tahir Mahmood.

9) Indian Succession Act:

1. P.C. Paruck,
2. B.B. Mitra.
3. Sanjiva Rao.

10) Environmental Laws:

1. Shyam Diwan
2. H.N. Tiwari.R.B. Singh & Suresh Misra - Environmental Law in India (1996),
Concept Publishing Co., New Delhi.
3. Leelakrishnan P. - The Environmental Law in India (1999), Butterworths-India.

11) Hindu Law:

1. Mulla.
2. N.R. Raghavachariar
3. Mayne.

12) Transfer of Property Act:

1. Mulla.
2. B.B. Mitra.
3. S.M. Shah.

13) Law:

1. Dr. S.P. Sathe.

2. C.K. Takwani.
3. Griffith & Street.

14) Company Law:

1. Avtar Singh.
2. Ramaiyya.
3. Gower.
4. Palmer.
5. Pennington..

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15) Jurisprudence:

1. Salmond.
2. Dr. M.J. Sethna.

16) Indian Partnership Act:

1. Avtar Singh.
2. Pollock & Mulla.

17) Sale of Goods Act:

1. Avtar Singh.
2. Pollock & Mulla.
3. P. Ramanatha Aiyar.

18) Code of Civil Procedure:

1. Mulla.
2. Takwani.

19) Code of Criminal Procedure:

1. Ratanlal & Dhirajlal.

2. D.D. Basu.

20) Law of Evidence :

1. Sarkar.
2. A.K. Nandi.
3. Batuklal.
4. A.N. Saha.

21) Law Dictionaries:

1) Oxford.
2) Black's.
3) Mozley & Whiteley.
4) Collins.

22) Legal Maxims :

1) Herbert Broom.

d. The search of a case law

If case law or authority on a specific topic or given facts, are to be searched, the
easiest way is to refer the standard text-book on that topic of criminal law e.g. "Indian
Penal Code, 1860" by Ratanial & Dhirajlal. where the case law is given either in the main
text or in the foot-notes provided at the bottom of the page concerned.
The case law could be searched through the following three approaches:
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1) Statute Approach.
2) Subject approach/Topic Approach.
3) Case Method Approach.
4) Internet/Websites/Computer legal Soft-wares like, Manupatra, Legal Pandit, etc.

1) Statute approach:
It refers to the traditional approach to search by the name of the Statute, Rule,
Regulation or Order, passed by the Central or the State Government. One can look up the
relevant Section or provision of the related legislative enactment Act and in the All issue.
India Reporter (AIR), manuals, etc. where one can find the commentary and a list of
Judgements in the 2) Subject approach/Topic approach:

2)Subject approach:
One can look up the standard reference books on the subjects - For Contract case,
standard law book "Principles of Contract" by D. F. Mulla; - For criminal case, standard law
book "The Indian Penal Code". 1860 by Ratanlal and Dhirajlal; For Company Law case,
standard law book "Company Law" by Avatar Singh, etc. In such books one can read the
commentary with annotated case law on the relevant Section related to the given topic.

2-A)Topic approach:
It is the most suitable and convenient method to search a case law. It refers to
commonly used heading. In such approach, large topic-wise groupings of the statutory
heading are found at the sub-topic level, either with case law below them or with the cross
reference to the relevant sub-topic.

3) Case Method approach:

The case method approach is useful in searching a case law. Through this method,
case law can be searched from any known case of the Court. This method also works for
Privy Council, or High Courts cases. This method is also important for rechecking. This
rechecking is required with two objectives-
i) to know if there is any later rulings on the subject; and
ii) ii) to know the standing statutes of the case selected and sought to be used.

4) Internet/Computer Legal Software’s:

Steps to be followed while searching the case law for a given problem or situation:
i) Identify the law e.g. whether it is the criminal law or civil law that is
involved in the given situation; that identified law to which the given
ii) The next step is to determine the relevant tople of problem or situation
relates;
iii) Now either refer to a standard law Book or law Journal, manual, or digest,
etc. on that branch of law and find the names of the decided cases closest
on the point, or decided cases closest on the point with the similar facts of
the given problem or situation.
iv) Refer to the Table of Cases and find out the citation of the case and peruse
the whole judgment of that decided case similar to the given problem or
situation;
v) If the citation is known to you, then find out the Volume of that Law Report
of that year and refer to the particular part of the judgment at the relevant
page number.

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Example of a given problem or situation and search of the relevant Case Law by
following the above steps-
Question:
If a girl of a tender age voluntarily clopes or runs away with a boy, would it amount
to kidnapping?
Answer:
Step (1) Law involved - Kidnapping is an offence under the Indian Penal Code, 1860.
Step (2) Topic - Topic of law is offence of "Kidnapping and Abduction" defined under
Section 361.
Step (3) Standard law Book - Standard law book is Ratanlal & Dhirajlal
Step (4) Table of cases - All the relevant case laws are given under Section 361 in the
comments provided to Section 361 or in the separate Table of Cases given in the book or
foot-notes. We will arrive at a plethora of case law relevant to our problem.

Following Examples would enable the students to search for the case law on any topic
which can be asked in the University Examination-

1) Example:
Describe the search for a Case Law on whether payment of money to obtain a seat in
a medical or engineering College amounts to illegal consideration.

Answer:
The topic of illegal consideration is contained in the Indian Contract Act, 1872.
Hence, one would go to a leading treatise/book on the subject of Law of Contracts, like one
by Fredrick Pollock and D. F. Mulla The Contents or Index would refer the reader to Section
23 of the Indian Contract Act, 1872, which lays down that when the object of consideration
of an agreement can be said to be unlawful.

2) Example:
Describe the search for a Case Law on whether it is necessary to prove actual loss of
reputation in a Criminal Case for defamation.

Answer:
Since, defamation is both, a tort, as well as, a crime, a reference is to be made to treatises on
both cases- these laws. Four most important methods of locating cases -
i) Statute approach;
ii) Subject/Topic approach.
iii) Case method approach:
iv) Search on internet,

3) Example:
Describe the search for the Case Law on whether master is vicariously liable for a
civil wrong.

Answer:
As tort is a civil wrong, one would have to go straight to a text book on the law of
torts, as for instance. the one by Ratanlal and Dhirajlal. The topic of vicarious liability, i.c.
liability for the acts and omissions of another person would have to be located and the full
procedure of locating cases would have to be followed

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a) Statute approach.
b) Subject/Topic approach,
c) Case Method approach.
d) Search on Internet

4) Example:
Describe the search for the case law on whether, in India, a minor can be beneficiary
under a Contract. [April, 2012).

Answer:
This is a case related to the Law of Contract (refer Indian Contract Act, 1872)
regarding minor as a party to the contract. As per the law of contract (refer Section 11 of
the Act), minor's agreement is void (Mohori Bibee vis. Dharmodas Ghosh). But, a minor can
become a promisee or a beneficiary. That is to say, he can derive a benefit under a contract,
but no obligation can be enforced against him. (See "Contract-1 Book by the Author).

5) Example:
A fifteen year old girl elopes with her boyfriend out of her free will and consent.
Describe the search for case law on the question whether the boyfriend can be
charged for kidnapping her.

Answer:
This case relates to criminal law and in particular to the offence of kidnapping from
lawful guardianship under the Indian Penal Code, 1860. The search for relevant case law
can be undertaken in all or any of the following ways-i) Statute-wise: one can look up the
relevant Section of the IPC in the AIR Manual where one will find commentary and a list of
judgments in the issue. ii) Subject-wise, one can look up the standard reference book of the
IPC, especially the one written by Ratanlal and Dhirailal wherein one can read the
commentary with annotated case law on the Section of the IPC related to kidnapping (The
Book on "Law of Crimes" including "IPC" written by the Author also provides sufficient
commentary on the law of kidnapping), iii) Case-wise. From every judgment on the topic,
one can find many such cases by looking the list of referred judgments that are given in the
body of the judgment. iv) From the internet.

6) Example:
A child who was playing in public park maintained by the municipal corporation is
crushed to death when the slide structure crashes down on him. Describe the search
for case law to enable the parents to sue the corporation for negligence.

Answer:
Search for case law:
This is a case in tort, law of negligence in maintaining the garden structures by the
public authorities Hence, by way of the statute and topic approach, one must look for case
law relating to this kind of c in the reference books on tort law authored by Ratanlal and
Dhirailal or Street and Maxwell, in the chapter relating to negligence. Adopting the case
method approach, one can get a list of cases on simil issues from any of the judgements
reported on topic. There is also the internet approach whereby one can search for further
case law by accessing the varied legal databases on the Net like SCC Onlins, AIR Online,
Manupatra, Lexus Nexus, etc. There are also databases run by the Government which are
free and which can be accessed at www.judis.nic.in

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7) Example:
How would you search for case laws in the following instance? Can a new person be
introduced in a firm as a partner?

Answer:
1) Statute approach; ii) Topic approach; iii) Case method approach; iv) Internet; v) The
present case pertains to Partnership Act-Cite authorities on the same.

8) Example:
How would you search for case laws in the following instance? Can a Writ be filed
after the final order of the court has been declared?

Answer:
In order to search a Case law, the following stages/methods are/is to be followed-
(1) Which statute the given matter i.e. Writ relates (Refer to the Constitution of India):
(2) Which topic it relates (Refer to the appropriate Writ for the remedy available):
(3) Go to the internet for relevant Case Law which might support your case.
(4) Find out names of the books on Constitutional Law to be referred

9) Example:
How would you search for a case law in the following instances: (Any one).
i) When a wife refuses to go to her matrimonial home, is she guilty of desertion?
ii) If a citizen of India is unemployed and does not find any work inspite of the fact that
provision of right to work is a Directive principle of state policy. Can he seek the protection
of the Court for its reinforcement ?

Answers:
1) Statute approach.
2) Topic approach,
3) Case Method approach.
4) Internet- i) Family Laws-site authority on it. ii) Constitution of India-site authorities on
it.

10) Example:
Describe the search for a Case Law whether consideration must be adequate in the
Law of Contract. (April, 2013).

Answer:
The above topic is covered by the Indian Contract Act, 1872. One would first take a
good commentary on the subject as for instance, Pollock and Mulla, Avatar Singh, etc.
thereafter, one would have to locate the relevant Sections, namely, Section 10, and Section
25 of the Indian Contract Act, 1872 in the present case. This can be done by going through
the contents in the beginning of the book, or the index at the end thereof. Once the
correct/relevant Section is located, one has to follow the procedure outlined.

11) Example:
Describe the search of a case law on kidnapping from lawful guardianship. [April,
2014].

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Answer:
This case relates to Criminal Law i.e. the Indian Penal Code, and in particular to the
offence of Kidnapping from Lawful Guardianship defined under Section 361 of the I.P.C.,
1860.

e. abbreviations of law reports

Abbreviation Journal Name

ACC Accident and Compensation Cases
ACC(SC) Accident and Compensation Cases (SC)
ACJ Accidents Claims Journal
AIHC All India High Court Cases
FAJ All India Prevention of Food Adulteration Journal
AIR All India Reporter
AIR(Mys) All India Reporter (Mys)
ALLMR ALL MAHARASHTRA LAW REPORTER
ALLMR (SC) ALL MAHARASHTRA LAW REPORTER SC
ALLMR(Cri) ALL MAHARSHTRA LAW REPORTER (Cri)
ARC Allahabad Rent Cases
AWC Allahabad Weekly Cases
AWCSC Allahabad Weekly Cases (Supp - SC)
AWCUHC Allahabad Weekly Cases UHC
ALT Andhra Law Times
ALT(Cri) Andhra Law Times (Criminal)
ALT(SC) Andhra Law Times(SC)
ALD(Cri) Andhra Legal Decision (Criminal)
ALD Andhra Legal Decisions
ALD-SC Andhra Legal Decisions (SC)
APLJ Andhra Pradesh Law Journal
AnWR Andhra Weekly Reporter
AD Apex Decision
ARBLR Arbitration Law Reporter
BC Banking Cases
BC-SC Banking Cases with court
BLJR Bihar Law Journal Reports
BomCR Bombay Cases Reporter
BomCR(Cri) Bombay Cases Reporter (Criminal)
BomCRSupp Bombay Cases Reporter(Supp)
BOMLR Bombay Law Reporter

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BusLR Business Law Reports

CHN Calcutta High Court Notes
CHN(SC) Calcutta High Court Notes (SC)
CALLT Calcutta Law Times
CWN Calcutta Weekly Notes
CivilCC Civil Court Cases
CivilCCSup Civil Court Cases (Supp)
CompCas Company Cases
CompLJ Company Law Journal
CompAT Competition Law Reports
CPJ Consumer Protection Judgments
CTLJ Contracts and Tenders Law Journal
CLA Corporate Law Adviser
CLA-BL-Sup Corporate Law Advisor – Business Law Supplement
Crime Crimes
Crimes Crimes (SC)
CriLJ Criminal Law Journal
CCR Current Criminal Reports
CCR(SC) Current Criminal Reports (SC)
CTC Current Tamil Nadu Cases
CTR Current Tax Reporter
CLT Cuttack Law Times
CLT(SC) Cuttack Law Times (SC)
CWN Calcutta Weekly Notes
DLT Delhi Law Times
DLT(SC) Delhi Law Times (SC)
DRJ Delhi Reported Journal
DRJSupp Delhi Reported Journal (Suppl)
DRJSupp NV Delhi Reported Journal (Suppl)without Volume
DMC Divorce and Matrimonial Cases
DMC(SC) Divorce and Matrimonial Cases (SC)
ESC Education and Service Cases
ELR Energy Law Reports
ECC Excise & Customs Cases
ECR Excise and Custom Reprots (Without Volume)
ELT Excise Law Times
FLR Factory Law Reporter

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GLD Gauhati Law Decisions

GLDSupp Gauhati Law Decisions Supp
GauLR Gauhati Law Reports
GLT Gauhati Law Times
GLT(SC) Gauhati Law Times (SC)
GLH Gujarat Law Herald
GLR Gujarat Law Reporter
GLR (FB) Gujarat Law Reporter (FB)
GLR (SC) Gujarat Law Reporter (SC)
ITR Income Tax Reporter
ITD Income-tax Tribunal Decisions
Ind.Cas. Indian Cases
ILR Indian Law Reports
ILR (Bom) Indian Law Reports (Bombay)
ILR (PC) Indian Law Reports (P C)
ILR Pre Indian Law Reports (Pre)
ITDSB ITD Special Bench
JCR Jharkhand Cases Reporter
JKJ JK Judgments
JKJ [SC] JK Judgments [SC]
JCC Journal Of Criminal Cases
JCC(SC) Journal Of Criminal Cases (SC)
JT Judgment Today
JT (Suppl) Judgment Today Supplement
KCCR Karnataka Civil and Criminal Reporter
KarLJ Karnataka Law Journal
KLJ Kerala Law Journal
KLT Kerala Law Times
KLT (SC) Kerala Law Times (SC)
LabIC Labour and Industrial cases
LLJ Labour Law Journal
LS Law Summary
MPLJ M.P. Law Journal
MPLJ(SC) M.P. Law Journal(SC)
MLJ Madras Law Journal
MLJ(SC) Madras Law Journal (SC)
MhLj Maharashtra Law Journal

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MhLJ(SC) Maharastra Law Journal SC

MIPR MIPR
M.I.A. Moores Indian Appeals
MPHT MP High Court Today
MPHT(CG) MP High Court Today with court
MysLJ Mysore Law Journal
MysLJ(SC) Mysore Law Journal (SC)
OLR Orissa Law Reviews
OLR (SC) Orissa Law Reviews (SC)
PTC Patent & Trade Marks Cases
PLR Punjab Law Reporter
RLR Rajasthan Law Reporter
RLW Rajasthan Law Weekly
RAJ Rajdhani Law Reporter
RArJ Recent Arbitration Judgments
RAJ(SC) Recent Arbitration Judgments (SC)
RLT Revenue Law Times
STC Sales Tax Cases
SCR no vol SCR Supp without Volume
SCL Sebi and Corporate laws
SOT Selected Orders of ITAT
SCT Service Cases Today
STJ Service Tax Journal
STR Service Tax Review
SLJ Services Law Journal
SLR Services Law Reporter
SLR(SC) Services Law Reporter (SC)
ShimLC Shimla Law Cases
SCALE Supreme Court Almanac
SCC Supreme Court Cases
SCC (Supp) Supreme Court Cases (Supp)
SCR Supreme Court Reporter
TTJ Tax Tribunal Judgments
TAXLR Taxation Law Reporter
TAXMAN TAXMAN
STT Taxman's Service Tax Today
Ind.Ap. The Law Report - Indian Appeals

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Ind.Ap.sv The Law Report - Indian Appeals(Supp. Vol.)

UJ The Unreported Judgments
UPLBEC U.P. Local Bodies & Educational Cases
VST VAT AND SERVICE TAX CASES
VR Vat Reporter
WLN Weekly Law Notes
WLNRev Weekly Law Notes Revenue
WLNUC Weekly Law Notes UC
WLNWV Weekly Law Notes Without Volume
WLC Western Law Cases
WLC(Raj)UC Western Law Cases (Raj) UC

2.2 Statutes (Enactments) - Meaning and Classification

The term statute is also used to refer to an International treaty that establishes an
institution, such as the Statute of the European Central Bank, a protocol to the international
courts as well, such as the Statute of the International Court of Justice and the Rome Statute
of the International Criminal Court. Statute is also another word for law. The term was
adapted from England in about the 18th century. A statue may be classified with reference
to its duration, nature of operation, object and extent of application.

Classification with reference to duration such a mode classifies a statute as:

1. Temporary statute
2. Permanent statute.
A temporary statute is one which where its period of operation and validity has been fixed
by the statute itself. Such an act continues in force unless repealed earlier, until the time so
fixed. After the expiry of the act if the legislature wishes to continue it, a new enactment is
required. The Finance Act is the temporary act and is required to be passed every year.
Whereas, a permanent statute is one where no such period has been mentioned but this
does not make the statute unchangeable but such statue may be amended or repealed by
another act.
Classification with reference to method such mode classifies a statute as:

a. Mandatory, Imperative or Obligatory statute.

b. Directory or Permissive statute.

A mandatory statute is one which compels performance of certain things or compels that
certain things must be done in a certain manner or form. A directory statute merely directs
or permits a thing to be done without compelling its performance. In some cases, the
conditions or forms prescribed by statute have been regarded as essential to the act or
thing regulated by it and their omission has been held fatal to its validity. In others such
prescriptions have been considered as merely directory, the neglect of them involving
nothing more than liability to a penalty if any were imposed, for breach of enactment.
In H.V. Kamath v. Ahmad Ishaque it was held that mandatory provision has to be
strictly observed whereas substantial compliance of a directory provision is enough.

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Classification with reference to object:

A statute may be classified with reference to its object as:
a. Codifying Statute
A codifying statute is one which codifies the law, or in other words which purports
to state exhaustively the whole of law upon a specific subject. The code contains the
pre- existing provisions in different statute on the subject as well as the common
law on it. For instance, the Bill of Exchange Act 1882 in England is an act to codify
the law relating to Bills of Exchange, Cheques and Promissory notes.
The Hindu Succession Act, 1956 is a codifying statue with respect to intestate
succession among Hindus. The foremost purpose of the codifying statute is to
present an orderly and authoritative statement of the leading rules of the law on a
given subject whether those rules are to be found in a statute or common law.

b. Consolidating Statute
A consolidating statute is one which consolidates the law on a particular subject at
one place; it collects all statutory enactments on a specific subject and gives them
the shape of one statue with minor amendments if necessary. For example in
England the Law of Property act 1925which consolidates the acts of 1922 and 1924
is a consolidating act.
Similarly in Australia the New South Wales Justice act, 1902 is a consolidating
act. In India the Code of Criminal Procedure, 1973 is consolidating statute relating to
criminal procedure. A consolidating statute may not be a mere compilation of earlier
statute. The purpose of consolidating act is to present the whole body of statutory
law in a subject in a complete from repealing the earlier acts.

c. Declaratory statute
It is a statute which removes doubts either in the common law or statutory law.
Passing of a declaratory statute becomes desirable when certain expressions in
common law or statutes are being misunderstood. This may happen, for instance
where the courts have been interpreting a particular expression as connoting a
specific meaning which the legislature feels is a wrong notion of the expression.
In such cases the legislature may pass a declaratory statute declaring the
correct meaning of that expression. In the case of The Central Bank of Indiav. Their
Workman, it was held that a declaratory statute contains a preamble and also the
word declared as well as the word enacted. Mere use of the expression 'it is hereby
declared' does not necessarily make the statute a declaratory statute. In India, the
Income Tax (amendment) Act, 1985 which added explanation 2 to section 40 of the
Income Tax Act, 1961 and the Finance Act, 1987 amending the definition of "Owner
of house property" in section 27 are declaratory acts.

d. Remedial statute
A remedial is one whereby a new favour or a new remedy is conferred. The main
object of passing such a statute is to make improvements in the enforcement of
one's rights or for redress of wrongs and remove defects or mistakes in the former
law. Some illustrations of remedial statutes are the Maternity Benefits Act, 1961 and
the Workmen's compensation act 1923. In remedial acts the words "for remedy
whereof" have been used immediately before the language of the enactment.
Blackstone holds the view that remedial statutes could be enlarging as well as
restraining. The acts could be enlarging when narrow common law was widened or
restraining when existing common law right was cut down. In Central Railway
Workshop, Jhansi v. Vishwanath, it was held that all the legislations in a welfare
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state is enacted with the object of promoting general welfare, but certain types of
enactments are more responsive to some urgent social demands and also have more
immediate and visible impact on social vices by operating more directly to achieve
social reforms.

e. Enabling statute.
According to Craies, "many statutes have been passed to enable something to be
done which was previously forbidden by law, with or without prescribing the way it
is to be done". An enabling statute is one which enlarges the common law where it is
narrow. It makes doing of something lawful which would not be otherwise lawful.

In Bidi, Bidi Leaves and Tobacco Merchants Association v. State of Bombay, it was
held that by an enabling act the legislature enables something to be done. It
empowers at the same time by necessary implications to do the indispensable
things for carrying out the object of the legislature. The conditions which have been
put by an enabling act for the public good must be compiled with as they are
indispensable. Section 49-A (1) and 49-A (2) of the Advocates act 1961 as amended
by act 21 of 1964 is an example of enabling act.

f. Disabling statute
A disabling statute is one which restricts or cuts down a right conferred by the
common law. An act restraining a common law right is a disabling act.

g. Penal Statute
A penal statute is one which punishes certain acts or wrong. Such Statute may be in
the form of a comprehensive criminal code or large number of sections providing
punishment for different wrongs for example - Criminal Procedure Code, Indian
Penal Code, Prevention of Food Adulteration act, 9154, Arms act 1959.
The penalty for disobedience may be in the form of fine, forfeiture of property,
imprisonment, death sentence etc. Where the obedience to law is enforced not by an
individual action but by a command of the law in the form of punishment the statute
is penal. A penalty can be imposed only when the letter of the law says so
unambiguously and any doubt has to be resolved in favour of the alleged offender.

h. Taxing Statute
According to Lord Halsbury and Lord Simonds stated:
"The subject is not to be taxed without clear words for that purpose; and also that
every Act of Parliament must be read according to the natural construction of its
words."
A taxing statute is one which imposes taxes on income or certain other kinds of
transaction. It may be in the form of income tax, wealth tax, sales tax, gifts tax etc. It
is a source of revenue generation for the state. The money so collected is utilized for
welfare of the people. Tax can be levied only when a statute unequivocally so
provides by using express language to that effect and any doubts is resolved in
favour of the assessee.

i. Explanatory Statute.
An explanatory statute is one which explains a law. In Keshavlal v. Mohanlal, it was
held that an explanatory statute is enacted with the view to supply an apparent
omission or to clarify ambiguity as to the meaning of an expression used in the
previous statute. An act enacted for the express purpose of explaining or clearing
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the doubts as to the meaning of a previous Act is an act of explanation or an

explanatory statute. For instance the Royal Mines Act, 1688 in Britain was passed to
encourage mining certain base metals with Royal Mines act 1963 was enacted for
better explanation of the earlier act. The latter is an example of explanatory statute.

j. Amending Statute.
An amending statute is one which makes an addition to or operates to change the
original law so as to effect an improvement therein or to more effectively carry out
the purpose for which the original law was passed.9 An amending statute cannot be
called a repealing statute. It is a part of law it amends. Direct Taxes Amendments act
1974; Direct Taxes Amendments acts 1986, Land Acquisition (amendments) 1984
are examples of amending statute.

k. Repealing Statute.
A repealing statute is one which repeals an earlier statute. This revocation or
termination may be express or explicit language of the statute or it may be
necessary implications also. For example The Hyderabad District Municipalities Act,
1956 was a repealing act which repealed the Hyderabad Municipal and Town
Committees Act 1951.

l. Curative or validating Statute.

A curative or validating statute is one which is passed to cure defects in prior law, or
to validate legal proceedings, instruments or acts of public and private
administrative authorities which in the absence of such an act would be void for
want of conformity with existing legal requirements but which would have been
valid if the statute had so provided at the time of enacting. A validating legislation
normally contains the expression notwithstanding any judgment, decree or order of
any court. The purpose is just to validate some actions which would be otherwise be
unlawful or which may have been declared invalid by a court.

In Amarendra Kumar Mohapatra and others v. State of Orissa and others,

The Hon'ble Supreme Court of India with respect to Articles- 254, 254, and 50 of the
constitution while adjudication of rights is essentially a judicial function, the power to
validate an invalid law or to legalize an illegal action is within the exclusive province of
legislature. Exercise of that power by the legislature is not therefore an encroachment on
judicial power of the court. But when the validity of such validation act is in question the
Court would have to carefully examine the law and determine whether:

i. The vice of invalidity that rendered the act rule, proceedings or action invalid has
been cured by the validating legislation,
ii. Whether the legislature was competent to validate the act action proceedings or
rule declared invalid in the previous judgments and
iii. Whether such validation is consistent with the rights guaranteed in part III of the
constitution.
It is only when the answer to three questions is in the affirmative that the validation
act can be held to be effective.

Conclusion.
To conclude the above mentioned things it would be appropriate that each and every
statute has its specifications and are enacted for the welfare of the citizens. The biggest
statute which governs our country and portrays the adequate standard of living as well as
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provides remedies to approach to Hon'ble Supreme Court of India whenever there is

violation of fundamental rights i.e. basic rights guaranteed to each and every citizens of
India without any discrimination, is our Constitution of India.
The most important thing is that all the laws are interconnected with the
Constitution of India. Whenever a statue is being prepared in India by the legislature, the
foremost thing which is inscribed in the minds of the legislature that the statute which they
are preparing does not violate the provisions mentioned in the Constitution of India
otherwise it will be declared unconstitutional. There must be a nexus between the Indian
constitution and that particular statute in order to get it implemented in India and the very
same thing applies to pre-constitutional laws, customs etc. If anything is contrary in the
pre-constitution with the constitution of India, it will be declared unconstitutional.
The very unique feature of our Constitution is that there are doctrines and test
mentioned in Article-13 and Article-14, on which a new law or an old customs is tested
even if there is slightest possibility of violation of fundamental rights. They are doctrine of
severability, eclipse, waiver, territorial nexus and test of intelligible differentia mentioned
in Art. 14 of the Indian constitution and also there is a test popularly known as test of
proportionality being implemented by the Hon'ble SC to check the law in its cases
whenever there is violation and the law is contrary to the fundamental rights.

2.3 Commencement of Statutes- Prospective application, Retrospective effect, Repeal of

Statutes, Provisions dealing with repeal under the General Clauses Act.

“Prospective Vs. Retrospective” Statutes

• Coke Maxim: “A new law ought to be prospective, not retrospective in its operation.”
Ordinarily, a legislature has power to make prospective laws, but Art.20 of the
Indian Constitution, 1950 provides certain safeguards to the persons accused of
crime and so Art. 20(1) of the Indian constitution imposes a limitation on the law
making power of the constitution. It prohibits the legislature to make retrospective
criminal laws however it does not prohibit a civil liability retrospectively i.e. with
effect from a past date. So a tax can be imposed retrospectively. Clause (1) of the
Article 20 of the Indian Constitution guarantees rights against ex-post facto laws. It
provides that “ no person shall be convicted of any offence except for violation of a
law in force at the time of the commission of the act charged as an offence, nor be
subjected to a penalty greater than that which might have been inflicted under the
law in force at the time of the commission of the offence.” The American
Constitution also constitutes a similar provision prohibiting ex-post facto laws both
by the Central and State legislatures.
• Meaning:
The dictionary meaning of the word prospective with reference to statutes shows
that it is concerned with or applying the laws in future or at least from the date of
commencement of the statute. Whereas the word retrospective when used with
reference to an enactment may mean:
 Effecting an existing contract or
 Reopening of the past , closed and completed transactions, or
 Affecting accrued rights and remedies, or
 Affecting procedure.
The retrospective operation of an enactment may mean one thing and its affecting
the rights of parties another. Normally, an enactment is prospective in nature. It
does not affect that which has gone, or completed and closed up already. Ordinarily,
the presumption with respect to an enactment is that, unless there is something in it
to show that it means otherwise, it deals with future contingencies, and does not
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annul or affect existing rights and liabilities or vested rights, or obligations already
acquired under some provisions of law although its effect is that it does not affect an
existing right as well. If an enactment expressly provides that it should be deemed to
have come into effect from a past date, it is retrospective in nature. It then operates
to affect existing rights and obligations, and is construed to take away, impair or
curtail, a vested right which had been acquired under some existing law. If an
enactment is intended to be retrospective in operation, and also in effect, the
legislature must expressly, and in clear and unequivocal language, say so, in the
enactment itself. A retrospective operation is not given to a statute, so as to impair
an existing right or obligation, otherwise than as regards matters of procedure
unless that effect cannot be avoided without doing violence to the language of the
enactment. If the enactment is expressed in a language which is capable of either
interpretation, it ought to be construed prospectively.
In Young v. Adams, it was observed that retrospective operation ought not to be given to a
statute, unless an intention to that effect is expressed in plain and unambiguous language.
However, it does not seem probable that the legislature should intent to extinguish by
means of a retrospective enactment, rights and interests which might already have vested.
The retrospective operation should not be favoured, unless the legislature clearly and
distinctly authorizes the doing of something which is physically inconsistent with the
existence of an existing right and a statute is not construed to have a greater retrospective
operation than what its language renders it necessary, because it may be that the
retrospective operation may be partial and not full at some places in the enactment.
In Smt. Dayawati v. Inderjit , It was held that "Now as a general proposition, it, may be
admitted that ordinarily a Court of appeal cannot take into account a new law, brought into
existence after the judgment appealed from has been rendered, because the rights of the
litigants in an appeal are determined under the law in force at the date of the suit. Even
before the days of Coke whose maxim - a new law ought to be prospective, not
retrospective in its operation - is off-quoted, Courts have looked with dis-favour upon laws
which take away vested rights or affect pending cases. Matters of procedure are, however,
different and the law affecting procedure is always retrospective. But it does not mean that
there is an absolute rule of inviolability of substantive rights. If the new law speaks in
language, which, expressly or by clear intendment, takes in even pending matters, the Court
of trial as well as the Court of appeal must have regard to an intention so expressed, and
the Court of appeal may give effect to such a law even after the judgment of the Court of
first instance."

Criminal Law:
Article 20 of the Indian Constitution is divided into two parts. Under the first part,
no person shall be convicted of any offence except for violation of ‘law in force’ at the time
of the commission of the act charged as an offence. A person is to be convicted for violating
a law in force when the act charged is committed. A law enacted later making an act done
earlier as an offence, will not make person liable for convicted for violating a law in force
when the act charged is committed. A law enacted later, making an act done earlier as an
offence, will not make person liable for convicted under it. This means that if an act is not
an offence at the date of its commission it cannot be an offence at the date subsequent to its
commission. In Prahlad Krishna vs. State of Bombay, it has been held that an immunity is
thus provided to a person from being tried for an act under a law enacted subsequently,
which makes the law unlawful.
In Pareed Lubha Vs. Nilambaram, it has been held that if the non-payment of the
Panchayat Tax was not an offence on the day it fell due, the defaulter could not be convicted
for the omission to pay under a law passed subsequently even if it covered older dues. The
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protection afforded by Clause (1) is available only against conviction or sentence for a
criminal offence under ex-post fact law and not against the trial. Under the American law
the prohibition applies even in respect of trial. So the guarantee provided the American
constitution is wider than that under the Indian constitution. A trial under a procedure
different from what it was at the time of the commission of the offence or by a special court
constituted after the commission of the offence cannot ipso facto be held unconstitutional.
The protection of clause (1) of the Article 20 cannot be claimed in case of preventive
detention or demanding security from a person. This immunity extends only against
punishment by courts for a criminal offence under an ex-post facto law and cannot be
claimed for acts done before the relevant law has been passed or demanding a security
from a press under the press law. The prohibition is just for conviction and sentence only
and not for prosecution and trial under a retrospective law. An ex-post facto law which
imposes penalty retroactively i.e. upon acts already done or which increases the penalty for
such acts but not retrospective law.
Strictly speaking a retrospective law only looks backward on things that are past
and ex-post facto law is a retroactive law that acts on things that are past, but the terms
retroactive and retrospective are used synonymously. Retrospective law is made to affect
acts or facts occurring, or rights occurring before it came into force. Every statute which
takes away or impairs vested rights acquired under existing laws, or creates a new
obligation, imposes a new duty, or attaches a new disability in respect to transactions or
considerations already past. Retroactive statute means a statute which creates a new
obligation on transactions or considerations already part or destroys or impairs vested
rights.
The second part of Article 20(1) protects a person from ‘a penalty greater than
that which he might have been subjected to at the time of the commission of the offence.
Thus a person cannot be made to suffer more by an ex-post facto law than he would be
subjected to at the time he committed the offence. This clause applies to punishment for
criminal offences only. In Kedarnath vs. State of West Bengal, the accused committed an
offence under the Prevention of Corruption Act then in force was punishable by
imprisonment or fine or both. The Act was amended in 1949 which enhanced the
punishment for the same offence for an additional fine equivalent to the amount of money
procured by the accused through the offence. The Supreme Court held that the enhanced
punishment prescribed in 1949 could not be applicable to the act committed by the
accused in 1947 and hence set aside the additional fine imposed by the amended Act.

Taxation:
While tax laws by themselves are complicated, even more so are the provisions of
the Income-Tax Act, 1961. Even after five decades there is uncertainty with regard to
interpreting both the substantive and procedural provisions of the law. The focus and
battle lines have shifted from domestic tax to international tax. Retrospective amendments
to the tax law completely upset the applecart and make a mockery of business models
which take into account certain concessions and incentives. Despite repeated
representations not to make retrospective amendments, the usual quota of amendments
are made every year.
Recently, the Special Bench of the Delhi Tribunal, in the ITO New Delhi vs Ekta
Promoters Private Ltd case, had to consider whether the levy of interest under Section
234D of the Act from June 1, 2003, will have retrospective application to case.

Facts and decision:

The only set of facts in this important case is that the I-T department sought to levy
interest under Section 234D for assessment years (AYs) 1998-99 to 2000-2001 by issuing
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notices under Section 148 of the Act. The company contested the levy and the CIT
(Appeals) held that interest under Section 234D could not be charged for AYs before June 1,
2003. The department took the matter to the Tribunal. The Special Bench of the Tribunal
held that levy of interest under Section 234 can be applied only from AYs 2004-2005
onwards and not for the earlier years.
The Bench reasoned that “there is no dispute to the proposition that a court cannot
read anything into a statutory provision which is plain and unambiguous. A statute is the
edict of the legislature. The language employed in a statute is determinative of the
legislative intent and according to the first and primary rule of construction, the intention
of the legislation must be found in the words used by the legislature itself and the function
of the court is only to interpret the law and the court cannot legislate. If a provision of law
is misused and subjected to the abuse of the process of law, it is for the legislature to
amend, modify or repeal it, if deemed necessary.
“Legislative causus omissus cannot be supplied by judicial interpretative course.
Thus, on the basis of argument that legislature has brought this provision just to fill the
lacuna in the law and therefore these provisions should be construed retrospective cannot
be accepted more particularly when these provisions have been inserted on the statute
with effect from June 1, 2003, and not with retrospective effect. The legislature has
specifically mentioned the date of applicability, that is, June 1, 2003, and the legislator was
not incompetent to make retrospective provision, if it was so intended. Therefore, merely
on the basis of interpretation, retrospective effect cannot be given to the provisions of
Section 234D.”
ccordingly, the Special Bench held that the levy on interest under Section 234D of
the Act would apply prospectively from AY 2004-05 onwards.

Provisions and analysis

Section 234D of the Act was introduced by the Finance Act, 2003 with effect from
June 1, 2003, wherein an assessee getting a refund under the provisional assessment and
liable to pay up the same on the regular assessment is liable to return the same with
interest at 18 per cent per annum from the date of the refund to the date of the regular
assessment.
The objective of this levy is to prevent assessees from enjoying free money in their
hands without interest. There is no major concern on the levy per se. The issue became
controversial when the department sought to apply the provision for past assessment
years. The general principle is that provisions in a statute would operate prospectively
unless retrospective operation is expressly provided for. This principle is laid down in
Govind Das vs ITO and Sharma vs. ITO.
Courts have on several occasions held that retrospective legislation can be held
invalid on the ground that it is unreasonable or beyond the legislative competence. A new
levy of interest is clearly a substantive provision. It is introduced to achieve a particular
objective and take care of situations where refunds are held by assesses for a period and in
the case of a demand returned without interest, for the period in their custody.
The Finance Act of 2003 made it abundantly clear that it comes into effect from June
1, 2003. It is also settled law that penal laws cannot generally have retrospective operation.
This is confirmed by CIT vs Hindustan Electro and DCIT vs Ashok Paper. The debate on
retrospective and prospective application of amendment is endless and in a taxing statute
the demand for the earlier years on account of the retrospective application of law can
wipe out the net worth of companies. Assessees typically want the best of both worlds —
any new incentive to be retrospective and a fresh levy, prospective. The solution possibly
lies in balancing the two and making it clear that any new levy or change has to be only
prospective.
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Rule of Beneficial Construction

In the Maxwell’s Interpretation of Statutes, 12th Edn. the statement of law relating
to its operation is stated as: "Perhaps no rule of construction is more firmly established
than thus - that a retrospective operation is not to be given to a statute so as to impair an
existing right or obligation, otherwise than as regards matters of procedure, unless that
effect cannot be avoided without doing violence to the language of the enactment. If the
enactment is expressed in language which is fairly capable of either interpretation, it ought
to be construed as prospective only. The rule has, in fact, two aspects, for it, "involves
another and subordinate rule, to the effect that a statute is not to be construed so as to have
a greater retrospective operation than its language renders necessary”.
The rule of beneficial construction requires that ex-post facto law should
be applied to reduce the rigorous sentence of the previous law on the same subject. Such a
law is not affected by Article 20(1). The principle is based upon the legal maxim “Salus
Populi Est Suprema Lex” which means the welfare of the people is the supreme for the law.
It is inspired by principles of justice, equity and good conscience.
In Francis Bennion's Statutory Interpretation, 2nd Edn, the statement of law is
stated as follows: "The essential idea of legal system is that current law should govern
current activities. Elsewhere in this work a particular Act is likened to a floodlight switched
on or off, and the general body of law to the circumambient air. Clumsy though these
images are, they show the inappropriateness of retrospective laws. If we do something
today, we feel that the law applying to it should be the law in force today, not tomorrow's
backward adjustment of it. Such, we believe, is the nature of law. Dislike of ex-post facto
law is enshrined in the United States Constitution and in the Constitution of many
American States, which forbid it. The true principle is that lex prospicit non respicit (law
looks forward not back). As Willes, J. said retrospective legislation is 'contrary to the
general principle that legislation by which the conduct of mankind is to be regulated ought,
when introduced for the first time, to deal with future acts, and ought not to change the
character of past transaction carried on upon the faith of the then existing law."
In T. Baral Vs. Henry An Hoe a complaint was lodged against the respondent under
Sec.16(1)(a) on August 16, 1975 for having committed an offence punishable under
sec.16(1)(a) read with sec.7 of the Prevention of Food Adulteration Act as amended by the
amending Act of 1973. On the date of the commission of the alleged offence i.e. on 16th
August 1975, the law in force in the State of West Bengal was the Amendment Act which
provided that such an offence would be punishable with imprisonment for life. On 1st April,
1976 enacted the Prevention of Food Adulteration (Amendment) Act,1976 which reduced
the maximum punishment of life imprisonment as provided by the West Bengal
Amendment Act to 3 years imprisonment. The question for determination was whether the
pending proceedings would be governed by the procedure under sec.16-A as inserted by
Central Amendment Act 34 of 1976. The High Court held that the West Bengal Amendment
would be deemed to have been obliterated because of the central amendment. Confirming
the decision of the Supreme Court held:
“Nothing really turns on the language of Section 16(1)(a) because the Central
Amendment Act has not created a new offence thereby but dealt with the same offence. It is
only retroactive criminal legislation that is prohibited under Article 20(1). It is quite clear
that in so far as the central amendment Act creates new offences of enhances punishment
for a particular type of offence no person shall be convicted by such ex-post facto law nor
can the enhanced punishment prescribed by the amendment be applicable. But in so far as
the Central amendment Act reduces the punishment for an offence punishable under
section 16(1) (a) of the Act, there is no reasons why the accused should not have the
benefit of such reduced punishment.
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The rule of beneficial construction requires that even ex-post facto law of such a
type should be applied to mitigate the rigour of the law. This principle is based both on
sound reason and common sense. This finds support in a passage that “A retrospective
Statute is different from an ex-post facto statute”.
In Garikapati Veeraya v. N. Subbiah Choudhry, the SC stated that "The golden rule of
construction is that, in the absence of anything in the enactment to show that it is to have
retrospective operation, it cannot be so construed as to have the effect of altering the law
applicable to a claim in litigation at the time when the Act was passed."
In the American case Calder Vs. Bull , Chase,J., said “Every Ex-post facto law must
necessarily be retrospective, but every retrospective law is not an ex-post facto law”.
In R. Vs. Youle, Matin,B. said in the oft quoted passage: “ If a statute deals with a
particular clause of offences, and a subsequent Act is passed which deals with precisely the
same offences, and a different punishment is imposed by the later Act, I think that, in effect,
the legislature had declared that the new Act shall be substituted for the earlier Act.
This rule is however subject to the limitation contained in Article 20(1) against ex-
post facto law providing for a greater punishment and has also no application where the
offence described in the later Act is not the same as in the earlier Act i.e. when the essential
ingredients of the two offences are different”.
In Ratan Lal Vs.State of Punjab, a boy of 16 years was convicted for committing an
offence of house-trespass and outraging the modesty of a girl aged 7 years. The magistrate
sentenced him for six months rigorous imprisonment and also imposed fine. After the
judgment of magistrate, the Probation of Offenders Act, 1958 came into force. It provided
that a person below 21 years of age should not ordinarily be sentenced to imprisonment.
The Supreme Court by a majority of 2 to 1 held that the rule of beneficial interpretation
required that ex-post facto could be applied to reduce the punishment. So an ex-post facto
law which beneficial to the accused is not prohibited by clause (1) of Article 20.

Important Judicial Decisions:

In K. S. Paripoornan v. State of Kerala, this Court while considering the effect of
amendment in the Land Acquisition Act in pending proceedings held thus in Para 47
thereof as: ''...In the instant case we are concerned with the application of the provisions of
Sub-sec. (1-A) of S.23 as introduced by the Amending Act to acquisition proceedings which
were pending on the date of commencement of the Amending Act. In relation pending
proceedings, the approach of the Courts in England is that the same are unaffected by the
changes in the law so far as they relate to the determination of the substantive rights and in
the absence of a clear indication of a contrary intention in an amending enactment, the
substantive rights of the parties to an action fall to be determined by the law as it existed
when the fiction was commenced and this is so whether the law is change before the
hearing of the case at the first instance or while an appeal is pending"
In State of M.P. and another, vs.. G.S. Dall & Flour Mills, The Apex Court in Para 21
of the judgment the Apex Court has observed that "the notification of 3/71187 amending
the 1981 notification with retrospective effect so as to exclude what may be described in
brief as 'traditional industries' though, like Rule 14 of the deferment rules, the exclusion
extends' even to certain other non-traditional units operating in certain situations. Though
this notification purports to be retrospective, it cannot be given such effect for a simple
reason. We have held that the 1981 notification clearly envisages no exclusion of any
industry which fulfils the terms of the notification from availing of the exemption granted
under it. In view of this interpretation, the 1987 amendment has the effect of rescinding the
exemption granted by the 1981 notification in respect of the industries mentioned by it. S.
12 is clear that, while a notification under it.”

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In Hitendra Vishnu Thakur v. State of Maharashtra,it was stated that the ambit and
scope of an amending Act and its retrospective operation as follows :
"(i) A statute which affects substantive rights is presumed to be prospective in operation
unless made retrospective, either expressly or by necessary intendment, whereas a statute
which merely affects procedure, unless such a construction is textually impossible, is
presumed to be retrospective in its application, should not be given an extended meaning
and should be strictly confined to its clearly defined limits.
(ii) Law relating to forum and limitation is procedural in nature, whereas law relating to
right of action and right of appeal even though remedial is substantive in nature.
(iii) Every litigant has a vested right in substantive law but no such right exists in
procedural law.
(iv) A procedural statute should not generally speaking be applied retrospectively where
the result would be to create new disabilities or obligations or to impose new duties in
respect of transactions already accomplished.
(v) A statute which not only changes the procedure but also creates new rights and
liabilities shall be construed to be prospective in Operation unless otherwise provided,
either expressly or by necessary implication."
Conclusion:
The Cardinal Principle of construction of a statute is that every statute was prima facie a
prospective “unless it is expressly or by necessary implication made to have retrospective
operation”. When a procedural law is considered it is always retroactive i.e. came into
effect from past date so the question of retrospective operation shall arise in substantive
laws only. Also a criminal law shall always have retroactive operation whereas the civil law
may have retrospective or retroactive operation. So by observing the different opinions of
jurists and experts in India on retrospective and retroactive laws, a conclusion may be
drawn in such a way that only substantive civil laws can be operated retrospectively if the
statute specifically prescribes it or there exists large interest of the public as whole
otherwise all statutes shall be operated retroactively.

Repeal of Statutes
In general, the term repeal stands for to cancel or to revoke. But in the context of
law, it means to “abolish statutes”. Repeal of statutes means the abolition of the law, and
once if any statute is abolished then it is considered void and possesses no effects. In
addition, there is no basic difference between amendment and repeal. Both the term
amendment and repeal is used for stating a similar expression that is the substitution or
omission or addition.
As per Halsbury’s Laws of England, the term repeal stands for revoking and
abolishing an act and all its effects which cause it to cease to be a part of statutes of books
or body of law.
According to the Black’s law dictionary, the term repeal means a legislative act
which abrogates or obliterates an existing statute.
There exist two types of statutes temporary and perpetual. Temporary statutes tend to
have effects for a specific period of time. They have no effects after the expiry of the specific
period, however, the permanent or the perpetual statute is the one in which the statute
remains effective until it is substituted or repealed by the legislative act. The power to
repeal a statute is conferred to the legislature is similar to the powers it has for the
enactment of a statute. For example, the Companies Act, 2013 repealed the Companies Act
1956, the Criminal Procedure Code, 1973 repealed the previous Criminal Procedure Code,
etc. such power of repealing a statute is similar and coextensive to the power of making or
enacting a law. Both the union and the state legislature are empowered with such power
however they are restricted to delegate the power of repealing.
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What are the objects of the Repealing Act?

The primary object of this act is to bring necessary changes in the existing law for
changing socio-economic and cultural conditions from time to time. The purpose of this Act
is to remove the outdated or obsolete matter from the body of law. After the removal of
obsolete matter, it is the court that decides whether the new provision meets its goal and
has different intentions or not. This act is the editorial revision by abolishing obsolete and
unnecessary matter of the statute and adding new and proper information in the books of
the statute.

What are the kinds of repeal?

There are two types of repeal:
1. Express repeal
2. Implied repeal

Express repeal
Express repeal is an expression which means the abolition of the previously enacted
statute by the newly enacted provisions of a statute through expressed words embedded
under the new statute enacted. The statute which has been repealed is called repealed
statute and the one which replaces the earlier statute is called the repealing statute. In
general, when an earlier statute or some of its provisions are repealed through express
words embedded under the newly enacted statute stating that the provisions are now of no
effect is called the express repeal.

What are the essential features that constitute express repeal?

• The first and foremost feature is that there must be a repealing statute.
• The earlier statute must be repealed by the new enacting or repealing statute.
• The enacted statute must have clear intention showing the effect of the repeal.
So it is understood that any earlier statute or provision of the statute can be removed
or repealed by the enacted statute showing incompatibility with the previous one.
R. v. longmead, [(1975) 2 Leach 694: 168 E R 448]
In the instant case, it was held that the legislature in order to pass a repeal or
continue any statute is not restricted to use precise forms of words.
Implied repeal
The term implied means implicit or hinted. So when a statute becomes obsolete and
it is inferred that it is no longer and shall be repealed with the newly enacted statute then
this process of repealing is called implied repeal.
For example, if we enter a car showroom it is intended that we are there to buy cars.
It is implied, similarly, if there arises any inconsistency in the statute and due to certain
circumstances it becomes necessary to repeal the statute with the new one though such
situation is not expressly stated, then it is implicit for the implication of repeal.
When the reference is not direct then the matter is decided through the meaning and
nature of the words enshrined under the repeal clause. During the absence of provisions
relating to express repeal the continuance of any statute or legislation is presumed.
In the case of implied repeal, the burden lies over the person who asserted the
implication of repeal. However, it has also been mentioned that if the newly enacted statute
shows no clear intention or is inconsistent with the provisions of the earlier act then such
an assertion or presumption is rebutted and the act of repeal is done by inferring necessary
implications.
The concept of implied repeal is loosely based on the following maxim “Leges
posteriores priores contrarias abrogant”. This means that the earlier or previously enacted
law shall be obliterated or abolished by the new one.
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Under the following circumstances, the implied repeal is inferred

• The first circumstance is when both the subsequent and the earlier enacted acts are
inconsistent with each other one of the two can remain effective.
• When the subject of the earlier act is covered by the act and is intended to
substitute.
Test of the Implied Repeal
There is the assertion against the repeal by implication. The reason for making such
an assertion is that legislature while making or enacting the law has full knowledge about
the current laws on the subject matters. If the legislature has no provision regarding the
repeal of the statute then it is asserted that the legislature has no intention to repeal the
existing statute.
Municipal council, Palari v. T.J. Joseph AIR 1963 3C 1561, p. 1564
In the instant case, it was held that if an act or provision enacted is inconsistent from the
act previously enacted and one of the acts must be obliterated. The presumption, in this
case, rebutted and the implied repeal is inferred.
For the implied repeal of a statute following points are to be considered:
• Whether the previously enacted laws are in direct contradiction to the later enacted
laws.
• The conflict between the laws is of such a nature that can’t be resolved and
reconciliation between the laws is not possible.
• Whether the newly enacted act is not consistent with the previously enacted act and
one has to be obliterated.
• When both the laws are of such a nature that occupy and deals with the same field.

Delhi Municipality V. Shivshanker, [AIR 1971 SC 815]

In the instant case it was held by the supreme court of India that the test which is
applied in case of repugnancy under Article 254 of the Indian constitution while resolving
the conflicts arising between the laws enacted by the parliament and the laws created by
the state legislature, this test of determining repugnancy shall be applied in case of implied
repeal of a statute. This test includes:
• Whether there exists a direct contradiction between the two statutes or provisions.
• When the law tends to occupy the same field.
• When the legislature explicitly focused on the code of the particular subject matter
replacing the earlier law.

Ratanlal Adukia v Union of India (AIR 1990 SC 104)

In the instant case, the Supreme Court stated that the doctrine of implied repeal is
loosely based on the statement that the legislature assumed the current state of the law did
not intend to generate any vagueness by retaining the conflicting provisions. The court
while implicating this doctrine examines the nature and scope of the two enactments by
giving effect to the legislative intent.

Damji V. L.I.C (AIR 1966 SC 135)

In the instant case it was held that section 446 embedded under the companies act
1956 is a general provision whereas the section 15 and 41 enshrined under the Life
Insurance Corporation Act, 1956 are special provision so there exists a difference and the
companies court is not competent or have jurisdiction over the matters which falls under
the ambit of Insurance Corporation Act, 1956.

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What do you mean by Repeal by Desuetude?

As it has been already stated that there are two types of statutes namely temporary
statute and the permanent statute. There exists a very thin line difference between both the
statutes. A temporary statute is enacted for specific purposes and for a specific time period
and gets repealed after the expiry of that particular period or fulfillment of that purpose. A
permanent statute which is also known as a perpetual statute is enacted with a long term
goal and gets repealed by the subsequent statute.
There are certain acts which possess the nature of permanent statute but remains
inoperative or ineffective for a long period of time as they are not applied or taken into
consideration by the court for a long period of time. Due to this, the statute loses its
recognition and its applicability. Such disobedience of act is known as Repeal by Desuetude.

The Municipal Corporation for the city of Pune and another v. Bharat forge Co. Ltd
and others (J.T. 1995 (3) S.C. 312)
In the instant case, the following doctrine of desuetude was highly criticized as it was
assumed that the perpetrators or the accused who have committed certain crimes and are
punished for violation of certain laws or statute which has become ineffective can be
protected and escape their criminal liability.

What are the effects or consequences of repeal?

The effects of the repeal of a statute have been described under the following heads:
• In respect of common law
• The general effect of repeal
• General clause Act, 1897
Effects or repeal with respect to common law
• Common law is commonly known as the law made by the judge. It contains the
following effect regarding the repeal of the statute.
• The first effect is that the statute repealed is abolished and obliterated and becomes
dead as if the enactment of the statute.
• All the rights created and enshrined under the repealed act is removed.
• The repealed portion gets resuscitate if the repealing act is repealed by the new
subsequent act and such an act shows its intentions.

General consequences of repeal

• A newly enacted law repudiate the existing one.
• The statute after getting repealed becomes ineffective.
• Statute repealed is abolished by the repealing statute as if it had never been made
by the legislature.
• Except for a saving clause, each and every part of the statute is considered
unconstitutional.
• In order to validate a transaction made under a repealed statute, the law can
retrospectively amend the statute even after it is obliterated.

Effects embedded under the General Clause Act, 1987

If any act made after the incorporation and commencement of this Act, repeals any
statute made until now then until a different intention or object appears between the act
and the repeal shall not- effects the operation commenced under the provision of this Act.
Conclusion
It can be concluded that the Repeal of statutes means the abolition of the law, and
once if any statute is abolished then it is considered void and possesses no effects. In
addition, there is no basic difference between amendment and repeal. Both the term
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amendment and repeal is used for stating similar expression that is the substitution or
omission or addition. Both the union and the state legislature are empowered with such
power however they are restricted to delegate the power of repealing. The primary object
of this act is to bring necessary changes in the existing law for changing socio-economic
and cultural conditions from time to time. The purpose of this act is to remove the outdated
or obsolete matter from the body of law. After the removal of obsolete matter, it is the court
that decides whether the new provision meets its goal and has a different intention or
not. This act is the editorial revision by abolishing obsolete and unnecessary matter of the
statute and adding new and proper information in the books of the statute.

Provisions dealing with repeal under the General Clauses Act.

Section 6 in The General Clauses Act, 1897
Effect of repeal. —Where this Act, or any 1 [Central Act] or Regulation made after the
commencement of this Act, repeals any enactment hitherto made or hereafter to be made,
then, unless a different intention appears, the repeal shall not—
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or anything duly done or
suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any
enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such
investigation, legal proceeding or remedy may be instituted, continued or enforced, and
any such penalty, forfeiture or punishment may be imposed as if the repealing Act or
Regulation had not been passed.

https://www.youtube.com/watch?v=BRjZHDAfbOg

2.4 General English: Essay writing, comprehension, and rules of grammar Active-passive,
direct and indirect speech, degrees of comparison, kinds of sentences interrogative,
exclamatory, imperative, assertive, positive, and negative

a.Essay writing – to write an essay, you should generally:

decide what kind of essay to write, brainstorm your topic, research the topic, choose a
writing style, develop a thesis, outline your essay, write your essay, edit your writing to
check spelling and grammar

b. comprehension - Comprehension is an important aspect of reading. When you read,

strive to understand and extract meaning for better overall awareness of what you are
reading. By learning and implementing reading strategies and changing how you read, you
can improve your reading comprehension abilities and make reading easier and more
enjoyable.
The following are seven simple strategies you can use to work on your
comprehension skills:
• Improve your vocabulary. ...
• Come up with questions about the text you are reading. ...
• Use context clues. ...
• Look for the main idea. ...
• Write a summary of what you read. ...
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• Break up the reading into smaller sections. ...

• Pace yourself.

c. Rules of grammar Active-passive - Active & Passive Voice

Let us first understand the meaning of voice, and what is active voice and passive voice.
What is Voice of a verb?
The voice of a verb expresses whether the subject in the sentence has performed or
received the action.
Example:
• The watchman opens the door.
• The door is opened by the watchman.
Types of Voices of Verb
Verbs have two voices (i) Active Voice (ii) Passive Voice
Active Voice – When an action performed by the subject is expressed by the verb, it is an
active voice. Active voice is used when more straightforward relation and clarity is
required between the subject and the verb.
Active Voice example:
• Hens lay eggs.
• Birds build nests.
Passive Voice – When the action expressed by the verb is received by the subject, it is
passive voice. Passive voice is used when the doer of the action is not known and the focus
of the sentence is on the action and not the subject.
Passive Voice Examples:
• Eggs are laid by hens.
• Nests are built by birds.
Candidates preparing for any Government exam can check other important topics for the
English language section.
Active And Passive Voice Rules For Conversion of Sentence
Below are the active-passive voice rules to follow for changing an active sentence into a
passive voice. Before heading to the rules of active-passive voice, let’s check the examples
of active and passive voice sentences.
Conversion of Active and Passive voice examples
• Rita wrote a letter. (Subject + Verb + Object)
• A letter was written by Rita. (Object) + (auxiliary verb) + (past participle) + (by
subject).
• She cooks food. (Subject + Verb + Object)
• The food is cooked by her. (Object) + (auxiliary verb) + (past participle) + (by
subject)
Candidates can watch the video on Active-Passive voice rules and concept in English. This
will help them gain conceptual knowledge and understand the variety of questions asked in
the exams even better.

Rules of Active – Passive Voice in English Grammar – Part 1

Rules for Active – Passive Voice Conversions

Rule 1. Identify the (S+V+O) Subject, Verb and object in the active sentence to convert to
passive voice

Example:
He drives car. (Subject – He, verb – Drives, object – Car)
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Rule 2. Interchange the object and subject with each other, i.e. object of the active sentence
become the subject of the passive sentence.
Example :
Active voice : She knits sweater. (Subject – She, Verb – Knits, Object – Sweater)
Passive Voice : The sweater is knitted by her. (Object sweater is interchanged with the
subject She).
Rule 3. In passive voice sometimes the subject is not used, i.e. the subject in passive voice
can be omitted if the sentence without it gives enough meaning.
Example :
Milk is sold in litres
Rule 4. Change the base verb in the active sentence into the past participle ie. third form
verb in a passive sentence i.e. preceded by (By, With, to, etc). Base verbs are never used in
passive voice sentences.
Example:
• Active voice: She prepares dinner.
• Passive voice: The dinner is prepared by her.
• Active voice: She knows him.
• Passive voice: He is known to her.
• Active voice: Juice fills the jar.
• Passive voice: The jar is filled with juice.
Rule 5. While conversion of Active voice sentence to Passive voice sentence, the pronoun
used in the sentence also changes in the following manner.
Active Voice Pronoun Passive Voice Pronoun

I Me

We Us

He Him

She Her

They Them

You You

It It
Rule 6. Use the suitable helping or auxiliary verb (is/am/are/was, etc.). The rules for using
auxiliary verbs in passive voice sentences are different for each tense.
Example:
• The letter is written by her
• A book was not bought by her
• Chocolates are being eaten by them.
Forms of Active And Passive Voice For All Tenses
• Simple Present Tense

Active Sentences Passive Sentences

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He writes an essay An essay is written by him

Sheena does the housework The housework is done by Sheena

She cares for the rabbit The rabbit is being cared for by her

Jacob always plays the guitar The guitar is always played by Jacob

• Present Continuous Tense

Active Sentences Passive Sentences

They are eating bananas The bananas are being eaten by them

Bob is drawing a diagram A diagram is being drawn by Bob

Samta is playing the piano A piano is being played by Samta

She is waiting for Reema Reema is being waited for by her

• Present Perfect Tense

Active Sentences Passive Sentences

Has he done the work? Has the work been done by him?

Have they left the apartment? Has the apartment been left by them?

He created this masterpiece This masterpiece is created by him

He read the newspaper The newspaper is being read by him

Note- [except certain exemptions, no passive Voice formation for the following tenses can
be formed, Present Perfect Continuous Tense, Past Perfect Continuous Tense, Future
Perfect Continuous Tense and Future Continuous Tense]

• Simple Past Tense

•

Active Voice Passive Voice

Ria paid the bills The bills were paid by Ria

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The teacher called the student The student was called by the teacher

She did not buy the fruits The fruits were not bought by her

• Past Progressive/Continuous Tense

Active Voice Passive Voice

They were waiting for him He was being waited for by them

Astha was learning French French was being learnt by Astha

She was playing kabaddi Kabaddi was being played by her

• Past Perfect Tense

Active Voice Passive Voice

She won the match The match had been won by her

I had finished her work Her work had been finished by me

He had missed the last metro The last metro had been missed by him

• Simple Future Tense

Active Voice Passive Voice

He will write a letter A letter will be written by him

He will repair her cycle Her cycle will be repaired by him

He shall start the meeting The meeting will be started by him

• Future Perfect Tense

Active Voice Passive Voice

Meena will not have changed the The bed sheet will not have been changed by
bedsheet Meena

They will have won the match The match will have been won by them

Reena will have washed the skirt The skirt will have been washed by Reena

Rules of Active & Passive Voice in English Grammar – Part 2

Active – Passive Voice Rules & Examples
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Q.1. When do we use passive voice?

Ans. Passive voice is used when the doer of the action is not known and the focus of the
sentence is on the action and not the subject.
Q.2. How do we identify the passive voice sentence?
Ans. To identify the passive voice in a sentence, look at the thing happened and the subject
responsible for doing it. If the subject responsible for doing the actions either occurs after
the action has happened or is omitted, it is a passive voice sentence.
Q.3. What is Active Voice Example?
Ans. When an action is done by a subject, the verb of that sentence is in the active voice,
there is a straightforward relation and clarity between the subject and the verb, example –
Melvin hit the football where Melvin (Subject) acts in relation to the Football.
Q.4. How to write a passive voice sentence as per the active-passive voice rules?
Ans. To write a passive sentence from an active voice sentence, first, interchange the object
and subject i.e. object of the active sentence becomes the subject of the passive
sentence then change the verb to its past participle form.
Q 5. How to identify active-passive voice sentences?
Ans. If the subject is performing the action, then the sentence is in the active voice. If the
subject is simply receiving the action, then the sentence is in the passive voice.

d. Direct and indirect speech -

Rules For Direct And Indirect Speech For English Language
In this article, we will cover important rules of direct and indirect speech, relevant for the
English Language section of various competitive exams.
Aspirants of various Government exams such as SSC, RRB, IBPS, Insurance, etc. must go
through the concept and rules of direct – indirect speech carefully, as the English language
is a part of the syllabus for most of these exams.
What is Direct & Indirect Speech?
Direct speech – reporting the message of the speaker in the exact words as spoken by him.
Direct speech example: Maya said ‘I am busy now’.
Indirect speech: reporting the message of the speaker in our own words
Indirect speech example: Maya said that she was busy then.
Let us understand the direct and indirect rules with examples and for all tenses so that you
can apply them correctly, without making any mistakes in the exams.
Direct And Indirect Speech Rules
Rules for converting Direct into Indirect speech
To change a sentence of direct speech into indirect speech there are various factors that are
considered, such as reporting verbs, modals, time, place, pronouns, tenses, etc. We will
discuss each of these factors one by one.
Rule 1 – Direct To Indirect Speech Conversion – Reporting Verb
1. When the reporting verb of direct speech is in past tense then all the present tenses
are changed to the corresponding past tense in indirect speech.
Direct to indirect speech example:
Direct: She said, ‘I am happy’.
Indirect: She said (that) she was happy.
1. In indirect speech, tenses do not change if the words used within the quotes (‘’) talk
of a habitual action or universal truth.
Direct to indirect speech example:
Direct: He said, ‘We cannot live without air’.
Indirect: He said that we cannot live without air.
1. The tenses of direct speech do not change if the reporting verb is in the future
tense or present tense.
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Direct to indirect speech example:

Direct: She says/will say, ‘I am going’
Indirect: She says/will say she is going.
Rule 2 – Direct Speech to Indirect Speech conversion – Present Tense
• Present Perfect Changes to Past Perfect.
Direct to indirect speech example:
Direct: “I have been to Boston”, she told me.
Indirect: She told me that she had been to Boston.
• Present Continuous Changes to Past Continuous
Direct to indirect speech example:
Direct: “I am playing the guitar”, she explained.
Indirect: She explained that she was playing the guitar.
• Present Perfect Changes to Past Perfect
Direct to indirect speech example:
Direct: He said, “She has finished her homework“.
Indirect: He said that she had finished her homework.
• Simple Present Changes to Simple Past
Direct to indirect speech example:
Direct: “I am unwell”, she said.
Indirect: She said that she was unwell.
Rule 3 – Direct Speech to Indirect Speech conversion – Past Tense & Future Tense
• Simple Past Changes to Past Perfect
Direct to indirect speech example:
Direct: She said, “Irvin arrived on Sunday.”
Indirect: She said that Irvin had arrived on Sunday.
• Past Continuous Changes to Past Perfect Continuous
Direct to indirect speech example
Direct: “We were playing basketball”, they told me.
Indirect: They told me that they had been playing basketball.
• Future Changes to Present Conditional
Direct to indirect speech example
Direct: She said, “I will be in Scotland tomorrow.”
Indirect: She said that she would be in Scotland the next day.
• Future Continuous Changes to Conditional Continuous
Direct to indirect speech example
Direct: He said, “I’ll be disposing of the old computer next Tuesday.”
Indirect: He said that he would be disposing of the old computer the following Tuesday.
To ace the verbal ability section, it is important to have a clear conceptual knowledge of
Direct and Indirect Speech, their usage and applications in English language. Therefore,
candidates can go through the video on Direct and Indirect Speech rules in English
Language, given below for better understanding-
For the preparation of the English language section in a better way, it is important that you
go through the following topics thoroughly.
1. Tenses rules
2. Conjunctions rules
3. Prepositions Rules
4. List of Prefix and Suffix With Examples
5. Active And Passive Voice Rules
6. List of Homophones/Homonyms
7. List of Synonyms and Antonyms

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Candidates are advised to check the General English for Competitive Exams page for more
articles on rules for English grammar, list of idioms and phrases, synonyms & antonyms,
etc.
Rule 4 – Direct Speech to Indirect Speech Conversion – Interrogative Sentences
• No conjunction is used, if a sentence in direct speech begins with a question
(what/where/when) as the “question-word” itself acts as a joining clause.
Direct to indirect speech example
Direct: “Where do you live?” asked the boy.
Indirect: The boy enquired where I lived.
• If a direct speech sentence begins with an auxiliary verb/helping verb, the joining
clause should be if or whether.
Direct to indirect speech example
Direct: She said, ‘Will you come for the party’?
Indirect: She asked whether we would come for the party.
• Reporting verbs such as ‘said/ said to’ changes to enquired, asked, or demanded.
Direct to indirect speech example
Direct: He said to me, ‘What are you wearing’?
Indirect: He asked me what I was wearing.
Candidates can also check the links given below to understand the concept of word
formation in English and to learn the common words in English Language that appear in
most of the competitive exams-
1. English Root Words
2. Most asked English Vocabulary Words
Rule 5 – Direct Speech to Indirect Speech Conversion – Changes in Modals
While changing direct speech to indirect speech, the modals used in the sentences change
like:
1. Can becomes could
2. May becomes might
3. Must becomes had to /would have to
Check the examples:
• Direct : She said, ‘She can dance’.
• Indirect: She said that she could dance.
• Direct: She said, ‘I may buy a dress’.
• Indirect: She said that she might buy a dress.
• Direct: Rama said, ‘I must complete the assignment’.
• Indirect: Rama said that he had to complete the assignment.
There are modals that do not change – Could, Would, Should, Might, Ought to
• Direct: She said, ‘I should clean the house’
• Indirect: She said that she should clean the house.
Rule 6 – Direct Speech to Indirect Speech Conversion – Pronoun
1. The first person in direct speech changes as per the subject of the speech.
Direct speech to indirect speech examples-
Direct: He said, “I am in class Twelfth.”
Indirect: He says that he was in class Twelfth.
1. The second person of direct speech changes as per the object of reporting speech.
Direct speech to indirect speech examples –
Direct: She says to them, “You have done your work.”
Indirect: She tells them that they have done their work.
1. The third person of direct speech doesn’t change.
Direct speech to indirect speech examples –
Direct: He says, “She dances well.”
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Indirect: He says that she dances well.

Rule 7 – Direct Speech to Indirect Speech Conversion – Request, Command, Wish,
Exclamation
• Indirect Speech is supported by some verbs like requested, ordered, suggested and
advised. Forbid-forbade is used for negative sentences. Therefore, the imperative
mood in the direct speech changes into the Infinitive in indirect speech.
Direct: She said to her ‘Please complete it’.
Indirect: She requested her to complete it.
Direct: Hamid said to Ramid, ‘Sit down’.
Indirect: Hamid ordered Ramid to sit down.
1. In Exclamatory sentences that express grief, sorrow, happiness,
applaud, Interjections are removed and the sentence is changed to an assertive
sentence.
Direct: She said, ‘Alas! I am undone’.
Indirect: She exclaimed sadly that she was broke.
Aspirants are well aware that English is an important component of the syllabus of various
competitive exams and it is important to be clear with the basic concepts. Therefore, given
below are a few articles to clarify the confusion between usage of common but confusing
words in the English Language.
More such concept-wise, subject-wise differences can be found on the 100 Difference
between Articles page linked here.
Rule 8 – Direct Speech to Indirect Speech Conversion – Punctuations
1. In direct speech, the words actually spoken should be in (‘’) quotes and always begin
with a capital letter.
Example: She said, “I am the best.”
1. Full stop, comma, exclamation or question mark, are placed inside the closing
inverted commas.
Example: They asked, “Can we sing with you?”
1. If direct speech comes after the information about who is speaking, a comma
is used to introduce the speech, placed before the first inverted comma.
Direct speech example: He shouted, “Shut up!”
Direct speech example: “Thinking back,” he said, “she didn’t expect to win.” (Comma is used
to separate the two direct speeches and no capital letter to begin the second sentence).
Rule 9 – Direct Speech to Indirect Speech Conversion – Change of Time
1. In direct speeches, the words that express nearness in time or place are changed to
words that express distance in indirect speech. Such as :
• Now becomes then
• Here becomes there
• Ago becomes before
• Thus becomes so
• Today becomes that day
• Tomorrow becomes the next day
• This becomes that
• Yesterday becomes the day before
• These become those
• Hither becomes thither
• Come becomes go
• Hence becomes thence
• Next week or month becomes following week/month
Examples:
Direct: He said, ‘His girlfriend came yesterday.’
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Indirect: He said that his girlfriend had come the day before.
1. The time expression does not change if the reporting verb is in the present
tense or future tense.
Examples:
Direct: He says/will say, ‘My girlfriend came yesterday.’
Indirect: He says/will say that his girlfriend had come the day before.
Rules of converting Indirect Speech into Direct Speech
The following rules should be followed while converting an indirect speech to direct
speech:
1. Use the reporting verb such as (say, said to) in its correct tense.
2. Put a comma before the statement and the first letter of the statement should be in
capital letter.
3. Insert question mark, quotation marks, exclamation mark and full stop, based on the
mood of the sentence.
4. Remove the conjunctions like (that, to, if or whether) wherever necessary.
5. Where the reporting verb is in past tense in indirect, change it to present tense in
the direct speech.
6. Change the past perfect tense either into present perfect tense or past tense, as
necessary.
Check the examples:
• Indirect: She asked whether she was coming to the prom night.
• Direct: She said to her, “Are you coming to the prom night?”
• Indirect: The girl said that she was happy with her result.
• Direct: The girl said. “I am happy with my result.”
Direct-Indirect Speech – Sample Questions For the English Language
The significance of knowing the rules of direct and indirect speech for the English language
section of various competitive exams can only be understood by knowing the type of
questions asked in the examination, based on the same.
Given below are samples of direct and indirect speech questions asked in the English
language section of various government examinations:
Q.1. Find out the correct indirect speech for the given sentence.
She said,’ I have baked a cake’
1. She said that she baked a cake
2. She said that she had baked a cake.
3. She said that I baked a cake.
4. She said that she had bake a cake.
Answer (2) She said that she had baked a cake.
Q.2. Choose the correct sentence.
Aviral said, ‘What a beautiful rainbow it is’.
1. Aviral exclaimed wonderfully that the scenery was very beautiful.
2. Aviral said with wonder that the scenery was very beautiful.
3. Aviral exclaimed with wonder that the scenery is very beautiful.
4. Aviral exclaimed with wonder that the scenery was very beautiful.
Answer (4) Aviral exclaimed with wonder that the scenery was very beautiful.
Q.3. The correct indirect speech for ‘This world’, she said, ‘is full of sorrow. Wish that I
were dead’. is?
1. She observed that the world is full of sorrow. She wished to be dead.
2. She said that the world was full of sorrow. She wished to be dead.
3. She observed that the world was full of sorrow. She wished to be dead.
4. She observed that the world was full of sorrow. She wished to die.
Answer (1) She observed that the world is full of sorrow. She wished to be dead
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Q.4. The policeman said, ‘Where are the weapons?’

1. The policeman inquired where was the weapons.
2. The policeman enquired where are the weapons.
3. The policeman enquired where were the weapons.
4. The policeman questioned where were the weapon.
Answer (3) The policeman enquired where were the weapons.
Q.5. The man said, ‘Ah! I am ruined.’
1. The man cried that he was in ruined.
2. The man exclaimed in grief that he was ruin.
3. The man said that Ah, he is ruined.
4. The man exclaimed with sorrow that he was ruined.
Answer (4) The man exclaimed with sorrow that he was ruined.

e. degrees of comparison –
What is the Degree of Comparison?
To describe, quantify, modify or identify nouns/pronouns, adjectives are used or reused.
Adjectives have their own degrees called degrees of adjectives or degrees of comparison
that compare one thing/person to another.
Adjectives have three degrees of comparison –
• Positive degree of adjectives
• Comparative degree of adjectives
• Superlative degree of adjectives
Degrees of Comparison examples:
Positive degree – The cat runs fast.
Comparative degree – The cat runs faster than dogs.
Superlative degree – The cat runs fastest of all animals.
Degree Of Comparison Rules
Rule 1. When two items/people are compared, a comparative degree is used by putting ‘er’
to the adjective word in association with the word ‘than’. In some cases ‘more’ is used.
Comparative degree example:
• She is smarter than her sister.
• She is more cheerful than her sister.
Similarly, when more than two things/people are compared, the superlative degree is used
by putting ‘est’ to the adjective word or in some cases ‘most’ is used.
Superlative degree of comparison examples:
• He is the strongest wrestler.
• He is the most handsome actor.
Rule 2. ‘More’ is used when you compare qualities of a single thing/person. Even if the first
adjective is a single syllable word.
Degree of comparison examples:
Incorrect – She is smarter than clever.
Correct – She is more smart than clever.
Rule 3. Do not use double comparative adjectives or superlative adjectives.
Degree of comparison examples:
Incorrect – These mangoes are more tastier than those.
Correct – These mangoes are tastier than those.
Rule 4. Never use ‘more or most’ with adjectives that give absolute sense.
Degree of comparison example:
Incorrect – This track is more parallel to that one
Correct – This track is parallel and the other is not.

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Rule 5. There are a few adjectives that are accompanied by ‘to’, like, senior, junior,
superior, inferior, preferable, prefer, elder. Do not use ‘than’ with these adjectives.
Degree of adjective examples:
Incorrect: I am elder than her.
Correct: I am elder to her.
Incorrect – This car brand is superior than that.
Correct – This card brand is superior to that.
Rule 6. When comparing two things, similarity should be there, i.e. similar things should be
compared.
Examples of degree of comparison:
Incorrect – This wall colour is more beautiful than the old one. (wall colour is compared
with the wall)
Correct – This wall colour is more beautiful than that of the old one. (compare wall colour
with wall colour)
Rule 7. When the comparative degree is used in the superlative degree sense
1. Use ‘any other’ when thing/person of the same group is compared.
Degree of comparison example:
Incorrect: Reena is smarter than any student of her class.
Correct: Reena is smarter than any other student of her class.
1. Use ‘any’ if comparison of things/person is outside the group.
Incorrect: Delhi is cleaner than any other city in Bangladesh.
Correct: Delhi is cleaner than any city in Bangladesh.
Rule 8. When in the same sentence two adjectives in different degrees of comparison are
used, both should be complete in themselves.
Incorrect- She is as good if not worse than her sister.
Correct – She is as good as if not worse than her sister.
Rule 9. To show whether the difference between the compared thing/person is small or
big, we use quantifiers for the comparative degree of an adjective such as (A bit, a little, a
lot, far, much, a great deal, significantly, etc).
Example:
• My hostel is only marginally bigger than yours.
• She is a little more popular than her sister in their school.
• Australia is slightly smaller than Africa.
We don’t use quantifiers with superlative degrees of adjectives but there are certain
phrases commonly used with the superlative degrees of comparison.
Degree of Comparison Example:
• In metropolitan cities, metros are by far the cheapest mode of transportation.
• Sanskrit is one of the oldest languages in the world.
• Siddhivinayak is the second richest temple in India.
Rule. 10. While changing the degree of comparison for the irregular adjectives, the word
completely changes instead of adding ‘er’ or ‘est’.
Examples:
• She has little milk in the jar.
• She has less milk than he has.
• She has the least amount of milk.
Sample Questions – Adjective Degrees of Comparison for English Language Section
Understand the prominence of degrees of adjectives in the English languages section of
various competitive exams, with the help of sample questions based on the same, given
below.
Directions- Choose the correct degree of comparison for the given sentence.

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Q.1. America is a (rich) country in the world.

1. America is richer country in the world.
2. America is the richest country in the world.
3. America is the most rich country in the world.
4. America is richer than other country in the world.
Answer (2)
Q.2. They say, Rishi is smart than any other student in his class
1. They say Rishi is smartest than any other students in the class.
2. They say Rishi is the most smart than any other student in the class.
3. They say Rish is smarter than any other student in the class.
4. They say Rishi is smart of all student in the class.
Answer (3)
Q.3. Delhi is bad than Mumbai in terms of population.
1. Delhi is worst than mumbai in population.
2. Delhi is as bad like Mumbai in terms of population.
3. Delhi is more bad than mumbai in terms of population.
4. Delhi is worse than Mumbai in terms of population.
Answer (4)
Q.4. My sisters are more better than her sisters in studies.
1. My sisters are much better than her sisters in studies.
2. My sisters are good than her sisters in studies.
3. My sisters are much good than her sisters is studies.
4. My sisters are more good than her sisters in studies.
Answer (1)
Q.5 Rama’s position is more superior than the one held by Shyama.
1. Rama’s position is superior than the one held by Shyama.
2. Rama’s position is superior to the one held by Shyama.
3. Rams’s position is much superior than the one held by Shyama.
4. Rama’s position is more superior to the one held by Shyama.

f. kinds of sentences interrogative, exclamatory, imperative, assertive, positive, and

negative

Kinds of Sentences - Assertive, Imperative, Interrogative, Exclamatory

A group of words that makes complete sense is called a sentence.
Example:
color blue favorite is My. (makes no sense, therefore it is not a sentence)
My favorite color is blue. (makes complete sense, therefore it is a sentence)
There are four kinds of sentences:
1. Assertive or declarative sentence (a statement)
2. Imperative sentence (a command)
3. Interrogative sentence (a question)
4. Exclamatory sentence (an exclamation)
1. An assertive sentence is a sentence that states a fact. Such sentences are simple
statements. They state, assert, or declare something.
Examples:
Jan is a student. She lives in a big city.
2. Imperative sentence is a sentence which gives a command, makes a request, or express a
wish.
Examples:
Go to your room. (an order)
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Please lend me your book. (a request)

Have a good time at the picnic. (a wish)
3. Exclamatory sentence is a sentence that expresses sudden and strong feelings, such as
surprise, wonder, pity, sympathy, happiness, or gratitude.
Example:
What a shame!
Boy, am I tired!
4. Interrogative sentence: A sentence that asks a question is called an interrogative
sentence.
Examples:
What is your name?
Where do you live?
Directions: Select the type of sentence shown in each question. Also write at least five
examples for each kind of sentences.

Q 1: Why didn't you come to school today? Q 2: I love you so much!

Interrogative Imperative
Exclamatory Assertive or Declarative
Assertive or Declarative Exclamatory
Imperative Interrogative
Q 3: Wow! Those fireworks are beautiful! Q 4: Harry, try the other door.
Exclamatory Interrogative
Assertive or Declarative Exclamatory
Imperative Assertive or Declarative
Interrogative Imperative
Q 5: I am ten years old. Q 6: Please pass the salt.
Interrogative Assertive or Declarative
Assertive or Declarative Interrogative
Exclamatory Imperative
Imperative Exclamatory
Q 7: I didn't have time to finish my homework Q 8: What a beautiful painting!
last night. Assertive or Declarative
Assertive or Declarative Exclamatory
Interrogative Interrogative
Imperative Imperative
Exclamatory
Question 9: This question is available to Question 10: This question is available to
subscribers only! subscribers only!

Affirmative sentences is a term used to refer to sentences that are positive. Negative
sentences, on the other hand, are those sentences that refer to the non-occurrence of an
action or the absence of a quality. To learn how to transform an affirmative sentence into a
negative sentence, go through the article. Try to comprehend the rules to be followed when
doing the transformation and also check out the examples to learn how exactly it is done.
Transforming an Affirmative Sentence into a Negative Sentence – Rules to be Followed with
Examples
Changing a sentence from the positive to negative can be done easily by adding ‘not’ or the
contraction ‘nt. Go through the following points to learn how exactly it has to be done.
• The first thing you will have to do is to locate the principal verb or the main verb in
the sentence.
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• Once you do, the next step is to add ‘not’ after all forms of the ‘to be’ verb (am, is,
are, was, were).
• Sentences with modal verbs (will, would, shall, should, can, may, might, etc.) can be
made negative by adding ‘not’ in between the modal auxiliary and the main verb.
• Sentences with helping verbs including ‘have’, ‘has’ and ‘had’ can be transformed
into a negative sentence by adding ‘not’ after the helping verb.
• When verbs such as ‘have’, ‘has’ and ‘had’ are used as main verbs, you will need to
use the verb forms of ‘do’ followed by ‘not’ and ‘have’ to make the sentence negative.
• For all positive sentences having ‘do’ forms of verbs (do, does, did) as the main verb,
converting it into negative can be done by adding ‘not do’ after the verb.
• A positive sentence with one main verb can be changed to negative by using various
forms of the ‘do’ verb (do, does, did) followed by ‘not’ and the main verb.
• In a sentence containing two verbs – one or more auxiliary verbs and a main verb –
see to it that you add ‘not’ in between the helping verb and the main verb.
Let us look at a few examples to learn how

Affirmative Sentence Verbs Negative Sentence

Transforming Sentences with Main Verbs

I am a teacher. Am I am not a teacher.

He is not confident.
(or)
He is confident. Is He isn’t confident.

We are not happy.

(or)
We are happy. Are We aren’t happy.

It was not a good day.

(or)
It was a good day. Was It wasn’t a good day.

They were not on their way to the

station.
They were on their way to the (or)
station. Were They weren’t on their way to the station.

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MODULE 3:

3.1 Legislative Material -

Internal Aids -Parts of a statute and their function in interpretation of a statute – Short and
long titles, preamble, schedules, marginal headings, parts, and their captions, chapters and
their captions, marginal and section-headings, Definition’s clause and types of definitions,
Explanations, exceptions, illustrations, and provisos, Language, and punctuation, non-
obstante clause and saving clause.
External Aids - External Aids to the interpretation of a statute – Dictionaries, Translations,
Travaux Preparatiories, Statutes in pari materia, Contemporanea Exposito, Debates, and
Reports.

Legislative Material means, various legislations or Acts passed by the Parliament

and the State Legislatures, and includes Rules, Regulations, Notifications, Orders, etc. issued
by the Government that are published in the Government Gazettes.
There is an official publication of certain legislations Official Publications of the
Government include the publication of Indian Codes, 2) Acts of Parliament, etc.

Legislative Material:
As a human body has different parts or organs, the Act passed by the Parliament following
various parts:

1) Short title;

ii) Official citation;

iii) Date of assent;

iv) Long title,

v) Enacting formula;

vi) Intent (aims & objects set out in the Preamble of the Act);

vii) Section-Sub-section;

viii) Marginal Note;

ix) Date of commencement;

x) Schedule or Table.

All the above relevant parts of the Act with reference to the Maternity Benefit Act are
explained below:

Different parts of:

"The Maternity Benefit Act, 1961"
are given in bold italics examples below:

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1) Short title:
This is the title by which the Act is generally known. It is the name of the Act. The title or
name of the Act occurs at the top of the Act, and it is, generally, mentioned in the first
Section of the Act and also some of the Sections all through the Act. Short title occurs at the
top,
for example - "THE MATERNITY BENEFIT ACT, 1961".

2) Official citation:
Every Act is given its individual number and the calendar year in which it is passed.
It is given in the bracket below the short title of the Act,
for example - "THE MATERNITY BENEFIT ACT, 1961" (Act No. 53 of 1963)

3) Date of assent:
It refers to the date on which the Act received the assent of the President. It is given
below the individual number and the calendar year at the right side in the bracket. The
President or the Governor, as the case may be, must give his assent or consent to the
passing of the Act, then only, the Act comes into force. The date on which such assent is
given, is known as the "Date of assent"
For example - "THE MATERNITY BENEFIT ACT, 1961" (Act No. 53 of 1963), [12th
December, 1961)

4) Long title:
It sets out and explains the purpose and object of the Act. Each Act is enacted with a
specific purpose of achieving certain objects and this is contained in the Long Title. It is,
generally, written in bold letters. It is given below the date of assent.
For example- "THE MATERNITY BENEFIT ACT, 1961" (Act No. 53 of 1963), [12th
December, 1961]

An Act to regulate the employment of women in certain establishments for certain

period before and after child-birth and to provide for maternity benefit and certain
other benefits.

5) Enacting formula:
It summarises the legislative authority of the Parliament, and, usually, it precedes
the first Section of the Act. It is, generally, written in bold letters. For example, it runs in
"THE MATERNITY BENEFIT ACT, 1961", as under-
For example-
"Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows":

6) Preamble:
Intent (aims & objects set out in the Preamble of the Act); Preamble indicates the
'Reasons' for enacting the Act or Statute, and the Statement of Objects of the Act more
comprehensively than the Long Title of the Act.
Thus, the Preamble specifies the reasons for the proposed legislation, and also, the aims
and objectives to be achieved by the Act.
This part of the Act is very often useful to interpret the provisions of law when there
is any difficulty due to ambiguity, etc. Thus, the Preamble of the Act is considered as an
instrument of interpretation of a Statute.

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For example-
The preamble is not given in the Maternity benefit Act, therefore, See the Preamble i.e.
"Statement of Object and Reasons" provided to "THE PROTECTION OF HUMAN RIGHTS
ACT, 1993").

7) Sections-Sub-sections:
The provisions of the Act are divided into numbered parts, i.e. by giving them
numbers. These numbered provisions are called "Sections". Some Sections are then sub-
divided by giving them numbers in the bracket, they are called Sub-sections.
For example, -
Section 1: Section 1.1).

8) Marginal Note:
The descriptive title of each Section is called "marginal note" or "side note".
Generally, it appears in bold letters in the margin. This part of the Act indicates side-note or
which is written in the margin, therefore, called marginal-note for each Section of the Act.

9) Date of commencement:
This part of the Act, refers to the date when the Act came into force Generally sub-
section (3) of Section (1) contains the date of commencement of the Act.

10) Schedule or Table:

The Schedules or Tables provided to the Act, are included at the end of the Act. This
part of the Act if included in an Act, shows certain additional information. Generally, this
part of an Act is included at the end of the Act. It may contain of Schedules giving the list of
items, Tables and Forms, etc.

Relevant portion from the

1. Maternity Benefit Act, 1961;
2. Medical Termination of Pregnancy Act, 1971; and
3. The Protection of Human Rights Act, 1993
is given below for exercise of the students from examination point of view.

1) THE MATERNITY BENEFIT ACT, 1961. (Act No. 53 of 1961), [12th December, 1961]

An Act to regulate the employment of women in certain establishment for certain periods
before and after child-birth and to provide for maternity benefit and certain other benefits.

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:

1) Short title, extent and commencement.

(1) This Act may be called THE MATERNITY BENEFIT ACT, 1961.
(2) It extends to the whole of India except the State of Jammu and Kashmir
(3) It shall come into force on such date as may be notified in this behalf in the Official
Gazette:-
a) in relation to mines and to any other establishments wherein persons are
employed for the exhibition of equestrian, acrobatic and other performances, by the
Central Government; and
b) in relation to other establishments in a State, by the State Government.

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2) Application of the Act.

(1) It applies, in the first instance:-
a) to every establishment being a factory, mine, or plantation including any such
establishment belonging to government and to every establishment wherein persons are
employed for the exhibition of equestrian, acrobatic and other performances;
b) to every shop or establishment within the meaning of any law for the time being in force
in relation to shops and establishments in a State, in which ten or more persons are
employed, or were employed, on any day of the preceding twelve months:
Provided that, the State Government may, with the approval of the Central
Government, after giving not less than two months notice of its intention of so doing, by
notification in the Official Gazette, declare that all or any of the provisions of this Act shall
apply also to any other establishment or class of establishments, industrial, commercial,
agricultural or otherwise.

(2) Save as otherwise provided in S. 5A and S. 5B, nothing contained in this Act shall apply
to any factory or other establishment to which the provisions of the Employees State
Insurance Act, 1948 (34 of 1948) apply for the time being.

Exercise:

Identify the following-

Short Title:
"THE MATERNITY BENEFIT ACT, 1961".
Official Citation: 53 of 1961.
Date of Assent: 12 December, 1961
Long Title:
An Act to regulate the employment of women in certain establishment for certain periods
before and after child-birth and to provide for maternity benefit and certain other benefits.
Extent: It extends to whole of India except the State of Jammu and Kashmir.
Preamble: It is not in this Act.
Enacting Formula:
"BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows":
Date of Commencement:
It shall come into force on such date as may be notified in this behalf in the Official Gazette.
Thus, the date of commencement of this Act notified in the Official Gazette is 1" November,
1963.

2) "MEDICAL TERMINATION OF PREGNANCY ACT, 1971"

(Act No. 34 of 1971)
[10th August, 1971]
An Act to provide for the termination of certain pregnancies by registered medical
practitioners and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-second Year of the Republic of India as

follows:

1. Short title, extent and commencement –

(1) This Act may be called the Medical Termination of Pregnancy Act, 1971
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as Central Government may, by notification in the
Official Gazette, appoint.
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Exercise:

Identify the following-

Short Title:
THE MEDICAL TERMINATION OF PREGNANCY ACT, 1970.
Official Citation: Act No. 34 of 1971
Date of Assent: 10th August, 1971
Lone Title:
An Act to provide for the termination of certain pregnancies by registered medical
practitioners and for matters connected therewith or incidental thereto.
Extent:
It extends to the whole of India except the State of Jammu and Kashmir
Enacting Formula:
"BE it enacted by Parliament in the twenty second year of Republic of India".
Date of Commencement:
It shall be deemed to have come into force on the 110th day of August, 1971

3) "THE PROTECTION OF HUMAN RIGHTS ACT, 1993".

(Act No. 10 of 1994)
18th January, 1994]

An Act to provide for the constitution of a National Human Rights Commission, State
Human Rights Commissions in States and Human Rights Courts for better protection of
human rights and for matters connected therewith or incidental thereto.

"BE it enacted by Parliament in the Fourty-Fourth Year of the Republic of India as

follows:-

Statement of Object and Reasons:

1) India is a party to the International Covenant on Economic, Social and Cultural Rights,
adopted by the General Assembly of the United Nations on the 16th December, 1966. The
human rights embodied in the aforesaid Covenants, stand substantially protected by the
Constitution.
2) However, there has been growing concern in the country and abroad about issues
relating to human rights. Having regard to the changing social realities and the emerging
trends in the nature of crime and violence, Government has been reviewing the existing
laws, procedures and system of administration and transparency in them, and devising
more efficient and effective methods of dealing with the situation.
3) wide ranging discussions were held on the subject at various fora, such as, the Chief
Ministers' Conference on Human Rights, seminars organised in various parts of the country
and meetings with leaders of various political parties. Taking into account the views
expressed in these discussions, the Human Rights Commission Bill, 1993 was introduced in
Lok Sabha on 14th May, 1993. The Bill was referred by the Speaker to the Standing
Committee of Parliament on Home Affairs. In view of the urgency of the matter, the of
Human Ordinance, 1993 was promulgated by the President on 28th September, 1993, after
incorporating certain amendments having regards to the discussions in the said Standing
Committee.

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Preliminary:
S.1: Short title, extent and commencement:-
This Act may be called "The Protection of Human Rights Act, 1993".
It extends to the whole of India: Provided that it shall apply to the State of Jammu and
Kashmir only in so far as it pertains to the matters relatable to any of the entries
enumerated in List I or List III in the Seventh Schedule to the Constitution as applicable to
that State. It shall be deemed to have come into force on the 28th day of September, 1993,

Exercise:
Identify the following-
Short Title: "THE PROTECTION OF HUMAN RIGHTS ACT, 1993"
Official Citation: Act No. 10 of 1994.
Date of Assent: 8th of January, 1994.
Long Title:
An Act to provide for the Constitution of a National Human Rights Commission, State
Human Rights Commissions in States and Human Rights Courts for better protection of
human rights and for matters connected therewith or incidental thereto.
Extent:
It extends to the whole of India:
Provided that, it shall apply to the State of Jammu and Kashmir only in so far as it
pertains to the matters relatable to any of the entries enumerated in List I or List III in the
Seventh Schedule to the Constitution as applicable to that State.
Enacting Formula:
"BE it enacted by Parliament in the Forty-Fourth Year of the Republic of India as follows:-
Date of Commencement:
It shall be deemed to have come into force on the 28th day of September, 1993.

INTERNAL AND EXTERNAL AIDS TO INTERPRETATION

INTRODUCTION
• Interpretation means the process of ascertaining the true meaning of the words
used in a statute. The object of interpretation of statutes is to determine the
intention of the legislature conveyed expressly or impliedly in the language used.
• Judges take the help of both Rules and Aids in the interpretation of Statutes.
• As stated by the Supreme Court in K.P. Varghese v. Income Tax Officer,
Ernakulam AIR 1981 SC 1922, interpretation of statute being an exercise in the
ascertainment of meaning, everything which is logically relevant should be
admissible. A Rule is a uniform or established course of things. There are three rules
of interpretation of statutes- Literal, Golden and Mischief. An Aid, on the other hand
is a device that helps or assists. For the purpose of construction or interpretation,
the court has to take recourse to various internal and external aids.
AIDS TO INTERPRETATION OF STATUTES
• An ‘Aid’ is a device that helps or assists. While performing the function of
interpreting provision of a statute, the Court can take help from within the Statute
or even outside the statute.
• INTERNAL OR INTRINSIC AIDS
I. Title
2. Preamble
3. Headings & Marginal notes
4. Sections & sub – sections.
5. Punctuations
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6. Illustrations.
7. Exceptions.
8. Proviso & Saving clauses.
9. Schedules.
10. Non Obstante clause

• EXTERNAL OR EXTRINSIC AIDS

1. Dictionary.
2. Translation.
3. Travaux Preparations.
4. Statutes in pari material.
5. Contemporanea Expostio.
6. Debates.
7. Reports.
INTERNAL AIDS
• Internal aids mean those aids which are available in the statute itself, though they
may not be part of enactment. Some Internal Aids are-
1. TITLE
In a Statute, there are basically two title:
• Short Title.
• Long Title.
• Short Title:
• The short title of the Act is only its name and is given solely for the purpose of
facility of reference.
• It is merely a name given for identification of the Act and not for description and
generally ends with the year of passing of the Act, such as the Indian Contract Act,
1872, the Indian Penal Code, 1860, the Indian Evidence Act, 1872.
• It is referred merely for convenience.
• Even though it is a part of the statute, it has no role to play while interpreting a
provision of the Act. Neither can it extend nor can it delimit the clear meaning of a
particular provision.
• Long title – Every Statute is headed by a long title and it gives the general
description about the object of an Act. Normally. It begins with the words ‘An Act
to…….’
• For e.g. the long title of the Code of Civil Procedure, 1908, is – “An Act to consolidate
and amend the laws relating to the procedure of the Courts of Civil Judicature”.
• In recent times, long title has been used by the courts to interpret certain provision
of the statutes.
• However, it is useful only to the extent of removing the ambiguity and confusions.
• If the words in a statute are unambiguous, no help is derived from the long title.
• Long title is a part of a statute. However, it cannot override plain or clear meaning
from the enactment.
• In Fisher v. Raven 1964 AC 210 (HL)
• Interpretation of the words ‘obtained credit’ in Section 13(1) of the Debtor’s Act,
1869 was involved.
• The House of Lords looked at the long title of the Act which reads ‘An Act for the
Abolition of Imprisonment for Debt, for the punishment of fraudulent debtors, and
for other purposes’ and held that the words refer to credit for the payment of
money.

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CASES
• In Poppatlal Shah v. State of Madras, AIR 1953 SC 274- the title of the Madras
General Sales Tax, 1939, was utilised to indicate that the object of the Act is to
impose taxes on sales that take place within the province.
• In Re Kerala Education bill 1959 1 SCR 995, the Supreme Court held that the
policy and purpose may be deduced from the long title and the preamble.
LIMITATIONS OF TITLE AS INTERNAL AIDS TO INTERPRETATION
• Title has no role to play where the words employed in the language are plain and
precise and bear only one meaning.
• Title can be called in aid only when there is an ambiguity in the language giving rise
to alternative construction.
• Title cannot prevail over the clear meaning of an enactment.
• Title cannot be used to narrow down or restrict the plain meaning of the language of
the statute.
2. PREAMBLE
• It expresses the scope, object and purpose of the Act more comprehensively than
the Long title.
• The preamble may depict the ground and the cause of making a statute and the evil
which is sought to be remedied by it.
• For e.g. the Preamble of the Indian Penal Code, 1860, is “Whereas it is expedient to
provide a general Penal Code for India; it is enacted as follows”.
When preamble can be referred:
• When wording gives rise to doubts or where the words or phrase has more than one
meaning. Hence, the preamble can be referred only when the language of the statute
is not clear.
• It does not override the plain provision of the Act.
CASES
• In Kashi Prasad v. State AIR 1950 All 732, the Court held that even though the
preamble cannot be used to defeat the enacting clauses of a statute, it can be treated
for the interpretation of the statute.
• Another important example is found in Kesavananda Bharati v. State of Kerala,
AIR 1973 SC 1461– wherein the apex court strongly relied on the Preamble to the
Constitution of India in reaching a conclusion that the power of the Parliament to
amend the constitution under Article 368 was not unlimited and did not enable the
Parliament to alter the Basic Structure of the Constitution.
• In A.C. Sharma v. Delhi Administration AIR 1973 SC 913
• In this case, the appellant challenged his conviction under Section 5 of the
Prevention of Corruption Act, 1947.
• His main ground was that after the establishment of the Delhi Special Police
Establishment, the anti-corruption department of the Delhi Police has ceased to
have power of investigating bribery cases because the preamble of the Delhi Special
Police Establishment Act, 1946 pointed out to this effect.
• The court, however, held that no preamble can interfere with clear and
unambiguous words of a statue.
• Section 3 of the Delhi Special Police Establishment, 1946 empowered the Delhi
Special Police also to investigate such cases.

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3.2 Judicial material – Ratio and guidelines of courts in the following cases, minority,
and majority judgments:

D.K. Basu v. State of West Bengal - AIR1997 SC610

M.C. Mehta V. Union of India - AIR1987SC965
Vishakha v. State of Rajasthan - AIR1997SC3011
Joseph Shine v. Union of India - AIR2018SC4898
Aruna Shanbaug v. Union of India – AIR2011SC1290
Young Lawyers Association v. the State of Kerala – AIR2018SC1690

Question:
Enumerate the guidelines given by the Supreme Court in the following cases:
Answer:

Case No. 1:
M.C.Mehta and ws. Union of India,
& Shriram Foods and Fertilizer Industries vs. Union of India, (A.I.R. 1987, S.C. 965)-

Constitution of India:
This case relates to Article 21 and Article 32 of Constitution of India - Public Interest
Litigation Manufacture and sale of hazardous product - Measures to be taken for reducing
hazard to workmen and community living in neighbourhood - Damages in case of accident
caused by leaking of liquid or gas Conditions laid down by the Supreme Court.
This case also relates to the Water (Prevention and Control of Pollution) Act, 1974-
Sections: 2 (e) and 24, the Air (Prevention and Control of Pollution) Act, 1984-Sections 2
(b) and 24. This case has given a new meaning to the cather concept of "Strict Liability" laid
down in the Law of Torts.

Facts of the case:

Delhi Cloth Mill Ltd, a Public Limited Company having its registered office at Delhi, was
running an enterprise called by the name of "Shriram Foods and Fertilizers Industries" This
enterprise had several units dealing with the manufacture of caustic soda, chlorine,
hydrochloric acid, sulphuric acid, stable bleaching powder, etc.
A major leakage of oleum gas took place from one of the units of this enterprise on
4th December, 1985 affecting large number of persons including the workers and public in
the nearby vicinity. An Advocate practising in the Tis Hazari Court at Delhi, also died on
account of inhalation of the oleum gas. Mr M.C. Mehta, who was an Advocate and a leading
consumer activist filed a Writ Petition in the Supreme Court by way of Public Interest
Litigation seeking the closure of the unit from where the gas leaked.
The immediate step after the gas leak, taken by the Delhi Administration was an
Order dated 6th December, 1985, passed by the District Magistrate, Delhi directing
"Shriram Foods and Fertilizers Industries" to stop the manufacture and processing of
hazardous and lethal chemicals and gases. The persons who were affected by the gas leak
were also allowed to file compensation claims before the Chief Metropolitan Magistrate at
Delhi.

Issues:
1) Whether industries dealing in the manufacture of hazardous product be
allowed to function in the thickly populated area? If so, with what safeguards
or measures to be taken to reduce the hazard to its workmen and the people
living in the nearby vicinity?
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2) Whether the hazardous caustic plant should be directed to be shifted and

relocated at a safer place? If so, within what time frame?,
3) What are the norms to determine the liability of enterprise dealing in the
manufacture of hazardous product and what is the quantum of damage?

Arguments:
After conflicting opinions put forward before the Supreme Court, in regard to the
question whether the caustic chlorine plant should be allowed to be restarted without any
real hazard to the workmen and the public at large, the Supreme Court, appointed an
independent team of experts to assist in this task.
Accordingly, the Supreme Court by its order dated 18th December, 1985 constituted
a Committee of experts consisting of Dr. Nilay Choudhary as a Chairman, and Dr.
Aghoramurthy and Mr. R.K. Garg as members (ie. "Nilay Choudhary Committee"). The
"Agarwal Committee" was also appointed by the Petitioner to inspect the caustic plant and
submit report to the Court.
These Committees "Nilay Choudhary Committee" & "Agarwal Committee" made
certain recommendations in their report submitted to the Court, and pointed out the
danger to the persons living in the vicinity of the plant and held that there was
considerable negligence on the part of the management Shriram industry in the
maintenance and operation of their plant. Obviously, the caustic chlorine plast cannot be
allowed to be restarted, unless, these recommendations are strictly complied with by the
management of Shriram industry.
It was argued on behalf of the management of the Shriram industry that, it had
complied with all the recommendations made in the reports submitted by the Expert
Committees, thus, the possibility of risk or hazard to the workers and people in the vicinity
had been considerably minimized and it is almost mil and therefore, Shriram industry be
allowed to reopen its caustic chlorine plant. It was also argued on behalf of the Unions of
workmen that, the said plant be allowed to be restarted, and that the permanent closure of
the said plant would result in unemployment for more than 4,000 workmen.
The petitioner, Mr. M.C. Mehta, on the other hand vehemently argued that, the Court
should not allow the caustic chlorine plant to be restarted as there was every risk of danger
to the community at large. In this regard, the petitioner stated that, the chlorine gas is such
a dangerous gas, that even utmost care is taken, the possibility of accidental leakage could
not be ruled out.

Decision or Judgment:
After considering all the issues and hearing all the parties in the matter, the
Supreme Court came to the conclusion that, it would be in the interest of all concerned that
Shriram industry be allowed to restart the caustic chlorine plant subject to the fulfilment of
certain conditions. If any of these conditions is not observed or fulfilled, the permission to
restart the plant would be liable to be withdrawn.
The Supreme Court held that,
"Pending consideration of the issue whether the caustic chlorine plant should be
directed to be shifted and relocated at some other place, the caustic chlorine plant should
be allowed to be restarted by the management subject to certain conditions to be fulfilled
by the Shriram industry".
These conditions are as follows-
i) An Expert Committee appointed in this behalf by the Supreme Court shall
inspect the caustic chlorine plant of Shriram industry in a fortnight and
examine whether the recommendations made by the "Manmohan Singh

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Committee" and "Nilay Choudhary Committee" are implemented by the

management of Shriram undustry;
ii) One operator of the caustic chlorine plant would be personally
responsible and liable for each safety device or measure therein;
iii) The Chief Inspector of Factories, would inspect the caustic chlorine plant
of Shriram industry once in a week and examine whether the
recommendations made by the "Manmohan Singh Committee" and "Nilay
Choudhary Committee" are being complied with by the management of
Shriram industry and whether the safety devices or instruments installed
by the management are properly functioning;
iv) The Senior Inspector deputed by the Central Board, would visit the plant
at least once a week for the purpose of ascertaining whether the effluent
discharged from the plant complies with the necessary standards;
v) The Management of Shriram, would obtain an undertaking from the
Chairman, Managing Director and such other Officers of the Delhi Cloth
Mills Ltd. to the effect that they will be personally liable for payment of
compensation for any death or injury caused to workmen or people due
to escape of chlorine gas;
vi) There shall be a Committee of three representatives of Lokahit Congress
Union and three representatives of Karmchari Ekta Union to look after
the safety arrangements in the caustic chlorine plant.
vii) There shall be placed in each department of the chlorine plant, as also at
the gate of the premises a detailed chart in English and Hindi stating the
effects of the chlorine gas on the human body and informing the
workmen, the people as to what immediate treatment they should take if
they are affected by the leakage of the chlorine gas;
viii) Every worker in the caustic chlorine plant should be properly trained by
audio-visual programmers in regard to the functioning of specific plant
and equipment in which he is working and precautions to be taken in
case of leakage of chlorine gas, etc;
ix) Loud speakers shall be installed all around the factory premises for giving
timely warning to the people residing in the vicinity in case of leakage of
chlorine gas;
x) The management shall maintain proper vigilance with a view to ensuring
that workers working in the caustic chlorine plant wear helmets, gas-
masks or safety belts while working in the hazardous departments of the
plant, and regular medical check-up of the workers shall be carried out by
the management in order to ensure that the workers are in good health;
xi) The management of the Shriram industry will deposit in the Supreme
Court a sum of Rs. 20 lacs as and by way of security for payment of
compensation claims made by or on behalf of the victims of the oleum
gas. The bank guarantee of Rs. 15 lacs shall also be furnished by the
management of the Shriram industry within a period of two weeks of this
judgement, and on failure of the management to do so, the permission
granted by this Court (i.e. the Supreme Court) to restart the caustic
chlorine plant shall stand withdrawn.

Decision/Judgement given by the Court:

The Supreme Court had also awarded the payment of compensation to the victims of
oleum gas. The Court laid down the rule as follows -

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"Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm

results to anyone on account of an accident in the operation of such hazardous and
inherently dangerous activity, resulting, for example, in escape of toxic gas, the enterprise
is strictly and absolutely liable to compensate all those who are affected by the accident,
and such liability is not subject to any exceptions under the in Rylands v/s. Fletcher.

Case No. 2:

Vishakha and Others wk State of Rajasthan and Others, AIR 1997 S.C. 3011- Writ
Petition (Criminal) Nos. 666-70 of 1992, Dated-13/8/1997: This Writ Petition is decided by
the Supreme Court Chief Justice Mr. J.S. Verma, Justice Mrs. Sujata V Manohar and Justice
Mr. B.N. Kirpal.
Constitution of India:
This Writ relates to Article 10, 14, 15, 19, 21, 32, 51, 51A and 141 of Constitution of India.
Facts of the case:
A lady social worker in a village of Rajasthan was gang raped. This incident of brutal
gang rape was the immediate cause for filing this writ petition.
This Writ Petition has been filed by some social activists and Non-Governmental
Organizations for the enforcement of the fundamental rights of working women under
Article 14, 19, and 21 of the Constitution of India.
The Non-Governmental Organisations had initiated this Petition with the aim to
focus attention sowards gender equality and to prevent sexual harassment of working
women.
One of the logical consequences of such an incident is also the violation of the
victims Fundamental Right under Article 19 (1) (g) to practice any profession or to carry on
any occupation, trade or business. Such violations, therefore, attract the remedy under
Article 32 for the enforcement of these fundamental rights of women.

Issues:
1) What is the effective alternative to satisfy this social need in the absence of legislative
measures?
2) What steps are necessary and should be taken by the employer to prevent sexual
harassment?

Arguments:
Constitution of India, Articles 14, 19, 21 & 32 - Sexual harassment of working
women amount to violation of right of gender equality and right to life and liberty. Also, as
a logical consequence amount to violation of right to practice any profession, occupation or
trade. Victim, therefore, entitled to remedy of Article 32.
Articles 14, 19 and 21 of the Constitution of India guarantee gender justice and right
to work with human dignity. It is, therefore, necessary to apply international conventions
and norms for construing domestic law. The contentions of the International Conventions
and Norms are significant for the purpose of the guarantee of gender equality, right to work
with human dignity in Articles 14, 15, 199 (1) (g) and 21 of the Constitution of India and
safeguards against sexual harassment are implicit therein.
Constitution of India Articles 32, 14, 21 guarantee gender equality and prevent
sexual harassment and abuse more particularly of working women at work places. Law for
effective enforcement is necessary. The Supreme Court, in exercise of powers under Article
32 laid down guidelines and norms and these guidelines and norms to be treated as law
declared under Article 14 applicable to both public and private sector.

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Order or Judgment:
The Court directed that there should be strict observance of certain guidelines and
norms in all places of employment for the purpose of preservation and enforcement of the
right of gender equality. Such directions specified must be binding and enforceable until
suitable legislation is enacted. These guidelines are as under-
1) It shall be the duty of the employer or other responsible persons in work places or
other institutions, to prevent or deter the commission of acts of sexual harassment and to
provide procedures for the resolution, settlement or prosecution of acts of sexual
harassment by taking all steps required.
2) Sexual harassment would include:
Physical contact and advances;
A demand or request for sexual favours;
Sexually coloured remarks; Showing pomography;
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
3) Preventive Steps:
All employers or persons in charge of work place, should take following
appropriate steps to prevent sexual harassment-
i) Publication and circulation of express prohibition of sexual harassment at
the work place;
ii) Regulations prohibiting sexual harassment should include appropriate
penalties against the offender,
iii) As regards private employers, these prohibitions should be included in
the Industrial Employment (Standing Orders) Act, 1946;
iv) Appropriate work conditions, environment in respect of health and
hygiene should be provided to women.
4) Criminal Proceedings:
Where such conduct amounts to a specific offence under the Indian Penal Code or
under any other law, the employer shall initiate appropriate action in accordance with law
by making a complaint with the appropriate authority.
5)Disciplinary Action:
Where such conduct amounts to misconduct in employment as defined by the
relevant service rules, the employer in accordance with those rules should initiate
appropriate disciplinary action.
6) Complaint Mechanism:
An appropriate complaint mechanism should be created in the employer's
organisation for time- bound redress of the complaint made by the victim.
7) Complaints Committee:
A Complaint Committee should be headed by a woman and not less than half of its
members are women. Such Complaint Committee should also involve a third party like NGO
or other body who is familiar with the issue of sexual harassment.
8) Workers initiative:
Employees should be allowed to raise issues of sexual harassment at workers'
meeting and in other appropriate forum and it should be affirmatively discussed in
Employer-Employee Meeting.
9) Awareness:
Awareness of the rights of female employees in this regard should be created, in
particular, by prominently notifying the guidelines in a suitable manner.
10) Third Party Harassment:
Where sexual harassment occurs as a result of an act or omission by any third party
or outsider, the employer and every person in-charge should take all steps necessary and
reasonable to assist the affected woman in terms of support and preventive action.
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11) The Central Government and State Governments are requested to consider adopting
suitable measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in private sector;
12) The guidelines will not prejudice any rights available under the Protection of Human
Rights Act, 1993.

Decision/Judgment given by the Court:

Accordingly, we direct that the above guidelines and norms would be strictly
observed in all work places for the preservation and enforcement of the right to gender
equality of the working women. These directions would be binding and enforceable in law
until suitable legislation is enacted to occupy the field. These Writ Petitions are disposed
accordingly.
Order accordingly.

Case No. 3:

Dilip K. Basu ws. State of West Bengal, AIR 1997 SCW 233-
This Writ Petition is decided by the Justice Dr. A.S. Anand and Justice K.T. Thomas of
the Supreme Court on 18th December, 1996.

Constitution of India:
This Writ Petition related to Articles 21, 22, 32 of the Constitution of India, and
Sections 220, 330 & 331 of the Indian Penal Code, 1860.
This Writ Petition relates to the custodial deaths and custodial torture, cruel,
inhuman and degrading treatment of prisoners and other persons being questioned by the
police.

Facts of the case:

A news items was published in the News' Papers such as "The Telegraph" dated
20th and 21" July, 1986 and also published in "Indian Express" dated 17th August, 1986 in
connection with the death in police custody or lock-up.
Mr. D. K. Basu, the Executive Chairman, Legal Aid Services, West Bengal which is the
non- political organisation addressed a letter to Hon'ble Chief Justice of the Supreme Court
of India drawing his Lordships attention to the above news items appeared in the said
news papers.
The Executive Chairman, Mr. D. K. Basu, after reproducing the news items,
submitted that, it was imperative to examine the issue in depth and to develop "Custody
Jurisprudence" and determine measures for awarding compensation to the family
members of the victim and determine the accountability of the concerned police officials. It
was further requested that, the letter submitted by him along with the news items
published be treated as "Writ Petition" under "Public Interest Litigation".
Considering the importance of the issue raised in the letter, and being concerned by
frequent complaints regarding custodial violence and deaths in the police lock-up, the
letter was treated as Writ Petition. In this regard the Supreme Court on 9 February, 1987
issued a notice to the respondent.
In response to the notice, the State of West Bengal filed its' reply. It was stated in the
reply that the police were not hushing up any matter of custodial death, and that, wherever
police personnel were found to be responsible for such deaths, an action was being taken
against them. Thus, the respondent characterised the Writ Petition as misconceived,
misleading and untenable in law.

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Meanwhile, another letter dated 29/7/1987 sent by Mr. Ashok Kumar Johari was
received by the Chief Justice of India, drawing the attention of the Supreme Court to the
death in police custody of Mahesh Bihart of Pilkhana-Aligarh (U.P.).

On 14th August, 1987, the Supreme Court gave the following Order- "In almost every State,
there are allegations and these allegations are now increasing in frequency of deaths in
custody described generally, by news papers as "Lock-up Deaths" At present, there does
not appear to be any machinery to effectively deal with such allegations. Since, this is an all
India question concerning all States, it is desirable to issue notice to all the State
Governments to find out whether they desire to say anything in the matter"
Thus, the Supreme Court issued notices to all the State Governments, Notice was
also issued to the Law Commission of India, requesting it to make suggestions in the
matter. The Supreme Court also appointed a senior advocate, Dr. A.M. Singhavi, to assist the
Court as amicus curiae.

Issues:
1) Whether the victim or his family members are entitled to payment of compensation?
2) Whether the State is vicariously made liable for the act of a public servant?

Arguments:
Learned councils appeared for different States and the amicus curiae, rendered
useful assistance to the Supreme Court in examining various facts of the issue and made
certain suggestions for formulation of guidelines by the Supreme Court to minimise, if not
prevent, custodial violence and for reward of compensation to the victims of custodial
violence and kin of those who die in custody on account of torture.
Custodial violence is a matter of concern. It is aggravated by the fact that it is
committed by persons who are supposed to be protectors of the citizens. It is committed
under the shield of uniform and authority in the four walls of the police station or lock-up
where the victim becomes totally helpless. The protection of an individual torture and
abuse by the police and other law enforcing officers is a matter of deep concern in a free
society.
In all custodial crimes, what is of real concern is not only infliction of bodily pain,
but the mental agony which a person undergoes within the four walls of the police station
or lock-up. Whether it is physical assault or rape in the police custody, the extent of trauma
a person experiences is beyond the purview of law.
Death in custody is, generally, not shown in the records of the lock-up, and every
effort is made by the police to dispose of the body or to make out a case that the arrested
person died after he was released from the custody. Any complaint against such torture or
death is, generally, not given any attention by the police officers because of ties of
brotherhood. Higher officer also turns a blind eye to such complaints.
It is often seen that when a complaint is made against torture or death in police
custody, it is difficult to secure evidence against the respondent policemen for resorting to
III degree method. Since they are in charge of police station records, they can easily
manipulate it.
By torturing a person and using III degree methods, the police would be
accomplishing behind the closed doors what the demands of our legal order forbids. No
society can permit it.

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Order or Judgment:
With a view to achieve appropriate, suitable remedy for redressal of the violation of
fundamental right to the life of citizen, pecuniary compensation was ordered. The State was
held to be vicariously liable for the acts of public servant.
On 18th December, 1996, in D.k. Basu v/s. State of West Bengal, (1997, I SCC 416:
1997 AIR. SCW. 233), the Supreme Court laid down certain basic "requirements" to be
followed in all cases of arrest or detention till legal provisions are made in that behalf, as a
measure to prevent custodial violence.

These requirements read as follows:

i) The particulars of all police personnel carrying out the arrest and also those
interrogating the arrestee, must be recorded in a register.
ii) The police officer carrying out the arrest of the arrestee, shall prepare a memo of arrest
at the time of arrest, and such memo shall be attested by at least one witness, and shall also
be countersigned by the arrestee, and shall contain the time and date of arrest.
iii) A person arrested or being held in custody in police station shall be entitled to inform
his relative or friend, as soon as practicable, about the place of arrest and the place of
detention.
iv)The time and place of arrest, and venue of custody of an arrestee, must be notified by the
police, where the next friend or relative of the arrestee lives outside the district or town,
through the Legal Aid Organisation in the district and the police station of the area
concerned, telegraphically within a period of 8 to 12 hours after the arrest.
V)The person arrested, must be made aware of this right to have someone informed of his
arrest or detention as soon as he is put under arrest or detention.
vi)An entry must be made in the diary at the place of detention regarding the arrest of the
person, the name of the next friend informed of such arrest and also the name and
particulars of the police official in whose custody the arrestee is.

vii) The arrestee should, where he so requests, be also examined medically at the time of
his arrest and major or minor injuries, if any, present on his/her body, must be recorded at
that time. The copy of such "Inspection Memo" must be provided to the arrestee
immediately
viii) The arrestee should be subjected to medical examination, every 48 hours during his
detention in custody, by a doctor on the panel of approved doctors appointed by the
Director, Health Services
ix) Copies of all the documents including the memo of arrest, referred to above, should be
sent to the Magistrate for his record.
x) The arrestee may be permitted to meet his lawyer during interrogation, though not
throughout the of the concerned State or Union Territory interrogation.
xi) A Police Control Room should be provided at all district and State head quarters, where
information regarding the arrest and place of custody of the arrestee should be
communicated by the officer causing the arrest within 12 hours of effecting the arrest.
Thereafter, such information should be displayed on a conspicuous notice board of the
Police Control Room.

The Supreme Court also ordered that, failure to comply with the above
requirements, apart from rendering the official concerned liable for departmental action,
would also be liable to be punished for contempt of Court; and the proceedings for
contempt could be instituted in any High Court of the country having territorial jurisdiction
over the matter.

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MODULE 4:

4.1 Rules of interpretation of Statutes – Literal, Mischief and Golden rule of interpretation
Secondary Rules or Subsidiary Rules of Interpretation- Noscitur a Sociis, Ejusdem Generis,
Reddando Singula Singulis, Interpretation with reference to the subject matter and purpose –
Restrictive and beneficial construction, Taxing statutes, Penal statutes and Welfare
legislation, Interpretation of directory and mandatory provisions, Interpretation of
substantive and adjunctively statutes.

Interpretation of Statutes
Introduction
The legislature makes laws with a specific intent in mind. The responsibility of
deciphering that intent lies with the judiciary. This process of getting to know the intent
behind the law is known as statute interpretation.
Interpretation
According to its dictionary meaning, interpretation is an act of explaining the
meaning of a thing. In legal context, interpretation means the act of interpreting and
deciphering the intent behind a statute. The term ‘interpretation’ has its roots in the Latin
word ‘interpretari’ which means to explain, or to translate. The main aim of interpreting a
statute is to determine the intention behind the law.

The government is made up of three branches,

1. The Legislature,
2. The Executive, and
3. The Judiciary.
These three branches perform different functions. The legislature makes the laws, the
executive implements the laws that are made and the judiciary interprets the laws and
makes them operational.

When is interpretation done?

Interpretation is done only when,
1. The language of the provision is ambiguous.
2. It is not clear what the law is made for.
3. When a provision has two or more meanings.
4. When two or more views are possible about the provision.
5. The meaning of the provision defeats the purpose of the statute.

Need of Interpretation
Drafting a law is a complex task, the legislature has to keep in mind thousands of
scenarios so that the legislation drafted is complete in itself. In an ideal world, the meaning
of the statute would be clear and direct. In the real world that we live in, most of the times
the law drafted is complicated and vague.
Seaford Court Estates Ltd. v. Asher
In this case, the need for interpretation of statutes was highlighted. It was stated
that when a defect appears in a statute, the judge cannot simply wash his hands off the
responsibility and blame the legislature, he should interpret the statute by finding the
intent behind it. The judge should not only focus on the language of the statute but also on
the social considerations that made the parliament draft a particular statute.
Interpretation is needed because,
1. The complicated process of drafting laws leads to a variety of gaps and ambiguity
in the statute.
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2. The words, phrases, terms used in the statute can have varying meanings due to
the multifaceted nature of the language.
3. A law is never drafted by a single person but rather by a group of people, this
leads to incoherence in the language.
4. Some statues use technical language because of their complicated subject matter.
5. The applicability of law changes with new developments.

Kinds of Interpretations
There are various kinds of interpretations. These are,
Literal Interpretation: It is also known as grammatical interpretation. While doing this kind
of interpretation, the judges are not in any way allowed to add or modify the letter of the
law. They should strictly follow the language and directly translate its meaning.

Lalita Kumari v. Government of Uttar Pradesh

In this case, the judges dealt with the interpretation of Section 154 of the Criminal
Procedure Code. The judges used literal interpretation for interpreting the section and
stated that the word “shall” used in the provision makes it mandatory and no other
meaning will be given to the word. The other expression that the court gave meaning to
was “information”. The court stated that the police officer has to record information even if
he considers it to be unreasonable.
Functional Interpretation: In this kind of interpretation, the judges deviate from the literal
meaning and look elsewhere to decipher the intent behind the law. Functional
interpretation is done in four cases,
• When the statute is inconsistent.
• When the statue is incomplete.
• When the language of the statute is ambiguous.
• When there is a logical flaw in the letter of the law.

Rules of Interpretation of Statutes

Since the judiciary has been entrusted with the responsibility of interpreting the law to
administer justice. It is very important that the interpretation is made according to some
rules so that the decisions delivered by the judges are just and bring some coherence to the
operational aspects of the law.
The rules of interpretation of statutes are divided into two categories.
1. Primary Rules
2. Secondary Rules
Primary Rules – These are the main rules of interpretation of statutes. These include:
1. Rule of Strict Interpretation
2. Rule of Liberal Interpretation
3. Literal Rule
4. Rule of Reasonable Construction
5. Golden Rule
6. Mischief Rule
7. Rule of Harmonious Construction
8. Ejusdem Generis
9. Beneficial Construction
10. Purposive Construction
Secondary Rules – Rules other than primary rules are secondary rules. These include:
1. Expressio Unius Est Exclusio Alterius
2. Contemporanea Expositio Est Optima Et Fortissima in Lege
3. Noscitur a Sociis
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Rule of Strict Interpretation

The rule of strict construction is used for interpreting criminal legislation. According
to this rule, the interpretation which is most favorable to the defendant would be
applicable.

Rule of Liberal Interpretation

The rule of liberal construction states that a law must be interpreted in the context
of the document and in accordance with the intent of the author.
Literal Rule
In this rule, the court has to consider what the lawmakers are trying to say not what
they might mean. It can only be applied if the words of the statute are clear and
unambiguous and the language is plain.

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Meaning
In this rule, the literal meaning of the words is considered. It is considered that the
legislature chose every word deliberately and intended that very word to be legally
binding, no other words can be added or used. No modifications can be made while
interpreting the statute. It was stated in Nand Prakash Vohra v. State of H.P. if there is
nothing to modify and the meaning of the statute is clear then ordinary meaning should be
assigned to the words of the statute.

Case Laws
Case Law 1: Fisher v Bell
Facts: A shopkeeper was offering to sell offensive weapons. This offer for sale was an
offense under the Offensive Weapons Act 1959.
Decision: The court said that an offer for sale must be interpreted according to its ordinary
meaning and the display of the weapon on the shop does not mean offer and is only an
invitation to treat.

Case Law 2: Municipal board v. State Transport Authority Rajasthan

Facts:
1. That, the Bus Stand was moved from its location.
2. That, an application could be made within 30 days from the date of the order
according to section 64A of the Motor Vehicles Act.
3. The application was moved after 30 days.
Defense: The argument was that an application could be made after 30 days from the
knowledge of the order.
Decision and its Basis: The decision given by the Supreme Court stated that the literal
meaning of the word should be considered i. e. the application should have been made
within 30 days of the order. The court rejected the application.

Case Law 3: Tata Consultancy Services v. State of A.P

Issue: In this case related to tax, the question before the court was whether computer
software can be taxed as goods.
Judgment: The court stated in the judgment that literal construction should be applied
only if there is any ambiguity or inconsistency in the statute otherwise the plain meaning is
sufficient.

Advantages and Disadvantages of the Rule

Advantages:
1. The court cannot apply its own bias.
2. The rule provides consistency in interpretation.
Disadvantages:
1. It creates loopholes in the law.
2. It might lead to an absurd result.
3. The rule can result in injustice.
Criticism
This rule assumes that words used in law have a fixed meaning. Words, in fact, are
imprecise and their meaning can change over time.

Rule of Reasonable Construction

Legal Maxim: Ut Res Magis Valeat Quam Pareat which means it is better to give effect to a
thing than to declare it void.

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Every law is drafted with a purpose in mind, but if the literal meaning of the law
defeats the purpose of the statute, the law should be understood keeping in mind the
intention with which it was drafted. The judges should give that interpretation to the law
which gives effect to the intention of the legislature.
In Tirath Singh v. Bachittar Singh, the court stated that if the language of the statute
leads to absurdity or injustice then a construction may be put upon it which modifies the
meaning of the words used in the statute.

Golden Rule
This rule states that if the normal meaning of the word given in a statute gives an absurd
result then the judges are allowed to deviate from that meaning.
Meaning
This rule gives the words used in a statute their ordinary meaning. But if that ordinary
meaning ends up giving an absurd result which is not according to the intent of the
legislature then the judge can give the word a meaning which makes the statute rational.
This is done so that the statute can remedy the weakness that it was made to cure.
There are two cases,
1. If the word is a homograph i.e. it has two meanings, then the meaning which is
suitable will be given.
2. If the word has only one meaning, then the judge can give a completely different
meaning.
Advantages and Disadvantages of the Rule
Advantages:
1. It helps to give a rational result.
2. It helps in closing any loophole.
3. It brings common sense to the law.
Disadvantages:
1. Judges have power only in case there is ambiguity.
2. Judges cannot add or modify a statute.

Case Laws
Case Law 1: Grey v. Pearson
In this case, the court stated that usually the literal and normal meaning of the word should
be used but if the normal meaning gives an absurd result, then that meaning should be
avoided. A different meaning should be given to the word so that the inconvenience can be
avoided.

Case Law 2: Adler vs. George

Facts: The defendant, in this case, was charged under the Official Secrets Act, 1920.
The defendant was charged with obstructing a member of the armed forces in the
execution of his duty. It was an offense to obstruct a member of the armed forces ‘in the
vicinity’ of a prohibited place.
Defense: The defendant argued that he was on the place and not in the vicinity of the place.
Decision: The defendant was found guilty.
Basis for the Decision: The court interpreted the phrase “in the vicinity” to mean on or near
the place. On this basis, the defendant was convicted.
Criticism
The idea of absurdity is unclear. It is very difficult to ascertain what would be an absurd
result?

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Mischief Rule
It is a principle used for interpreting a statute which states that the court should first
examine the intention of the legislature. In this, the judges first find the defect in the statute
and then apply the remedy for fixing the defect.
Heydon’s Case
Heydon’s case is considered a landmark case because it laid down the mischief rule of
interpretation of statutes.
Facts:
1. That, Ottery college, a religious college gave tenancy in a manor to a man named
Ware and his son.
2. That, the tenancy was given in accordance with the copyhold. A copyhold was a
form of landholding in which the land was said to be held according to the will of
the lord and customs of the manor.
3. That, the copyhold given to the Wares was part of a parcel.
4. That, the parcel was then leased to a man named Heydon.
5. That, less than a year later, the college was dissolved along with all other religious
colleges because of a law that parliament enacted.
6. That, the law parliament enacted had a provision which kept in force the lease
that was granted more than a year before the enactment of the Act.
Decision: As a result of the provision, the lease granted to the Wares was held valid but the
lease granted to Haydon was held to be void.
Basis for Judgment: While making the decision, the court laid down the mischief rule. It was
stated in this case that the statute should be constructed by seeking the true intent of the
makers of the Act.
The judges stated that four considerations should be kept in mind while interpreting
statutes:
1. The common law that existed before the Act.
2. The flaw for which common law did not provide.
3. What remedy did the parliament came up with to resolve & cure the distress of
the commonwealth Act?
4. What was the true reason for the remedy?

Advantages and Disadvantages of the Rule

Advantages:
1. It focuses on the parliament’s intention behind making the law.
2. It allows judges to apply their minds.
3. It allows judges to consider the social and technological changes.
4. It allows for parliamentary sovereignty.
5. It helps avoid unjust results.
Disadvantages:
1. It is difficult to decipher the parliament’s intention.
2. It is considered as an outdated rule of interpretation.
3. It makes the law uncertain.
4. It is said to be undemocratic as it gives too much power to the judiciary which is
an unelected branch of the government.

Case Laws
Case Law 1: Smith v. Hughes
In this case, the court examined the mischief behind the concerned Act.
Facts:
1. That, the defendant was a prostitute living at No. 39 Curzon Street.
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2. That, the defendant used the premises for prostitution.

3. That, on a certain day, the defendant enticed men passing the street.
4. That, she solicited the men from her balcony.
Judgment: The decision was made in favor of the plaintiff.
Basis for Judgement: The judges examined the mischief the Street Offences Act aimed to
provide a remedy for. It was stated that since the Act was made with the intent of cleaning
up the streets, it did not matter if the prostitute solicited men from the street or the
balcony. Their decision was based on this ground alone.
If in this case, if the judges have used the literal meaning of the Act, then it would have been
considered that the defendant has not committed an offense.

Case Law 2: Elliot v Grey

Facts:
1. That, the defendant’s car was parked on the road.
2. That, the car was jacked and its battery was removed.
3. That, the defendant was charged under the Road Traffic Act 1930 because of using
an uninsured people on the road.
Arguments: The defendant argued in court that he was not “using” the car as it was parked
and not being driven.
Decision: The court did not rule in favor of the defendant.
Basis for the Decision: The court applied the mischief rule and held that the Act under
which the defendant was charged was enacted to ensure that people were compensated in
case of an incident and the car was being used as it presented a hazard and hence insurance
would be required in case of an incident.

Case Law 3: Bengal Immunity Co. v. State of Bihar

In this case, the court interpreted Article 286 of the Constitution of India.
Facts: The theory of territorial nexus led to chaos. On the basis of the theory, provincial
legislatures was arbitrarily exercising its taxing powers.
Judgment: The judge in the case while interpreting the article stated that the Article 286
was made to avoid the mischief of multiple taxation and to preserve the free flow of trade.
Harmonious Construction
This rule is used when there are two statutes or parts of a statute have a conflict.
The interpretation which is consistent with all the provisions and also is in accordance with
the intent of the legislature will be adopted. A construction which leads to repugnancy
should not be used and the statute should be read as a whole.
Features
1. The goal should be to make the law whole and consistent.
2. Two or more statutes can be harmonized by this rule.
3. The provision of one statute cannot defeat the use of the other statute.
4. A construction which reduces one part of the statute to nothing is not considered
as harmonious.
Case Laws
Case Law 1: Raj Krushna Bose vs Binod Kanungo
The court stated in this case that whenever possible, two conflicting provisions should be
constructed in a way that they harmonize.
Case Law 2: T.M.A. Pai Foundation v. State of Karnataka
The Supreme Court interpreted Articles 29 and 30. The court stated that while interpreting
provisions the goal is to achieve full cooperation between laws. The court also stated that:
1. The laws cannot be read in isolation.
2. The rule cannot be used if it renders one of the laws redundant.
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Case Law 3: CIT v. Hindustan Bulk Carriers

The court stated the following rules for harmonious construction:
Rule 1- The courts should avoid a conflict between provisions. The provisions should be
interpreted to create harmony.
Rule 2-The provision of one section cannot be used to defect the provision of the other
section. When it is impossible to reconcile the differences between the provisions then they
should be constructed in such a way that effect is given to both the provisions.
Rule 3-The courts must keep in mind that if the construction makes the other statute
meaningless or dead then it is not harmonious.
Ejusdem Generis
This phrase literally translates to “of the same kind and of the same species”.
According to this rule, when a specific word is used in the Act and a general word is used
afterward, then the general word will be construed in reference to the specific word.

Case Law: Jage Ram v. State of Haryana

To apply this rule, the following conditions must exist:
1. The statute mentions a number of things one by one by using specific words,
2. The number of things mentioned should constitute a class,
3. There are other things in the class that exists,
4. A general term is used for the things mentioned,
5. There is a distinct genus that comprises of more than one species.
Beneficial Construction
There are some laws which are specifically made for the benefit of some section of people.
Some of these are:
1. Consumer Protection Act
2. The Industrial Disputes Act
3. The Juvenile Justice Act
4. Factories Act
5. And other socio-economic legislations
The rule of beneficial construction states that when there are two meanings of the law and
one meaning gives the benefit and other takes it away. The meaning which grants the
benefit should be adopted.

Case Laws
Case Law 1: Hindustan Lever Ltd v Ashok Vishnu Kate
The court stated that when a law is enacted for social welfare. The construction which
extends the intended benefit to the people should be made.

Case Law 2: Noor Saba Khatoon v. Mohammad Quasim

The Supreme Court held in this case that the provision for maintenance under 125 of Civil
Procedure Code and maintenance of children under 2 years are independent of each other
and no legislation which is passed subsequent to it can affect the provisions.
Purposive Construction
This rule interprets law keeping in mind the intent for which it was enacted. In this
kind of interpretation, external aids such as commentaries, parliamentary debates, etc. are
used. The mischief rule is the foundation for this type of construction.
Secondary Rules
In addition to the above-stated rules, there are also other rules for interpreting
statutes. These other rules are expressed in legal maxims. These are,

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Expressio Unius Est Exclusio Alterius

Expressio Unius Est Exclusio Alterius is a legal maxim which literally translates to the
‘explicit mention of one thing is the exclusion of another’. When a thing is explicitly
mentioned in a provision of an Act, then all other things are not considered.

Contemporanea Expositio Est Optima Et Fortissima in Lege

This rule of construction states that the best explanation of the law would be to read it as it
would have been read at the time that it was passed. This rule also considers the
surrounding circumstances under which the Act was passed.
Noscitur a Sociis
The meaning of the word is known from its association. It is a rule of construction which
states that the meaning of an unambiguous word or phrase should be considered on the
basis of the context in which it was used.

Aids in Interpretation
In addition to the rules, interpretation can be made by using aids. There are two kinds of
aids for interpreting a statute. These are,
1. Internal Aids
2. External Aids
Internal Aids
Internal aids are aids which are first referred to for interpreting a statute. These are
present in the statute itself and include:
1. Preamble of the Act: It has been decided that while preamble may not be a part of
the Act. It can be referred to know the mischief for which the Act was enacted. The
Supreme Court in Kavalappara Kottarathil Kochuni v. the State Of Madras And
Others stated that if an ambiguity arises in the construction of a statute, then the
preamble can be referred.
2. Title of the Act: The title tells about the purpose of the Act in a concise way and
often precedes the preamble of the Act.
3. Heading of the Chapter of the Act: An Act is divided into chapters, these chapters
deal with different things. What kind of things the chapter deals with can be
known by reading the heading of the specific chapter?
4. Marginal Notes in the Act: Supreme Court in Sarabjit Rick Singh vs Union Of
India stated that reference to marginal notes would be permissible only when the
main provision is supposed to be interpreted differently.
5. The Punctuations in the Provisions of the Act: The punctuations play a very
important role in the construction of the provision.
6. The Illustrations that supplements the provisions under the Act: Illustrations are
valuable as long as they indicate the intent of the legislature.
7. Explanations provided of the provision of the Act: Explanations of provisions help
in determining what the provision means.
8. Definitions provided in the Act: Every Act has an interpretation clause which
contains important definitions. These definitions may be inclusive or exhaustive.
This clause is very important for interpreting various words in a statute.

External Aids
External aids are used when internal aids are not sufficient to know the meaning of the
statute. External aids include,
1. Statement of Objects and Reasons of the Bill: When a Bill is passed, its statement
of objects and reasons describe the intent of the legislature.

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2. The Commentaries on the Law by various Authors: Commentaries by various

authors are very useful in interpreting a statute.
3. Dictionaries: In literal construction, the dictionary meaning of the words is
referred to.
4. The Circumstances Surrounding the Enactment of the Act: In Commissioner of
Income Tax vs. Sodra Devi, the court stated that it was not necessary to refer to
any external aid if the language of the statute is clear and unambiguous.
5. Reference to Reports of Committee: The reference to reports of Select Committee
or Law Commission or any report of any other committee on the basis of which
the Act was enacted can be made to interpret the statute.
6. Reference to other Statutes: Sometimes other statutes are referred for
interpreting a statute.
7. Parliamentary Debates: Before a Bill is passed it is debated in the parliament. The
debates can be referred to know the intent behind a particular provision of the
Act.
8. History of the Act: The history of the Act along with the surrounding
circumstances are helpful in determining the meaning of the provisions of the Act.
9. Foreign Decisions: Decisions given by foreign courts can also be used to interpret
the law provided that the country has the same system of jurisprudence as ours.
The surrounding circumstances in which the Act was enacted and the Indian
conditions to which the law applies are considered.
10. Political, Social and Economic Developments: Developments that affect the very
structure of society also help in interpreting a statute.
Conclusion
Thus, the interpretation of statutes is an important process. Moreover, it is essential that
the interpretation is done according to the various rules prescribed. The rules should be
followed to ensure that judges do not arbitrability exercise the responsibility that they are
entrusted with.

Taxing statutes
The Concept of Tax Tax” has been pithily described as a compulsory exaction of
money for public purposes. This is a good description from the point of view of political
science and economics. But there are some basic aspects of the process, which need to be
mentioned. The expression “interpretation” and “construction” are generally understood as
synonymous even though jurisprudentially both are distinct and different. “Interpretation”
means the art of finding out of true sense of the enactment whereas “Construction” means
drawing conclusions on the documents based on its language, phraseology clauses, terms
and conditions. Rules for Interpretation of “Tax Laws” are to some extent different than the
General Principles of Interpretation of Common Law. Rules of Interpretation which govern
the tax laws are being dealt in this series of articles.[1]

Retrospective Operation
Laws against this, the principle that an Act must not be given retrospective effect (in
the absence of clear words) a principle that finds reflection in section 6, General Clauses
Act[2] has been re-affirmed in the context of taxing enactments[3]. When a surcharge on
agricultural income tax was enforced from 1st September, 1957, it was held that it could
not apply to the assessment year 1957-58, as it was not brought into force from the
beginning of that year, i.e., from 1st April, 1957.[4]. Even if a taxing provision has been
given retrospective effect, it will be subject to strict construction.[5] Accordingly, Suca
legislation will not be so construed as to authorise the income tax authorities to commence
proceedings which, before the new Act came into force, had, by the expiry of the period
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then provided, already become barred.[6] Enactment’s taxing Commodities Another rule of
interpretation of taxing statutes is the rule that in statutes imposing a tax on commodities,
the words used should be used in the way in which they are under stood in the ordinary
course of business.[7] The rule is strikingly illustrated in a recent judgment of the Supreme
Court under the U.P. Sales Tax Act, 1948, which held that ammonia paper and ferro paper
do not fall within “paper other than handmade paper.[8]

Sources of Rules
The sources of rules of interpretation of taxing statutes are, broadly speaking the same as
the sources of rules of statutory interpretation in general. These may be (a) statutory or (b)
non-statutory. 1. Statutory sources of rules of interpretation are to be found in – i. The
General Clauses Act, 1897; and ii. Definitions provisions for interpretation provided in the
particular Act. 2. Non-statutory sources of statutory interpretation are represented by the
great mass of case law that has, in the course of time, given birth to several principles.

Non-Statutory Sources One should not, however, forget that the non-statutory rules
of interpretation – the “common law” of interpretation does not consist of rigid
mathematical formula. Its “rules” are merely guidelines which may operate to start with,
but which may have to be modified or even substantially reversed in a concrete case, where
the enactment to be construed and its surroundings indicate a different intention. The
reason is that the non-statutory rules of interpretation have been evolved principally on a
presumption of legislative intent. These presumptions themselves are based on some
principle of justice. Unfortunately, what happens is that the original rationale of justice that
gave rise to a presumption is forgotten in the course of time. What was initially intended to
be a mere pointer hardens into a categorical rule. It acquires a sanctity and rigidity of its
own, causing injustice and hardship in concrete cases. In this manner, what had its genesis
in justice results ultimately in injustice. TO avoid such anomalies, courts must constantly be
on the guard against treating non-statutory guidelines of statutory interpretation as
irrevocable mandates from the judiciary of the past to the judiciary of the present.
Constitutional Considerations Of course, where constitutional considerations are at issue,
the position is different. For example, the Indian Constitution, in article 265, provides that
no tax shall be levied or collected except by authority of law. This provision is supreme. If
no authority of law can be established, no tax can be levied or collected. The expression law
here, of course, means a valid law. Administrative Instructions To students of statute law,
tax law presents some peculiar features. In the first place, the network of statutes on
taxation is vast, prolific, complex and technical. Secondly, statutes statutory rules proper is
supplemented by a host of non-statutory instructions in this sphere, known variously as
departmental “circulars” Board “directions”, administrative instructions and so on. These
seek to interpret the statutory material.[9] Barring cases where a specific power is given to
some Board or other authority, the exact status of these instructions has always remained a
matter of ambiguity. The utmost that can be said is that while departmental instructions
may be taken note of by the court, they cannot have a binding character in law. They are
prepared in the halls of bureaucracy, without public discussion, without notice to affected
interests and (though infrequently) without independent legal consultation.[10] In any
case, they cannot override the strict letter of the law to the prejudice of the citizen. Doctrine
of Precedent Non-statutory rules of interpretation whether in the sphere of taxation or any
other sphere are derived from case law. Indian case law (for this purpose) embraces not
only decisions the higher judiciary, but also those of tribunals created under special
enactments. At the Central level, such tribunals to give some examples have been created
for Income tax, customs, excise and gold control and forfeiture of smuggled property. At the
State level, they have been created for sales tax, in some States – to give only one important
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example. Decisions of most of these tribunals are now being reported regularly in
official/unofficial series, and themselves constitute a source of law.[11] Administrative
instructions cannot override statutory rules.[12] One reason for this position is that
assessing authorities are quasi-judicial authorities and must act only on relevant material
and for relevant reasons.[13] Chapter – 2 Constitutional Aspects of Taxation Meaning of
Levy and Collection Article 265 of the Constitution of India lays down that no tax shall be
levied or collected except by authority of law. According to the Madras ruling in Rayalsema
Constructions v. Dy. Commercial Tax Officer, Madras[14], “the words ‘levy and collection’
are used in Article 265…. in a comprehensive manner and they are intended to include and
envelope the entire process of taxation commencing from the taxing statutes to the taking
away of the money from the pocket of the citizen. Article 265 enjoins that every stage in
this entire process must be authorised by law”. Hence the recovery of the outstanding tax
should equally be authorised by law.[15] Constitutional Mandate Article 265 of the Indian
Constitution provides that no tax shall be levied or collected except by authority of law.
This postulates three requirements: 1. There must be a law authorising the tax.[16] 2. It
must be a valid law.[17] 3. The levy or collection of the tax must be in conformity with the
authority conferred by the law.[18] It is well established that law does not include an
executive order.[19] In fact, the very object of provisions like article 265 is to guarantee
that there shall be no taxation without representation. Hence, “law” means enacted law in
this context.[20] Constitutional Limitations Limitations on the taxing power, as arising
under the Constitution, can be classified into the following four categories: 1. Limitations
arising from fundamental rights (Part 3 of the Constitution). 2. Limitations arising from
constitutional provisions relating to freedom of trade, commerce or intercourse (articles
301 to 307, Part 13). 3. Limitations relating to inter-Governmental immunities. 4.
Limitations relating to specific kinds of taxes.

Fundamental Rights Under category (1) above, one may note that. a taxing law must
not infringe fundamental rights.[21] Of particular relevance in this context are the
following propositions. A taxing statute which violates equality by undue discrimination is
void under article 14.[22] 1. A taxing statute which imposes an unreasonable restriction (or
even a reasonable restriction but not for the specified purpose) on the six freedoms
guaranteed by article 19 of the Constitution, would be void.[23] These are the right – i. to
freedom of speech and expression; ii. to assemble peaceably and without arms; iii. to form
associations or unions. iv. to move freely throughout the territory of India; v. to reside and
settle in any part of the territory of India; and vi. to practice any profession or to carry on
any occupation, trade or business. Fundamental Rights how Violated It should be
mentioned that fundamental rights may, in a conceivable case, be infringed by a taxing
statute. Thus, a tax imposed upon the press, deliberately calculated to limit the circulation
of information, would be unconstitutional are permissible.[24] At the same time taxes
which have a direct & immediate impact by restricting trade or commerce may offend the
provisions of Art. 301, which provides as under: – “Subject to the other provisions of this
part, trade, commerce and intercourse throughout the territory of India shall be free” State
of Kerala v. Abdul Kadir, (1969) 2 SCC. 363. It follows that a tax which is excessive and
prohibitive, thus impeding the free flow of trade and commerce, would be
unconstitutional.[25] In any case, no State can levy a tax which is discriminatory between
State and State. Article 304(a) of the Constitution provides that the Legislature of a State
may by law impose, on goods imported from other States or the Union territories, any tax
to which similar goods manufactured or produced in the State are subject, so, however, as
not to discriminate between goods so imported and goods so manufactured or produced.
Thus, it would be a straightaway violation of this provision if a State, while taxing goods
produced in another State, does not tax similar goods produced in the State.[26] If goods of
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the particular type are not at all produced within the State, and the State seeks to impose
tax on goods (e.g., foreign liquor, brought from outside the State), the law would be
definitely void.[27] Inter-Governmental Immunities With reference to category (3) above,
it is pr per to mention that a State legislature or any authority within the State cannot tax
the property of the Union (article 285) and the Union cannot tax the property and income
of a State (article 289). Specific Taxes Finally, as regards category (4) above, the
Constitution imposes prohibitions or restrictions on imposition of certain taxes. These are
contained in articles 276, 286 and 287 of the Constitution. Chapter – 3 Rules & Doctrines:
Related to Tax Need & Importance of Interpretation As the social, economic and political
conditions of the society keeps on changing, interpretations of the laws also require
change. Legislature is not equipped to meet such changing conditions and legislature
cannot anticipate every situation which might occurred in real life. Thus, it is Courts which
play the role and interpret the laws to adapt as per needs of the society. Rules of
Consistency, Resjudicata & Estoppel The principle of consistency is a principle of equity
and would not override the clear provisions of law. It is well accepted that each assessment
year is separate and if a particular aspect was not objected to in one year, it would not
fetter the Assessing Officer from correcting the same in a subsequent year as the principles
of res judicata are not applicable to tax proceedings. In Radhasomi Satsang the Supreme
Court held that (page 329 of 193-ITR): “where a fundamental aspect permeating through
the different assessment years has been found as a fact one way or the other and parties
have allowed that position to be sustained by not challenging the order, it would not be at
all appropriate to allow the position to be changed in a subsequent year”. As is apparent
from the said decision, the rule of consistency has limited application –where a
fundamental aspect permeates through several assessment years; the said aspect has been
found as a fact one way or the other; and the parties have not challenged the said finding
and allowed the position to sustain over the years. Clearly, the said principle will have no
application where the position canvassed militates against an express provision of law as
held by Delhi High Court in Honey Enterprises v. C.I.T.[28] In Radhasaomi itself, the
Supreme Court acknowledged that there is no res judicata, as regards assessment orders,
and assessments for one year may not bind the officer for the next year. This is consistent
with the view of the Supreme Court that there is no such thing as res judicata in income-tax
matters.[29] Similarly, erroneous or mistaken views cannot fetter the authorities into
repeating them, by application of a rule such as estoppel, for the reason that being an
equitable principle; it has to yield to the mandate of law. A deeper reflection would show
that blind adherence to the rule of consistency would lead to anomalous results, for the
reason that it would endanger the unequal application of laws, and direct the tax
authorities to adopt varied interpretations, to suit individual assessees, subjective to their
convenience – a result at once debilitating and destructive of the rule of law. The rule of
consistency cannot be of inflexible application. Res judicata does not apply in matters
pertaining to tax for different assessment years because res judicata applies to debar
courts from entertaining issues on the same cause of action whereas the cause of action for
each assessment year is distinct. The courts will generally adopt an earlier pronouncement
of the law or a conclusion of fact unless there is a new ground urged or a material change in
the factual position. The reason why courts have held parties to the opinion expressed in a
decision in one assessment year to the same opinion in a subsequent year is not because of
any principle of res judicata but because of the theory of precedent or precedential value of
the earlier pronouncement. Where the facts and law in a subsequent assessment year are
the same, no authority whether quasi-judicial or judicial can generally be permitted to take
a different view. This mandate is subject only to the usual gateways of distinguishing the
earlier decision or where the earlier decision is per incuriam. However, these are fetters
only on a co-ordinate Bench, which, failing the possibility of availing of either of these
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gateways, may yet differ with the view expressed and refer the matter to a Bench of
superior jurisdiction. In tax cases relating to a subsequent year involving the same issues as
in the earlier year, the court can differ from the view expressed if the case is
distinguishable as per incuriam, as held by the Apex Court in Bharat Sanchar Nigam Ltd. v.
Union of India.[30] Estoppel normally means estopped from re agitating same issue.
However, it is settled position in law that there cannot be an estoppel against a statute.
There is no provision in the statute which permits a compromise assessment. The above
position was indicated by the apex court in Union of India v. Banwari Lal Agarwal.[31] Rule
of Strict Interpretation Strict rule of interpretation is one of the principles used to interpret
fiscal and penal statutes. According to this rule, plain, clear and direct meaning is given to
words which are used in common parlance by the general public to which such law is
applicable. There can be no presumption by court with respect to particular meaning. Court
cannot give particular meaning to a word which is not clear by making a presumption that
particular meaning is the intention of the legislature. Court cannot under the guise of
possible or likely intention of the legislature, give meaning to the words which are not clear
and where contextual meaning cannot be made out. Reasons for Applicability of Strict Rule
on Taxation Statute Tax is a forceful extraction of money from the assessee (taxpayer) by
the sovereign authority in which the taxpayer is not entitled to any assured benefit. So,
taxes place a monetary burden on the taxpayer and thus to some extent it is considered as
penalty on the taxpayer which is imposed under the authority of law. Thus, unless the
imposition of tax is clearly backed by law, no tax can be imposed. Taxation statute is a fiscal
statute which is enacted on the basis of trial-and-error method or on experimentation
basis. It is not practicable for legislature to anticipate all the possible situations or
conditions which may arose after the law is enacted. It is possible that the assessee might
use some shortcomings in the law as a loophole and take advantage of it. As tax results in
pecuniary burden so the benefit of doubt is given to assessee in case of any contradictions.
Strict rule is applicable to taxation statutes, so courts are bound to give clear and plain
meaning to the words without delving into the consequences it can result in. There is no
presumption of tax or intendment of the legislature to impose tax unless clearly and
specifically provided. Thus, it is the legislature or subordinate authority to come forward
and bring amendments and clarifications to rectify the loopholes. Thus, direct meaning is
given to words used in the statute and in case of two interpretations coming out than in
that case that such interpretation is given, which is in favour of the taxpayer. Until and
unless, clear words are used in the statute which imposes the liability on the taxpayer,
there can be no burden to pay tax. Rule of Interpretation applicable to Taxation Statute
Taxation statute is a fiscal statute which imposes the pecuniary burden on the taxpayer. So,
such statutes are construed strictly. Plain, clear and direct grammatical meaning is given.
Where there are two possible outcomes then that interpretation is given which is in favour
of assessee. Any taxation statute involves three stages firstly, the subject on which tax is
levied or imposed, secondly, the assessment of the liability of assessee and lastly, the
recovery once the assessment is made. The first stage is where charging provisions of the
act are involved. These charging provisions must be clearly provided in the statute. These
charging provisions provide the extent and coverage of the subjects as to whom the tax is
applicable. It also provides the outline in form of subjects which the legislature wants to
cover under the law. Charging provisions are to be interpreted strictly as it results in
financial burden. There cannot be any ambiguity and meaning which is clear, obvious,
direct is given. Nothing can be inferred to substantiate the intention of the legislature or
purpose for which the law was made. Once the revenue shows that particular subject is
covered by law then tax is applicable for all those subjects. But if it fails to proof then no tax
can be imposed by extending the meaning. Principal of equity has no role to play in case of
taxation law. It is because there is lot of deeming legal fiction involved in tax laws. Thus,
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whatever is written must be strictly followed without considering its justness. If the words
are clear, then court has to give that meaning irrespective of consequences it resulted into
or in other words even if such construction is unequitable, then also Court is bound due to
legal fiction. Court cannot meet the deficiency by extending the provisions of the statute. It
is duty of the legislature to rectify it through amendments. In a Taxation statute, if a word
has a clear meaning, then in that case, the court is bound to follow the clear meaning even if
such meaning results in absurd results. It is in legislature’s domain to rectify such
absurdity. In case of taxation statutes, Courts cannot extend the scope of law by giving
meanings to word which are unclear or uncertain. This is based on the reason that if
legislature had thought of such situation, then it would have covered it by using
appropriate description and words under the principal act or taxation authority would
have issued some notification clarifying the same. The case of State of Uttar Pradesh v.
Kores India Ltd. (AIR 1977 SC 132) is relevant. In this case, the issue was pertaining to
inclusion of carbon paper in the definition of word “paper”. It was held by the Hon’ble
Supreme Court that in common parlance word paper is one which is used for writing,
packaging and printing whereas carbon paper is used entirely for different purpose.
Moreover, manufacturing process of carbon paper is entirely different and complicated
from that of normal paper. So, Court held carbon paper will not be included in normal
paper so as to make it subject to taxation. It was held that meaning of paper is quite clear
and there is no need to interpret it so as to extend its meaning to include carbon paper.
Thus, Courts are not required to extend the meaning to cover the subjects which on the face
cannot be included in common parlance. It is only when specifically provided by statute
then only it becomes subject to tax. The words used in the taxation law should be given
meaning which is understood by general public in daily routine and one which is popular.
Such meaning should be given to words which people to whom law is applicable are
familiar with. The second and third stage involved in any tax laws are assessment of the
liability and recovery of dues respectively. These provisions are machinery provisions
which provides for technicalities and procedure to be followed under the act to make it
functional. These provisions are to be interpreted fairly and liberally to promote the
intention of the legislature. In case of contradiction whereby two meaning are coming out
then one which is reasonable, which will assist in fulfilling the intention of the legislature
and solving the purpose for which law was enacted is preferred. They are to be interpreted
in such a way so as to enforce and apply charging provisions smoothly. In case of
exemptions, strict rule does not apply rather liberal rule is applied. All the conditions under
which exemptions are given must be clearly specified. Once the assessee has shown that all
the conditions precedent required to claim exemptions are fulfilled then he is entitled to
claim exemptions. Once the assessee falls within the category of exemptions, then such
exemption should be allowed. It cannot be denied on the basis of assumed or likely
intention of the authority making the law. The doctrine of Substantial Compliance is based
on the principle of equity which is also applicable to taxation laws. According to this
doctrine, if the conditions for claiming exemptions are met substantially or only a few
minor procedural requirements are not fulfilled which does not hamper the purpose for
which such law was made then in that case substantial compliance can also entitles one to
claim exemptions. Applicability of such doctrine is based on case-to-case basis as it results
are different depending on facts of each case, extent of compliance, whether partial
compliance fulfils the essence, object and purpose of the law. Conclusion As the tax laws are
interpreted strictly, legislature must ensure that words used in the statute are clear and
wide enough to cover all subjects which it intends to be taxed. Words and descriptions
should be used with proper care and sophistication so as to avoid any ambiguity. While
making the laws assistance of such experts should be taken who deal with such laws on
daily basis as they are the ones who understand the intricacies and could help in drafting
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the law involving the intricacies and complexities. Experienced Chartered Accountants,
Litigators and officers of tax department should be consulted and their experience should
be considered while enacting the laws. If the tax laws are drafted with loopholes, then the
purpose of that law is not fulfilled and the whole law collapses. Imposition of tax is burden
on the assessee so it should be interpreted strictly and no such construction should be
made on the basis of presumptions and assumptions as to intention of the legislature. No
addition or subtraction should be allowed in case of charging provisions in furtherance of
fulfilling the purpose of the act or to meet intention of the legislature. Tax laws should be
interpreted in manner so to maintain a balance between interest of both revenue
department and the assessee. Also, the role of Courts is not to apply the tax laws blindly
and strictly but it should check whether the transactions of assessee amounts to evasion of
tax, avoidance of tax or its just tax planning. If assessee deliberately makes the complex
transactions so as to avoid taxes and thereby intends to game the system, then the Courts
should adopt for reasonable and equitable construction in favour of revenue and to set
examples for future jurisprudence of interpretation of taxation laws. General principles of
interpretation of Law including the Tax Laws are to protect a citizen against the excesses of
the Executive, Administration, Corrupt authority, erring individuals and the Legislature. It
is an aid to protect and uphold ‘enduring values’ enshrined in the Constitution and Laws
enacted by the Parliament/Legislatures. It is to assist, to arrive at the real intention, object
and purpose for which Laws are enacted and to make life of each citizen worth living. Let
the hopes of the framers of the Constitution and the father of Nation, Mahatma Gandhi,
inspire all Constitutional functionaries, Judges, Jurists, Members of Tribunals, Advocates,
Chartered Accountants and the people of India to preserve their freedom and mould their
lives on sound principles of interpretation of Laws. Endeavour should be to deliver justice,
which is a divine act.

Penal statutes and welfare legislations

Interpretation of Penal Statutes

Penal Statutes may be defined as those statutes that impose penal liability on a
person who is guilty of any offence. The word penal connotes some form of punishment
imposed against the individual by mandate of the State. In Halsbury’s laws of England a
penal statute has been described as one whose primary object is expressly enforceable by
fine, imprisonment or other punishment. A statute is to be regarded as penal if it imposes a
fine, penalty or forfeiture other than a penalty in the nature of liquidated damages, or other
penalties that are of the nature of civil remedies.

Halsbury laws of England states that a penal statute has been described as one
whole primary object in expressly enforceable by fine, imprisonment or other punishment.
Criminal Law maintains public order but directly affects the personal liberty of the
individual. Hence special care and caution needs to be take while interpreting any penal
statute.
The term ‘Penal statute’, if employed without qualification, is ambiguous. The cause
of the ambiguity is that the statutes fall, from the point of view of penalty or sanction into 3
main classes-
a. Acts enforceable by criminal remedies
b. Acts enforceable by civil remedies by way of damages,
c. Act enforceable by civil remedies in the form of penalty, forfeiture or disability

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In the case of Feroze N. Dotivalaz v. P.M Wadhwani and co., the court stated:
“Generally, ordinary meaning is to be assigned to any word or phrase used or
defined in a statute. Therefore, unless there is any vagueness or ambiguity, no occasion will
arise to interpret the term in a manner which may add something to the meaning of the
word which ordinarily does not so mean by the definition itself, more particularly, where it
is a restrictive definition. Unless there are compelling reasons to do so, meaning of a
restrictive and exhaustive definition would not be expanded or made extensive to embrace
things which are strictly not within the meaning of the word as defined.”

General Principles of interpreting penal statutes:

1.To be strictly interpreted:

These penal statutes are to be strictly construed, they cannot be enlarged or extended by
intendment, implication, implication, or by any equitable consideration. The language of
penal statutes cannot be enlarged beyond the ordinary meaning of its term in order to
carry into effect the general purpose for which the the statute was enacted.
The rule of strict construction does not involve any scope of flexibility or plasticity with it.
2.Mischief to be suppressed:
Penal codes must be construed in such a manner which will suppress the mischief and
advance the object which the legislature had formed
3.Where there are two interpretation:
If in any case there are 2 interpretations to a provision of a penal law the one which is
favorable to the accused should be preferred but with due regard to the context in which it
is mentioned.
4.Consideration of Public Policy:
While interpreting any penal statute there must be due consideration to public policy.
5.Presumption against retrospective operation:
A penal statute cannot be presumed to have retrospective effect, but if it is beneficial to the
accused whereby the punishment is reduced by legislation, then the accused can be
benefitted out of such a retrospective effect.
6.Harmonious Construction:
The interpretation of any one of the provisions of a penal statute must always be in
accordance with the rest of the provisions of that statute. Therefore the rule of harmonious
construction must be applied to penal statutes
7.Mens Rea in statutory offenses:
The mental element behind any offence must be considered while interpreting any penal
statute. Therefore the existence of a guilty intent is an essential ingredient of a crime at
common law.

Welfare legislations

Concept of Social Legislation

Legislation is an instrument to control, guide and restrain the behaviour of
individuals and groups living in society. Individuals and groups left in absolute freedom
may clash with each other in the pursuit of their self interest at the cost of others.They
cause grave harm to society leading to chaos. Legislation is one of the many institutions
which controls and directs individual action into desirable channels.
Others being social customs, traditions, religious prescription etc. Law is a vast
subject having many branches. In a broad sense, all laws are social in character, in a narrow
sense only those laws that are enacted for the purpose of social welfare are categorized as

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social legislation. There are several types of legislations such as taxation, corporate, civil,
criminal, commercial etc.
Social legislation is that branch of law which is an aggregate of the laws relating to
the various socio-economic condition of the people. It is a social institution that embodies
the social norms created on the initiative of a competent legislative agency. These laws are
enacted keeping in view the needs of the time, the circumstances of the nation and its
socio-political ideals.

OBJECTIVES OF SOCIAL LEGISLATION:

Social legislation derives its inspiration from our constitution and has the following
specific objectives: i)Removal of discrimination on the grounds of sex, religion, caste, class
etc. and promotion of equality to all. ii)Safeguard the rights of the weaker section such as
women, children, elderly, widows, destitute and the backward classes. iii)Eradication of
traditional malpractices and social evils such as untouchability, dowry, child marriage,
female infanticide etc. iv)Provision of social security.

AIM OF SOCIAL LEGISLATION:

To change and reorganize society by improving its social and economic condition. Each
individual of the society has to be given equal rights and equal opportunities. Social
legislation aims to address social problems through legislative means, and initiates process
of social reform and social change based on sound social rules. Since the process of social
change in fast social legislation also provides desired direction to changes.

NEEDS FOR SOCIAL LEGISLATION:

⚫to ensure social justice, to bring about social reform, to promote social welfare, to bring
about desired social change, to protect and promote of rights of socioeconomically
disadvantaged groups of the society.

NATURE OF LEGISLATION IN WELFARE STATE:

■ Women welfare Child welfare Schedule caste development Welfare of OBC Welfare
of disable person Labour welfare Housing welfare

Child welfare:
After the formation of legislation, child labour act-1986 was come into force.
According to which no child below the age of 14 years should work in any hazardous place.
In July 2006, the Indian Govt. brought an amendment according to which, "no child below
the age of 14 should work in any hazardous place or in dhaba, hotels as servant or work as
a domestic servant. The Juvenile Justice Act, 2001 said that if a child below the age of 14
saw any deviant behavior shouldn't be punished & treat friendly behavior in adjudication.

Women welfare:
The total workforce in our country is about 314 million, out of which women
constitute 90 million & man 224 million. To maintain the dignity of women, equality of
sexes & establishment of special justice, women welfare programmes such as Janani
Suraksha Yojana, MCH, Maternity Benefit Leave, ICDS, formation of SHG, micro finance are
some of the keys which has provided welfare majors to the women.

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Schedule Caste development:

The Ministry of social justice & empowerment is the nodal ministry that overseas
the interest of the schedule caste. Besides this the national commission has been set-up to
look-after the interest of SCS & STS under article 338. To achieve their social development
to protect them from exploitation, the protection of Civil Rights Act, 1995, the SC & ST Act
1989 were enacted. Article 330 for reservation of SC & ST, Article 15 for abolition of
untouchablity is ensured by the legislation.

Welfare of disable person:

The Comprehensive Law namely the equal opportunity, protection of rights & full
participation act- 1995 has been enacted & enforced in February 1996. The Mental Health
Act 1987 & Lapers Act 1898 are working for the prevention & promotional aspects of the
disable persons.

Labour welfare:
The International Labour Organization (ILO) was set-up in 1919, as a part of the
League of Nations for the promotion of Universal Peace through social justice. The study
group of 'National Commission' on Labour on 2002 has brought out the new changes and
welfare majors for women, children & self employed workers who work as labourer. THE
CONTRACT LABOUR (REGULATIONAND ABOLITION)ACT, 1970:
The Objective of the Contract Labour Regulation and Abolition) Act, 1970 is to
prevent exploitation of contract labour and also to introduce better conditions of work. A
workman is deemed to be employed as Contract Labour when he is hired in connection
with the work of an establishment by or through a Contractor

EMPLOYEES' STATE INSURANCE ACT, 1948:

The promulgation of Employees' State Insurance Act, 1948 envisaged an integrated
need based social insurance scheme that would protect the interest of workers in
contingencies such as sickness, maternity, temporary or permanent physical disablement,
and death due to employment injury resulting in loss of wages or earning capacity The Act
also guarantees reasonably good medical care to workers and their immediate dependants.

EQUAL REMUNERATIONACT. 1976

The Equal Remuneration Act, 1976 aims to provide for the payment of equal
remuneration to men and women workers and for the prevention of discrimination, on the
ground of sex, against women in the matter of employment and for matters connected
therewith or incidental thereto.

MATERNITYBENEFIT (AMENDMENT) ACT, 2017:

Ministry of Labour and Employment, Government of India ("Ministry of Labour")

vide Official Gazette notification dated 31 March 2017 has appointed 1 April 2017 as the
date on which the Maternity Benefit (Amendment) Act 2017 ("MB Amendment Act") has
come into force. However, the relevant provision on the "work from home" option will
come into effect from 1 July 2017

Interpretation of directory and mandatory provisions

No universal rule can be laid down as to whether mandatory enactments shall be

considered directory only or obligatory with an implied nullification for disobedience.
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Courts of justice must try to get the real intention of the Legislature by carefully
understanding the intent of the statute. The Supreme Court of Indian has pointed out on
many occasions that the question as to whether a statute is mandatory or directory
depends upon the intent of the Legislature and not upon the language in which the intent is
clothed. The meaning and intention of the Legislature must govern, and these are to be
ascertained not only from the phraseology of the provision but also by considering its
nature, its design, and the consequences which would follow from construing it the one
way or the other.
According to Crawford 3—
“A statute, or one or more of its provisions, may be either mandatory or directory. While
usually in order to ascertain whether a statute is mandatory or directory, one must apply
the rules relating to the construction of statutes; yet it may be stated, as a general rule, that
those whose provisions relate to the essence of the thing to be performed or to matters of
substance, are mandatory, and those which do not relate to the essence and whose
compliance is merely a matter of convenience rather than of substance, are directory”.
In DA Koregaonkar v State of Bombay, it was held that one of the important tests that
must always be employed in order to determine whether a provision is mandatory or
directory in character is to consider whether the non-compliance of a particular provision
causes inconvenience or injustice and, if it does, then the Court would say that, the
provision must be complied with and that it is obligatory in its character.

DIFFERENCE BETWEEN MANDATORY AND DIRECTORY PROVISIONS:

According to Sutherland
“The difference between mandatory and directory statutes is one of effect only. The
question generally arises in a case involving a determination of rights as affected by the
violation of, or omission to adhere to, statutory directions. This determination involves a
decision of whether or not the violation or omission is such as to render invalid Acts or
proceedings pursuant to the statute, or rights, powers, privileges or immunities claimed
there under. If the violation or omission is invalidating, the statute is mandatory; if not, it is
directory”.

RULES FOR DETERMINATION OF MANDATORY AND DIRECTORY STATUTE:

Intention of the Legislature:
In determination of the question, whether a provision of law is directory or
mandatory, the prime object must be to ascertain the legislative intent from a
consideration of the entire statute, its nature, its object and the consequences that would
result from construing it in one way or the other, or in connection that with other related
statutes, and the determination does not depend on the form of the statute.
In Hari Vishnu Kamath v Ahmad Ishaque , the Supreme Court observed that the various
rules for determining when a statute might be construed as mandatory and when directory
are only aids for ascertaining the true intention of the Legislature which is the determining
factor, and that must ultimately depend upon the context. An enactment, mandatory in
form, might in substance be directory. The use of word 'shall' does not conclude the matter.

• Purpose behind the Statute:

In Chandrika Prasad Yadav v State of Bihar, it was held that, the question as to whether
a statute is directory or mandatory would not depend upon the phraseology used therein.
The principle as regards the nature of the statute must be determined having regard to the
purpose and object the statute seeks to achieve.
According to Sutherland,

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"It can be stated as a general proposition that, as regards the question of mandatory and
directory operation, the courts will apply that construction which best carries into effect
the purpose of the statute under consideration. To this end, the Court may inquire into the
purpose behind the enactment of the legislation, requiring construction as one of the first
steps in treating the problem. The ordinary meaning of language may be overruled to
effectuate the purpose of the statute".
In Lila Gupta v Laxmi Nariain, the Court was interpreting the proviso to section 15 of the
Hindu Marriage Act 1955 (which was repealed in 1976). The expression read as follows-
"Provided that it shall not be lawful for the respective parties to marry again unless at the
date of such marriage at least one year has elapsed from the date of the decree in the court
of the first instance". The Court observed that when a statute prohibits a certain thing being
done, thereby making it unlawful without providing for the consequence of the breach, it
was not legitimate to say that such a thing when done was void because that would be
tantamount to saying that every unlawful act is void. On the basis of this reasoning, the
Court held that a marriage in violation of the proviso would not be a nullity, irrespective of
the use of the word 'shall' in the provision.

Use of prohibitory words—

In State of Himachal Pradesh v MP Gupta, the Court was interpreting section 197 of the
Code of Criminal Procedure 1973, which provided 'that no court shall take cognizance of
any offence alleged to have been committed by a public servant, judge, magistrate, or
member of the armed forces'. It was held that the use of the words 'no' and 'shall' make it
abundantly clear that the bar on the exercise of power of the Court to take cognizance of
any offence is absolute and complete.

MANDATORY AND PERMISSIVE WORDS:

In Sidhu Ram v Secretary Railway Board, the Court had to consider the import of Rule
1732 of the Railway Establishment Code. The relevant portion of the Rule read thus—
“where the penalty of dismissal, removal from service, compulsory retirement, reduction in
rank or withholding of increment has been imposed, the appellate authority may give the
railway servant either at his discretion or if so, requested by the latter a personal hearing,
before disposing of the appeal”
The Court has to consider whether the obligation to give a personal hearing was mandatory
or directory. On plain reading of the Rule, the Court held that if the expression 'may' were
to be read as 'must', it would impose a duty on the appellate authority to give a right of
personal hearing in each case. In the opinion of the Court, if that was the intendment of the
Legislature, it would have expressed it in much simpler and explicit terms. Hence, the Court
held that the provision was directory and not mandatory. In arriving at this decision, the
Court observed—
"Ordinarily the words 'shall' and 'must' are mandatory and the word 'may' is directory
although they are often used interchangeably. It is this use, without regard to the literal
meaning, that generally makes it necessary for the Court to resort to construction in order
to ascertain the real intention of the draftsman. Nevertheless, it is generally presumed that
the words are intended to be used in their natural meaning. Law reports do show that
when a statute deals with the right of the public, or where a third person has a claim in law
to the exercise of the power, or something is directed to be done for the sake of justice of
public good, or when it became necessary to sustain the constitutionality of a statute, the
word ‘may’ is sometimes used as ‘must’. In the final analysis, it is always a matter of
construction of the statute in question”
It may, however, be noted that the presumption that the Legislature used mandatory and
permissive terms in their primary sense is a rebuttable one. The intention of the
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Legislature will control and prevail over the literal meaning of these words. The literal and
ordinary meaning of imperative and permissive terms will give way when the
interpretation of the statue according to the literal meaning of its words leads to absurd,
inconvenient, or unreasonable results.

USE OF WORD ‘MAY’: -

It is well settled that the use of the word 'may' in a statutory provision would not by itself
show that the provision is a directory in nature. In some cases, the Legislature may use the
word 'may' as a matter of pure conventional courtesy and yet intent a mandatory force. In
order, therefore, to interpret the legal import of the word 'may'. The Court has to consider
various factors, namely the object and the scheme of the act, the context and the
background against which the words have been used, the purpose and the advantages
sought to be achieved by the use of this word, and the like. It is equally well-settled that
where the word 'may' involves a discretion coupled with an obligation or where it confers a
positive benefit to a general class of subjects in a utility Act, or where the Court advances a
remedy and suppresses the mischief, or were giving the words a directory significance
would defeat the very object of the act, the word 'may' should be interpreted to convey a
mandatory force.
In Alcock, Ashdown & Company Ltd v Chief Revenue Authority, the appellants claimed
exemption from excess profit duty, but this contention was rejected. They applied to the
High Court for an order directing the respondent to state a case of the opinion of the High
Court and the question was whether the High Court had jurisdiction to do so. Section 15 of
the Excess Profits Duty Act 1919 made section 51 of the Indian Income Tax Act 1918
applicable to proceedings under the former act. Section 51 of the latter Act provides that
if— " in the course of any assessment a question has arisen with reference to the
interpretation of any of the provisions of the act, the Chief Revenue Authority may draw up
a statement of the case and refer it to the High Court.
It was held that it was true that 'may' does not mean 'shall' but when a capacity or power is
given to a pubic authority, there may be circumstances which couple with the power a duty
to exercise it. In their Lordships' view, always supposing that there is a serious point of law
to be considered, there does lie a duty upon the Chief Revenue Authority to state a case for
the opinion of the Court, and if he does not appreciate that there is such a serious point, it is
in the power of the Court to control him and to order him to state a case.
USE OF WORD SHALL:
The word 'shall' is not always decisive. Regard must be had to the context, subject matter
and object of the statutory provision in question in determining whether the same is
mandatory or directory. No universal principle of law could be laid in that behalf as to
whether a particular provision or enactment shall be considered mandatory or directory. It
is the duty of the Court to try to get at the real intention of the Legislature by carefully
analysing the whole scope of the statute or section or a phrase under consideration.
• STATUTES RELATING TO JUDICIAL DUTIES AND PROCEEDINGS: -
A statutory requirement relating to a matter of practice or procedure in the Court should
be interpreted as mandatory if it confers upon a litigant a substantial right, the violation of
which will injure him or prejudice his case. On the other hand, a statutory provision
regulating a matter of practice or procedure will generally be read as a directory when
disregard of it or the failure to follow it exactly will not materially prejudice a litigant's case
or deprive him of a substantial right.
In Kasi Bishwanath Dev v Paramananda Routrai, the matter before the Court was
whether, under 35B of Civil Procedure Code, the payment of costs would be a mandatory
condition precedent to the proceedings of the suit. The relevant portion of the provision
read as follows—
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"The Court may for reasons to be recorded, make an order requiring such party to pay to
the other party such costs as would, in the opinion of the Court, be sufficient to reimburse
the other party in respect of the expenses incurred by him in attending the Court on that
date and such order shall be condition precedent to the further prosecution of"
The Court held that the cause of justice was paramount, and a procedural law could not be
raised to the pedestal of a mandatory provision as would take away the Court's right in a
given vase to exercise its discretion in the interest of justice. Hence, the language in which
section 35B of the Civil Procedure Code had been expressed must be considered to be
directory.
Interpretation of substantive and adjunctively (Procedural statutes are also known
as adjunctival statutes) statutes

Substantive laws define the rights and responsibilities in civil law and crimes and
punishments in criminal law. Substantive laws are codified in legislated statutes or may be
practiced or modified through precedent, especially in the common law system. These laws
can also be enacted through the initiative process. Substantive laws refer to the actual
claims and defences to refer to in any particular case.
Nature of substantive laws
• Substantive laws deal with those areas of law which establish the rights and
obligations of the individuals and what individuals may or may not do.
• These laws have independent power to decide any case.
• Substantive laws dictate the legal context of any crime such as how the case will be
handled and what specific punishments to be given for any crime.
• Statutory laws or precedents in the common law system are substantive laws.
• Substantive laws deal with the legal relationship between individuals or the legal
relationship between an individual and the State.
• Substantive laws are the statutory laws which define and determine both the rights
and obligations of the citizens to be protected by law and the crimes or wrongs
and also their remedies.
• Substantive laws determine the subject matter of litigation pertaining to the
administration of justice.
In the case of Thirumalai Chemicals Ltd. v. Union of India and others (2011), the Supreme
Court ruled that substantive laws are a body of rules that “creates, defines and regulates
rights and liabilities”. On the other hand, procedural laws establish “a mechanism for
determining those rights and liabilities and a machinery for enforcing them”.
Sources of substantive laws
The Substantive Laws are usually derived from:
I. the principles in Common laws which already exist, codified statutory laws
II. Constitution
III. judicial precedents in cases with similar facts and circumstances.
Substantive laws are also derived from various treaties that dictate the conditions of the
law. One such example is the regulations and directives of the European Union followed by
trade treaties, rules of the WTO and bilateral treaties.
Other sources of substantive laws include:
• The writings of legal scholars: In civil laws, academic writings which explain or
interpret the Constitution or laws influence the decisions of the courts.
• Edicts from a king/ ruler;
• “Sharia law” in religious books and edicts in the case of some of the Islamic
countries.

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Indian Penal Code, Indian Contract Act, 1872, Transfer of Property Act, 1882, Specific Relief
Act, 1963 etc., are some of the examples of substantive laws in India.

Types of substantive laws

The substantive laws define both the rights and the wrong and the punishment or remedy
for it. The laws include all categories of Public and Private law also including both
substantive civil and criminal laws.
Substantive civil laws
Substantive civil laws are the laws which deal with disputes between any
individuals, organisations or between both of them where the victim is entitled to
compensation. Using substantive civil laws, the courts find out whether the legal rights of
the plaintiff have been violated or not.
The plaintiff should have to prove that he/ she has gone through damages or has
suffered injury by using the relevant substantive civil laws. If the plaintiff is successful in
proving his/ her point before the court by himself/ herself or through his/ her attorney,
substantive civil laws would be used to compensate the plaintiff for any injury or harm
caused accordingly.
Substantive civil laws do not provide any constitutional protection to any of the
parties but provide the right to appeal to both the parties.
Examples
Some examples and functions of substantive civil laws in India include:
• Law of Contracts such as the Indian Contract Act, 1872 defines what are the
essential elements and conditions required to enter into any contract. The
broader category of the laws related to the contract also includes the Sale Of
Goods Act, 1930 for the sale of goods and the Partnership Act, 1932 for the law
related to the formation and registration of partnership firms and businesses.
• The Indian Succession Act, 1925 is an Act dealing with the substantive laws of
testamentary and intestate succession concerning the persons who follow any
forms of Christianity in India.
• Other substantive civil laws in India are the Transfer of Property Act 1882; Indian
Trust Act, 1882; Maternity Benefit Act, 1961; The Factories Act, 1948; Industrial
Disputes Act, 1947 etc
• Substantive civil laws also include any private wrong caused to anyone or ‘Tort’. The
Law of Torts is also an example of substantive civil laws. However, the law of Tort
in India has evolved from that of its English counterpart and is not codified.

Substantive criminal laws

Substantive criminal laws deal with criminal offences and the punishments to be
awarded for each of these criminal offences.
A criminal prosecution starts after the defendant violates any criminal statute. The
primary purpose of substantive criminal laws is to provide punishment to the convict while
compensation may be provided to the victim depending on the situations.
Using substantive criminal laws, the court finds out whether the accused is guilty or
not and if found guilty, what should be the punishments for the criminal offence.
Unlike substantive civil laws, substantive criminal laws offer constitutional
protections to the accused from the very beginning of the trial. However, here only the
defendant can appeal instead of both the parties as in the case of substantive civil laws.
Examples
Various penal offences and their respective punishments have been described in the
Indian Penal Code (IPC). It also defines the conditions for various penal offences such as
‘Murder’, ‘Rape’, ‘Abduction’ etc.
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Apart from IPC, Domestic Violence Act, 2005; the Juvenile Justice (Care and
Protection of Children) Act,2000; the Sexual Harassment Of Women At Workplace
(Prevention, Prohibition And Redressal) Act, 2013 are some of the substantive criminal
laws in India.

Limitations of substantive laws

• Elements of substantive laws sometimes act as an obstacle to access to justice. Some
elements of substantive laws which are unfavorable to any litigant will constitute
an impediment to justice.
• Substantive laws can be used to limit and restrict the power and freedom of any
individual.
• The State possesses the uncontrolled and unlimited power to frame laws according
to its own will which the judiciary is bound to follow.

However, in India, the judiciary may strike down any law if it is unconstitutional.
For example, the Supreme Court of India struck down the Constitution (Ninety-
Ninth Amendment) Act, 2014, which established the National Judicial Appointment
Commission (NJAC) for the appointment of judges instead of the traditional collegium
system of appointment of judges, in the case of Supreme Court Advocates-on-Record
Association and another v. Union of India (2016).

Procedural laws
In contrast to substantive laws, procedural laws, also known as Adjective Laws, are
the laws which act as the ‘machinery’ for enforcing rights and duties. Procedural laws
comprise the rules by which a court hears and determines what happens in civil, criminal
or administrative proceedings, as well as the methods by which substantive laws are made
and administered. The rules are designed to ensure a fair and consistent application of due
process and fundamental justice to all cases before any particular court.
The validity of the substantive laws is tried and tested through the procedures of the
procedural law. In the context of procedural laws, the rights may not exhaustively refer to
the rights to information, rights to justice, rights to participate and general civil and
political rights. For example, in the sphere of environmental law, these procedural rights
have been considered in the UNECE Convention On Access To Information, Public
Participation In Decision-Making And Access To Justice In Environmental Matters, also
known as the Aarhus Convention.
Procedural laws are made to ensure the best distribution of judicial resources. All
procedural laws are made following the due process of the law. A court cannot impose a
civil or criminal penalty on any individual who has not received any notice of the case filed
against him/ her or has not got a fair opportunity to present evidence or defend himself/
herself. The standardization of the procedural laws depends on how any case is filed,
parties are informed, evidence is presented and the facts are determined to maximise the
fairness of any legal proceeding.
Nature of procedural laws
• Procedural laws lay down the ways and means substantive laws can be enforced.
• They do not carry any independent powers to decide any case.
• These laws are applied in the legal procedure which sometimes may be used in non-
legal contexts, such as filing any suits or the manner any case will proceed.
• These laws are enforced by the Acts of Parliament or implemented by the
government.

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• Apart from prescribing ways and means of enforcing rights, procedural laws also
redress for the infringement of rights, also describe the machinery for
proceedings of any suit.
• In the opinion of Holland, although procedural laws are concerned with the rights
and acts of private litigants, it also describes the organisation of Courts and the
duties of judges.
• A procedural law should always follow substantive law. The Madhya Pradesh High
Court held the decision in Farookh Mohammed v. the State of Madhya Pradesh
(2015). The Himachal Pradesh High Court held that procedural law should not
ordinarily be considered “mandatory” in the case of Gurudwara Bei Sehjal v.
Nanhku And Others (2022).

Sources of procedural laws

Procedural laws are extremely important in the administration of justice. They function as
the means by which substantive laws should be implemented.
The primary source of procedural laws is the Constitution. Other sources of procedural
laws include:
• Statutes enacted by the legislature;
• Written regulations for employees of various law enforcement agencies. These
regulations cannot be considered as laws but violating them results in taking
internal actions.
• Various rules, procedural guidelines and rulings of cases laid down by the Supreme
Court.
Types of procedural laws
Different legal systems have different procedural laws. Some of the procedural laws
may primarily look for the truths or fairness between the parties and some procedural laws
target a speedy resolution of disputes. Other procedural laws may also consist of a proper
and thorough application of legal principles. Procedural laws are the means to enforce
substantive laws. Hence, there exist different types of procedural laws depending on the
characteristics of substantive laws.
Based on these, the procedural laws are primarily of two types:
1. Civil procedural laws or laws of civil procedure and
2. Criminal procedural laws or laws of criminal procedure

Laws of Civil Procedures

Laws of Civil Procedures comprise the rules, regulations and standards for the courts to
follow during the cases relating to civil matters and various civil trials.
These procedural laws govern how a civil suit or case should commence and the
procedures to be followed during the case. They also dictate:
• the nature of pleadings and statements of case, motions or applications;
• available remedies for civil cases;
• the orders to be passed in civil cases;
• the limiting time for appeal and the manners of how the cases are to be disposed of;
• the conduction of civil trials;
• the process for passing judgement, and
• how the courts, judicial officers and clerks must function.
Civil procedural laws determine the parties of any civil case. The parties for claims
concerning the civil actions by private individuals or groups, companies, organisations or
institutions against one another and in addition. The government in power or any of the
subdivisions or agencies of the government may also be parties to civil suits filed by private
individuals or groups.
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Examples
One of the major civil procedural laws in India is the Code of Civil Procedure which governs
the administration of civil proceedings and implementations of civil orders and justice.

Laws of Criminal Procedures

While substantive criminal laws deal with punishment for criminal offences against
public and private individuals. The laws of criminal procedure can be termed corollary
where these laws lay down the criminal procedures. These laws describe how criminal law
should be applied and its procedures.
Judicial proceedings intend to find out the true facts and establish guilt or innocence
by making the best use of the available pieces of evidence. Hence, criminal procedural laws
also govern the presentation of evidence, becoming witnesses for the criminal offence
committed and the documentation and establishment of offences through physical proof.
Stages of procedural criminal laws
Procedural Criminal Law can further be divided into two stages or phases:
1. the investigatory stage; and
2. the adjudicatory stage.
In the investigatory stage, the investigation mainly consists of;
1. confirming facts and circumstances of the case by investigating police officers or
by the investigative agency and;
2. Arresting the suspect based on circumstantial evidence.
The adjudicatory stage starts with the trial of the suspect for the accusations of the criminal
offence committed in the court.
Examples
In India, the Criminal Procedure Code, 1973 describes the processes of getting the
prosecution of various types of criminal offences and the punishments to be awarded by
the criminal courts. It also lays down the details of the procedures regarding the steps to
follow during any criminal offence. These include the processes of the arrest of the accused,
investigation of the alleged crime committed, granting of bail, the jurisdiction of the courts,
filing of criminal appeals, and revisions and compounding of offence etc with regards to the
various criminal offences.

Systems of procedural laws

There are two of the most widely used procedural legal systems in the world that
have developed based on the different ways of implementing legal rules and choices. These
systems are i. Civil law procedures and ii. Criminal law procedures. Besides advantages
and strengths, both the civil and common law procedures have their fair share of
weaknesses.

Civil law procedures

Historically, civil law procedures have originated from the ancient Roman legal
system. This system gives importance to the responsibility for the development and
deciding disputes and maintains consistency in following the legal rules. The primary
responsibility to decide the cases and disputes is given to the state officials, here being the
judiciary. It is often associated with Roman law.
Civil law procedures stress the responsibility of a judiciary in a professional manner. The
judiciary thoroughly sees the matters of disputes and then decides the final outcome. The
system helps in reducing the possibility that the outcome of lawsuits will favour one of the
parties. It ensures that outcomes and legal rules will remain consistent throughout the
proceeding.

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However, it may make the parties feel that they were not given any opportunity to
be heard properly and that the facts of the dispute were not adequately probed.
Countries such as France, Germany, Greece, Italy, Japan, Mexico, Russia, Spain etc follow the
civil law procedures.

Common law procedures

The common-law procedure has its root in the English legal system. Common law
procedure is also found in the countries which were once English colonies and have
followed or derived their legal system from the legal systems of England.
Unlike the civil law procedure where the judiciary has the primary responsibility,
the common law procedures give the primary responsibility to the parties and their legal
representatives to present factual evidence and legal arguments in their own favour
respectively to a judge or, in some cases, before the jury. The role of the judge or the jury is
restricted in the common law procedures to decide which party has presented the better
and most valid argument. A favorable judgment or order is usually given depending on the
strength of the arguments.
Common law procedure allows the parties to control the flow of the litigation and it
allows the winning party to be satisfied with the outcome of the particular dispute. The
parties are given enough opportunity to be heard before any well-trained judiciary.
However, the system leads the parties to spend huge sums as expenses on litigation. The
common law system also sometimes results in legal rulings that are inconsistent and bad in
law.
Countries such as the United States, Canada and most of the Commonwealth
countries including India follow common law procedures.
Limitations of procedural laws
Procedural laws have certain drawbacks and limitations.
• Some of the procedural laws may impose strict time limitations which may either
hasten or slow down the speed of the legal proceedings.
• Any party who is unfamiliar with procedural laws may breach the guidelines.
Though they may not affect the merits of the case, the failure to follow these
guidelines may severely damage the chances of the party.
• Procedural laws are constantly torn between arguments that judges should have
greater discretion to avoid the rigidity of the rules. While the other argument is
that the judges should have less discretion in order to avoid a result based more
on personal preferences than the laws or the facts.
Differences between substantive laws and procedural laws
Topic Substantive laws Procedural laws
Substantive laws deal with the Procedural laws
legal rights and obligations of describe the ways and
Subject
the individuals among methods following
matter
themselves and towards the which substantive law
state. is enforced.
Procedural laws
exclusively deal with
These laws control and govern
Objective the proceedings in the
the rule of law as a whole.
court and the methods
to start a legal case.
Procedural laws are
Context of Substantive laws are applied
applied in both legal
application only in legal contexts.
and non-legal contexts

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including proceedings
of litigation.
Substantive laws are regulated
Procedural laws are
by the Acts of Parliament or
Regulation regulated by statutory
governmental
laws only.
implementations.
Substantive laws have Procedural laws only
individual capacities to decide can dictate the paths
Capacity
the course of any legal any legal proceeding
proceedings. should follow.
Illustrations
Some facts which further illustrate the distinctions between Substantive laws and
Procedural laws are as follows:
• The right of appeal is substantive and is a creature of the Statute. Rules of Limitation
pertain to the domain of Adjective Law, the Supreme Court of India ruled the
decision among others in the landmark case of Kesavananda Bharati v. State of
Kerala and anr (1973).
• The Supreme Court of India held that the right to appeal is not simply a mere matter
of procedure but is a substantive right in the case of ECGC Limited v. Mokul
Shriram Epc Jv (2022).
• The right to recover any property is guided by the principles of substantive law but
in which court and within what time limit an individual should start the legal
proceedings are decided by procedural law.
• For the application of remedies in case of violated rights with regards to the
administration of justice, the substantive laws define the ‘remedy’ and the right,
while the procedural laws define how the remedy to the violated right should be
provided.
• Substantive laws decide whether any offence is punishable by fine or by
imprisonment while how the offence should be punished is laid down by
procedural laws.
Conclusion
Both substantive and procedural laws play an important role in administration of
justice. Substantive laws deal with the rights and obligations of the individual towards one
another and towards the state. These laws also deal with the objectives and subject matters
of the litigations. On the other hand, procedural laws supervise and direct the proceedings
of the litigation of any particular case. The substantive and procedural laws are
complementary to each other. While substantive laws explain the guiding rules and
regulations as per law, procedural law describes how the laws should be enforced. As
rightly held by the Hon’ble Supreme Court and confirmed in several of the cases,
“A procedural law is always subservient to the substantive law.”.

4.2 Presumptions in Statutory interpretation – Statutes are valid, Statutes are territorial
in operation, Presumption as to jurisdiction, Presumption against what is inconvenient or
absurd, Presumption against intending injustice, Presumption against impairing
obligations or permitting advantage from one’s own wrong.
a. Statutes are valid - As mentioned above, Enabling Statute means statute which either
enlarges common law or makes something lawful which otherwise was
unlawful. Instances of enabling statute can be acts authorizing compulsory acquisition of
land for public benefit or prohibition of public and private nuisances. Such a statute grants
or extends authority to carry on the procedure of the act and these rules can provide for

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several matters sans the preconceived opinion of the current provisions.

Illustration of this kind is Section 49 A and Section 49-A (2) of the Advocates Act as
amended by Act 21 of 1964.
Purpose & Effects
We are already through with the definitions and the meaning of enabling statute. It
is, however, important for us to know that enabling statute creates Agency and defines
its purpose and gives power to Agency.
It defines the procedural rules and formalities for all federal agencies and the
rule book for administrative agencies. Although powers differ from agency to agency, it is
possible to make accurate generalizations about the powers of the typical administrative
agency.
One of the principles of law with regards to the effects of an enabling statute is
that if the legislature gives the authority of something to be done, it at that same time
gives the powers by all the crucial presumptions and information to accomplish
every act which is necessary for carrying out the purposes in view.
This general rule under the law is that whenever the legislature gives any power to
the public at large to do anything which is public in nature, the legislature also gives all the
rights without which the power would be completely isolated. However, all the above-
mentioned circumstances cannot be implied in Accidental situations.

How is Enabling Statute Constructed?

It is to be noted that the mentioned words in the statute should be compulsorily
considered principally where ‘object of the power’ (which is either increased or
introduced) is to put into operation a specified legal right. There have been many acts
which have compulsory effects like the acts which authorize the compulsory acquisition of
land for public purposes. Also, the acts which deal with public nuisances have the same
compulsory effects.
Likewise, by an act of parliament, many other things can be done to an enabling
statute which passed down the powers to public bodies to accomplish the acts which are
public in nature with the perspective to fulfill the requirements with the power otherwise
the powers so given would be meaningless.
Maxim “Expressio unius est excluio alterius” in English means “express
enactment shuts the door to further implications”. In the other words, we can say that it
expresses a certain rule which states that where the legislature expressly lays down,
various terms and modes of dealing with the matter, it excludes any other mode except as
specifically authorized.
Under certain cases, the words must be read to cover the case. However, the words
so read to cover it by reasonable construction may sometimes point more exactly to
another case. These cases are clearly within the mischief. Thus, it is important to provide a
cloak to the case rather than make it a casus omissus.
However, the right is gone if the legislation lucidly authorizes that the act to be done
should be physically inconsistent with the continuance of an existing right because the act
so mentioned cannot be completed sans repealing the right.

Meaning of Discretionary Powers & Related Rules

Discretionary powers means the right to decide something based on one’s
own judgment.
The statute gives discretionary powers to the authorities to carry out the acts
mentioned in the statute in a reasonable and fair manner after consideration of various
circumstances and conditions significant to the case. So, the discretionary powers

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mentioned in the statute gives the right to the donee either to use or devoid oneself from
the right at his/her own will or discretion.
Thus, it is not necessary that the intention of the legislature should always be
expressed in directory and imperative manner but if the statute gives discretionary power
to the person regarding the rights so mentioned then the discretion is absolute. It is
the duty of those people to abide by the rules and regulation so mentioned.
However, if such discretion is to be exercised by the court of justice then it must be
governed by those rules i.e. it should not be vague and fanciful but should be clear and
legal.
Legislature, however grants power to the court to employ permissive words in
specific cases and circumstances as mentioned in the statute. It thus becomes the duty
of the court to exercise the powers along with the proof according to the circumstances. In
such cases, those words of the legislature should be strictly adopted in administration of
justice.

b. Statutes are territorial in operation

PRESUMPTION AS TO TERRITORIAL OPERATION
• A law made by a legislature belongs to the territory over which the legislature has
jurisdiction and applies to persons, things, acts and events within that territory.
• It does not apply to persons, things, acts and events elsewhere. If any legislature
attempts to enacts a law in a such a way that it has extra – territorial operation, the
law will be invalid to that extent.
• Article 245 (1) of the Constitution empowers the Parliament to enact laws for the
whole or any part of the territory of India and authorises state legislatures to make
laws for the whole or part of the State.
• Article 245 (2) provides that no law made by the Parliament shall be deemed to be
invalid on the ground that it would have extra – territorial operation.
• Thus, a law made by the Parliament cannot be challenged before the Courts in India
on the ground that the law has extra territorial effect. But there is no similar
provision in favour of laws made by State legislatures and hence, a law made by a
State legislature may be challenged on the ground of extra territorial operation.
• It is presumed that a legislation is territorial in its operation. Thus, the presumption
is that a law made by a legislature is operative only within the territorial limits of
the legislature.
• Thus if the statutes reads, “Any person…”it cannot be interpreted to mean any
person in any corner of the world, but to any person who is subject to the
jurisdiction of the legislature.

TERRITORIAL NEXUS
• There is an exception to the general rule that a law operates only within the
territory over which the legislature which made that law has jurisdiction.
• A state law having extra – territorial operation will be valid if there is sufficient
nexus between the state and the object of the law. In such a case law made by one
state may be recognised and enforced by the Courts of another state.
• ‘Nexus’ means connection, link or relation. The law made by state legislatures may
be given extra – territorial effect only when the territorial nexus can be established.
• Such nexus must be real and the liability sought to be imposed must be pertinent to
that connection.
• State of Bombay v. R.M. D. Chamarbaugwala: A company incorporated in the
State of Mysore and conducted crosswords prize competitions through agents and
depots established in the state of Bombay and by circulating newspaper in the state
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of Bombay. The newspaper was printed and published in the state of Mysore. The
tax imposed by the Bombay legislature was held to be valid on the ground of
territorial nexus.

C. Presumption as to jurisdiction
In dealing with the question whether a civil courts jurisdiction to entertain a suit is
barred or not, it is necessary to bear in mind that every presumption should be made in
favor of the jurisdiction of the civil court. The exclusion of jurisdiction of a civil court to
entertain civil causes should not be readily inferred unless the relevant statue contains an
express provision to that effect or leads to a necessary and inevitable implication of the
nature.
There is a strong presumption that a statute should not be given such an
interpretation as takes away the jurisdiction of the courts unless the language of the statute
unambiguously so states. The presumption is that since the legislature ordinarily does not
intend that justice should be out of bounds for the subjects, the courts must be presumed to
have jurisdiction unless the legislature by clear words or by clear necessary implications
have ousted jurisdiction.
Since jurisdiction is bestowed in a court by legislation, legislation alone can take
away the same. The parties to a dispute can neither create by mutual consent jurisdiction of
a court to try their dispute nor can they take it away by mutual consent if in fact a court is
vested with jurisdiction in the matter. Mutual consent of parties, however, can create an
arbitrator and the arbitrator may be a judge also.
There is a strong presumption that civil courts have jurisdiction to decide all
questions of civil nature. The exclusion of jurisdiction of civil courts is therefore not to be
readily inferred and such exclusion must either be explicitly expressed or clearly implied. It
is a principle by no means to be whittled down and has been referred to as a fundamental
rule. As a necessary corollary of this rule, provisions excluding jurisdiction of civil courts
and provisions conferring jurisdiction on authorities and tribunals other than civil courts
are strictly construed. The rule that the exclusion of jurisdiction of civil courts is not to be
readily inferred is based on the theory that civil courts are courts of general jurisdiction
and the people have a right, unless expressly or implicitly debarred, to insist for free access
to the courts of general jurisdiction of the State. Indeed, the principle is not limited to civil
courts alone, but applies to all courts of general jurisdiction including criminal courts.
Exclusion of jurisdiction of ordinary criminal courts can be brought about by setting up
courts of limited jurisdiction in respect of the limited field, only if the vesting and the
exercise of that limited jurisdiction is clear and operative and there is an adequate
machinery for the exercise of the limited jurisdiction. But the rule against exclusion of
jurisdiction of courts like other rules of construction is attached only where two or more
reasonably possible construction are open on the language of the statute and not where the
legislative intent is plain and manifest to oust the jurisdiction.
The Supreme Court stated that the first and the primary rule of construction is that
the intention of the legislature must be found in the words used by the legislature itself. If
the word used are capable of one construction only then it would not been open for the
courts to adopt any other hypothetical construction on the ground that such a construction
is more consistent with the alleged object and policy of the Act. The words used in the
material provisions of the statue must be interpreted in their plain grammatical meaning
and it is only when such words are capable of two constructions that the question of giving
effect to the policy, or object of the Act can legitimately arise. When the material words are
capable of two constructions, one of which is likely to defeat or impair the policy of the Act
whilst the other is likely to assist the achievement of the said policy, then the courts would

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prefer to adopt the latter construction. It is only in such cases that it becomes relevant to
consider the mischief and defect which the Act purposes, to remedy and correct.
The superior court can in a proper case exercise its jurisdiction even in favor of a
petitioner who has allowed the time to appeal to expire or has not perfected his appeal, for
example, by furnishing security required by the statute, when an inferior court or tribunal
by discarding all principles of natural justice and all accepted rules of procedure arrived at
a conclusion which shocks the sense of justice and fairly or the inferior court or tribunal
acts wholly without jurisdiction or patently in excess of jurisdiction.
The Supreme Court has held the jurisdiction of the Court was not excluded and
laid down the following principles:

1. Where the state gives finality to the orders of the special tribunals the jurisdiction of the
civil court must be held to be excluded if there is adequate remedy to do what the civil
courts would normally do in a suit. Such provision, however, does not exclude those cases
where the provisions of the particular Act have not been complied with or the statutory
tribunal has not acted in conformity with the fundamental principles of judicial procedure.

2. Where there is an express bar of the jurisdiction of the court, an examination of the
scheme of the particular Act to find the adequacy or the sufficiency of the remedies
provided may be relevant but is not decisive to sustain the jurisdiction of the civil court,
where there is no express exclusion, the examination of the remedies and the scheme of the
particular Act to find out the amendment becomes necessary and the result of the inquiry
may be decisive. In the latter case, it is necessary to see if the statute creates a special right
or a liability and provides for the determination of the right or the liability and further lays
down that all questions about the said right and liability shall be determined by tribunals
so constituted, and whether remedies normally associated with actions in civil courts are
prescribed by the said statute or not.

3. Challenge to the provisions of the particular Act as ultra virus cannot be brought before
the tribunals constituted under that Act. Even the High Court cannot go into that question
on a revision or reference from the decision of the tribunals.

4. Where a provision is already declared unconstitutional or the constitutionality of any

provision is to be challenged, a suit is open. A writ of certiorari may include a direction for
refund if the claim is clearly within the time prescribed by the Limitation Act, but it is not a
compulsory remedy to replace a suit.

5. Where the particular Act contains no machinery for refund of tax collected in excess of
the constitutional limits or illegally collected, a suit lies.

6. Questions of the correctness of the assessment apart from its constitutional ties are the
decisions of the authorities and a civil suit does not lie if the orders of the authorities are
declared to be final or there is an express prohibition in the particular Act in either case,
the scheme of the particular Act must be examined because it is a relevant inquiry.

7. An exclusion of the jurisdiction of the civil court is not to be readily inferred unless the
conditions above set down apply.

The Industrial Disputes Act, 1947 also furnishes an example of an Act which creates
new rights and obligations and provides machinery for adjudication of disputes pertaining
to them. The Supreme Court has held that if an industrial dispute relates to the
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enforcement of a right or an obligation created under the Act then the only remedy
available to the suit is to get an adjudication under the Act. This case was followed in
holding that for wrongs created by the Act the only remedy is what is provided in the Act.

d. Presumption against what is inconvenient or absurd

Any statute is presumed to be logical and reasonable in its interpretation. They are
not supposed to be causing any inconvenience or absurdity by their interpretation. The
interpretation of any statute should be in the lines of justice. For example, a statute is not
intended to deprive a person of his liberty. If it does so, clear words must be used, like in
immigration laws etc.
Also, statute cannot impose criminal liability without proof of guilty intention, if
done so it will lead to absurdity. Many modern statutes rebut this presumption by imposing
strict liability; for e.g. -dangerous driving.

Case: I.R.C v/s R. Woolf Fibres Ltd

The question before the court was regarding definition of word "Member" under
Companies Act.
The definition according to the Act states that- Any person having a share of interest
in the capital, income or profits of the company shall be deemed to be a member of
company. Can the literal construction of this definition include debenture holder(creditor)?
The court held that extending the definition of member by including debenture
holder in it will lead to absurdity. Therefore, debenture holder were not considered as
member of a company.

Case: Marshall v/s Ericsson Telephone Co.

The dispute in this case was regarding an adoption order of child. The order stated
that adoption can only be made if the child is continuously in the care and possession of the
applicant for at-least three consecutive months. The question here was that whether the
time spent in school, or in care of some friend or relative be construed in the calculation of
three months period. The court held that not to construe these time lapses in the period of
three months would lead to inconvenience.

PRESUMPTION AGAINST IMPAIRING OBLIGATION

A statute does not repeal other statutes. Any point on which the statute leaves a gap
or omission is outside the scope of the statute. They do not alter the existing common law.
If a statute is capable of two interpretations, one involving alteration of the common law
and the other one not, the latter interpretation is to be preferred.

PRESUMPTION AGAINST RETROSPECTIVE OPERATION

A statute does not have retrospective effect to a date earlier than its becoming law.
Maxwell talked about the retrospectivity of the operation- A statute is retrospective which
either takes away or impairs any vested right acquired under any law or creates new
obligation or attaches a new disability as regards to the transaction which stands already
passed.

Case: Maitri Koley v/s New India Assurance Co. Ltd

It talks as to whether enhanced compensation to be given to all the pending cases
pertaining to Motor Vehicles Act unless it is expressly provided? It was held that new
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Motor Vehicles Act will not affect the amount of compensation in the pending proceedings.
No retrospective operation in case of Motors Act. All statutes of Motor Vehicles Act are held
to be prospective in nature.

e.Presumption against intending injustice

When laws are made by elected representative of the people, it is proper to assume
that they enact laws which the society considers as honest, fair and reasonable. As a result,
justice and reason constitute the great general legislative intent in every piece of
legislation. If this is not there and harsh and ridiculous effect was actually intended by the
legislature, it could not be easily accepted that it represents the legislative intent.

g. Presumption against impairing obligations

A statute does not repeal other statutes. Any point on which the statute leaves a gap
or omission is outside the scope of the statute. They do not alter the existing common law.
If a statute is capable of two interpretations, one involving alteration of the common law
and the other one not, the latter interpretation is to be preferred.

f.permitting advantage from one’s own wrong

“In this appeal before this Court, counsel for the wife did not challenge the finding of
the Division Bench that the consent decree as such was not bad or collusive. What he tried
to urge before us was that in view of the expression ‘wrong’ in Section 23 (1) (a) of the Act,
the husband was disentitled in this case to get a decree for divorce. It was sought to be
urged that from the very beginning the husband wanted that decree for divorce should be
passed. He therefore did not deliberately oppose the decree for restitution of conjugal
rights.
It was submitted on the other hand that the respondent/husband had with the
intention of ultimately having divorce allowed the wife a decree for the restitution of
conjugal rights knowing full well that this decree he would not honor and thereby he
misled the wife and the Court and thereafter refused to cohabitate with the wife and now, it
was submitted, cannot be allowed to take advantage of his ‘wrong’. There is, however, no
whisper of these allegations in the pleadings. As usual, on this being pointed out, the
counsel prayed that he should be given an opportunity of amending his pleadings and, the
parties, with usual plea, should not suffer for the mistake of the lawyers. In this case,
however, there are insurmountable difficulties.
Firstly there was no pleading secondly this ground was not urged before any of the
courts below which is a question of fact, thirdly the facts pleaded and the allegations made
by the wife in the trial Court and before the Division Bench were contrary to the facts now
sought to be urged in support of her appeal. The definite case of the wife was that after the
decree for restitution of conjugal rights, the husband and wife cohabitated for two days.
The ground now sought to be urged is that the husband wanted the wife to have a decree
for judicial separation by some kind of a trap and then not to cohabitate with her and
thereafter obtain this decree for divorce. This would be opposed to the facts alleged in the
defense by the wife.
Therefore quite apart from the fact that there was no pleading which is a serious
and fatal mistake, there is no scope of giving any opportunity of amending the pleadings at
this stage permitting the wife to make an inconsistent case. Counsel for the appellant
sought to urge that the expression ‘taking advantage of his or her own wrong’ in clause (a)
of sub section (1) of Section 23 must be construed in such a manner as would not make the
Indian wives suffer at the hands of cunning and dishonest husbands, Firstly even if there is
any scope for accepting this broad argument, it has no factual application to this case and
secondly if that is so then it requires a legislation to that effect. We are therefore unable to
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accept the contention of counsel for the appellant that the conduct of the husband sought to
be urged against him could possibly come within the expression ‘his own wrong’ in Section
23 (1) (a) of the Act so as to disentitle him to a decree for divorce to which he is otherwise
entitled to as held by the Courts below. Furthermore, we reach this conclusion without any
mental compunction because it is evident that for whatever be the reasons this marriage
has broken down and the parties can no longer live together as husband and wife, if such is
the situation it is better to close the chapter [AIR 1984 SC 1562 ]

4.3 General Clauses Act, 1897

The General Clause Act, 1897 is that sort of act which lay down the essential
principle on how the law should be interpreted. It’s also referred to as the interpretation
act. The clause provides legal terms, methodologies, and expressions that help to get rid of
repetition and also provides a typical set of principles which is employed in legislation. It
provides rules on interpretation and expression to define things more clearly.

What’s the General Rule of Construction?

As clear from the name, it defines how legal documents are often interpreted
especially contracts and statutes. Most states in India treat the principles as mere customs
not having the Force of law. Construction of documents is usually done on unambiguous
legal documents and when the dispute is of legal significance. We will examine the legal
terms, the circumstances round the case, provisions, law, and verbal agreements. If there’s
the technical and exact meaning of word available for any ambiguous word is given, we
should always use only that word no other similar meaning are going to be used. A near
similar or equitable word permits a term to be reasonably and fairly evaluated so on be
similar with the thing and purpose that the document is meant. This doesn’t mean that the
words are going to be used out of their natural sense of meaning. We either see an
intention of document or in any case document is unambiguous a daily pattern of the
choice concerning the appliance of a provision of statute or how the text is going to be
applied in several cases.

What are the terms of Construction?

Ejusdem Generic: – If the document is unambiguous, then interpretation should be
done against interest one that wishes the clause to be interpreted.
The definition of unambiguous law may be a question of law and decided by the province of
law and may be determined the sensible knowledge.

Explain kinds of Rule of Construction.

• 1. The literal rule of construction: – the meaning of words or construction of words
should be done because it was gone by authorities. If the planet is already
ambiguous and clearly defined there’s no need for interpretation.
• 2. Purposive rule of interpretation: – we should always see what common law was
before making the act. What mischief was corrected by the law? For what purpose
law was established and what was the truth reason of remedy?
• 3. Harmonious construction: – meaning of an act should be constructed harmonious
with other articles. A provision of the constitution must be construed and thought of
as a neighborhood of the law and it shouldn’t be conflicted with other Articles and
which conform with the Constitution’s general scheme.
• 4. Rule of beneficial construction: – when there’s quite two interpretations of the
law, one should prefer which give law and protect the advantage of given legislation.
Legislative intent should be focused. Benefits of interpretation should tend to those
that are included therein scheme and not extended to others.
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• 5. Strict construction of penal statutes: – there’s two possibility of interpretation, the

one who attracts penalty and one who doesn’t. The court should more incline to
ones who didn’t attract a penalty.

What is the importance of the overall Clause Act 1897?

The purpose of the overall Clauses Act is to put in one single statute different
provisions as regards the interpretation of words and legal principles which might
otherwise need to be specified separately in many various Acts and Regulations.
GENERAL CLAUSES ACT, 1977. for which, anything is to be done under the Act or
Regulation, then that power could also be exercised at any time after the passing of the Act
or Regulation; but rules, bye-laws or orders so made or issued shall not become till the
commencement of the Act or Regulation.

Explain the applicability of the overall Clauses Act, 1897 for the interpretation of the
Constitution.
The relevant extract is as under: “367
(1) unless the context otherwise requires, the overall Clauses Act, 1897,
shall, subject to any adaptations and modifications which will be
made therein under Article 372, 69.
(2) Thus, the overall Clause Act applies just for the interpretation of the
constitution. the overall Clauses Act defines various terms in section
(3) These definitions will apply for the interpretation when these words
are employed within the Constitution. aside from the definition,
Section 16 (power to appoint to incorporate the power to suspend or
dismiss), Section 21 (Power to issue to incorporate the power to
feature to, amend, vary or rescind Notification, Orders, Rules or Bye-
laws), etc. which are general rules of construction and which are
otherwise in unison with the common law can also apply for the
interpretation of the Constitution.
Further, Section 6 applies only to the repeal of an enactment. Enactment is defined
under Section 3(19) of the overall Clauses Act to incorporate regulation or any provision
contained in any Act or regulation. However, Constitution isn’t an enactment. The
Constitution is supreme and is, in fact, the inspiration of all the enactment. This has been
observed by the Law Commission in its 60th Report on the overall Clauses Act, 1897 within
the context of Section 8 (construction of references of repealed enactment).

“1.30.Effect of section 8 on Article 367. – Will section 8 of the overall Clauses Act, which
provides that when an enactment is repealed and re-enacted, references to the old
enactment are going to be construed as references thereto, re-enacted one, make any
difference? We don’t think so. It should be noted that the words “unless the context
otherwise requires” (in Article 367) mean that the overall Clauses Act, section 8, is to be
excluded. Even by its terms, section 8 of the overall Clauses Act won’t apply to the
Constitution, because the expression “enactment” (which occurs in section 8) wouldn’t
absorb the Constitution, which isn’t an “enactment”. The Constitution is supreme and is, in
fact, the inspiration of all enactments.”

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