Interpretation of Statutes

Written by Hanumant's Law Journal

Tuesday, 08 September 2009 01:41 - Last Updated Tuesday, 08 September 2009 16:35

Interpretation of Statutes

Unit 4 - Rules of Statutory Interpretation

Q. 1 Discuss the rules of statutory interpretation with the help of decided cases. Explain -
Literal Rule, Mischief Rule (aka Rule in Haydon's care), Golden Rule, Rule of Harmonious
Construction, Noscitur a sociis, Ejusdem generis, Reddendo singul singuis. State the
circumstances when these rules are applied by the courts.

Unit 5 - Presumptions in Statutory Interpretation

Q. 2 How is the terrestrial operation of a statute decided?

Q. 3 Discuss the presumption as to jurisdiction of a statute. Can the jurisdiction of Supreme

court or High Court be affected by a statue?

Q. 4 What do you understand by retrospective operation of a statute? Whether the legislature is

empowered to enact a law with retrospective effect?

Unit 6 - Maxims of Statutory Interpretation

Q. 5 Explain - Generalia specialibus non derogant, utres magis valeat quam pereat, expression
facit cessare tacitum

Unit 7 - Interpretation with reference to subject matter and purpose

Q. 6 What do you understand by beneficial construction? Explain the statement, "Beneficial

construction is a tendency rather than a rule". What do you understand by strict interpretation?
Discuss the rules of interpretation for Fiscal Statutes/Taxing Statutes, Penal Statutes, Enabling
Statutes, and Welfare Legislation. Explain why should a taxing statute be strictly constructed?
If there is an ambiguity in a word in a penal statute, what interpretation should be given and
why?

Q. 7 Explain the contribution of Mandatory and Directory enactments in interpretation of statues.

What principles would you follow in order to ascertain whether a provision on an enactment is
mandatory or directory.

Unit 8 - Principles of Constitutional Interpretation

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Interpretation of Statutes

Written by Hanumant's Law Journal

Tuesday, 08 September 2009 01:41 - Last Updated Tuesday, 08 September 2009 16:35

Q. 8 Discuss the principles of Constitutional Interpretation in detail. Explain, "In the

interpretation of constitution, the judicial approach should be dynamic than static, pragmatic
than pedantic, and elastic than rigid". Describe - Harmonious Construction, Doctrine of Pith
and Substance, Colourable Legislation, Proviso, Doctrine of Eclipse, Principle of separation.
What is the proper function of a proviso? Can it affect the enacting portion of a section as well?

Q. 9 Difference between Interpretation and Construction, Amendment, and Repeal

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