Roll No.

R760218024
SAP ID. 500070320
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
End Semester Examination, July 2020
Open Book – Through Blackboard Learning Management System

Course: Interpretation of Statutes Semester: IV

Programme: BBA.LLB. Corp Law
Course Code : CLCC2006

Time: 03 hrs. Max. Marks: 100

Instructions:
As this examination is in open-book format, the students are expected to demonstrate a very high degree of Academic Integrity
and not copy contents from resources referred. Instructors would look for understanding of the concept by the students and any
similarity found from resources online/ offline shall be penalized in terms of deduction of marks and even cancellation of paper
in requisite cases. The online examination committee of the School would also look for similarity of two answer scripts and if
answer scripts of two or more students are found similar, both the answer scripts shall be treated as copied and lead to
cancellation of the paper. In view of the aforesaid points, the students are warned that they should desist from using any unfair means.

All Questions are Compulsory

Answer each question in not more than 500 words

S. No. Marks CO
1 (a) “The courts cannot add words to a statute or read words into it which are not there.
The courts shall decide what the law is and not what it should be. The court will, of
course, adopt a construction which will carry out the obvious intention of the
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legislature”. Discuss with reference to decided Indian cases.

.
Ans. “The courts cannot add words to a statute or read words into it which are not there.
The courts shall decide what the law is and not what it should be. The court will, of
course, adopt a construction which will carry out the obvious intention of the
legislature”. This is a correct statement as India follows the doctrine of s eparation of
powers, therefore all 3 organs of the democracy have their own functions, and thus cannot
intervene in functioning of others, the executive has the power to make policy decisions and
implement laws.  The legislature is empowered to issue enactments/Laws and the judiciary is
responsible for resolving disputes. 
Here comes the importance of Literal rule of interpretation, this rule aims at giving words
their ordinary and natural meaning. Technical words shall be interpreted in technical sense,
It is the duty of court to not modify the language of the act if such meaning is clear and
unambiguous. It is also called the safest rule of interpretation, as the basic rule is that
whatever the intention of legislation was, they have expressed through words.

The cases for reference are Kanai Lal Sur v. Paramnidhi Sadhukhan 1957, the
 Supreme Court held that, it must always be kept in mind that the first and primary
rule of construction is that the intention of the Legislature must be found in the
words used by the Legislature itself. If the words used are capable of one
construction only then it would not be open to the courts to adopt any other
hypothetical construction on the ground that such hypothetical construction is more
consistent with the alleged object and policy of the Act.

In Ram Rattan v. Parma Nand 1946, the court, held that the cardinal rule of
construction of statutes is to read the statutes literally, that is, by giving to the words
their ordinary, natural and grammatical meaning. If, however, such a reading leads to
absurdity and the words are susceptible of another meaning, the Court may adopt the
same. But if no such alternative construction is possible, the Court must adopt the
ordinary rule of literal interpretation
1 (b) A preamble is often described as a “Key to open the minds of the makers of the Act.”
At the same time it is also said that where enacting words “admit of only one
construction, that construction will receive effect even if it is inconsistent with 10 Co2
preamble…..:” What, in your analysis, is the status and role of a preamble in the
process of statutory interpretation?
Ans. Preamble the introductory part of a statute , Preamble is an internal aid used by the
judiciary while interpretation, Preamble is an important tool that judiciary uses.

Preamble generally follows the long title and contains main object for which the act
is passed, It helps in ascertaining the most appropriate meanings to words used in
statute in case it contains multiple meaning, It outlines the objective of the whole act.
There is no doubt that it cannot be used to modify the language of the act, if the
language of the enactment is plain and clear.

It has been held that if the language of the act is capable of more than one meaning
then that one is to be preferred which comes nearest to the purpose and scope of the
preamble. This was also confirmed by the supreme court in the case of Arnit Das Vs
State of Bihar

Article 24 of the Constitution of India provides:

2 “No child below the age of 14 years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.
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State which doctrine can be applied to the interpretation of the expression ‘any other
hazardous employment”? Answer giving reasons and with reference to decided cases

Ans. “No child below the age of 14 years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.
In this expression, the doctrine of Ejusdem Generis can be applied.
The doctrine of Ejusdem Generis means that of the same kind. Normally, general
words should be given their natural and ordinary meaning, But when a general word
follows specific words of a distinct category, the general word may be given a
restricted meaning of the same category, This principle is limited in its application to
general word following less general word only. If the specific words do not belong to
a distinct class, this rule is inapplicable also, if a general word is followed by only
one particular word, that single particular word does not constitute a distinct class
therefore, Ejusdem Generis rule cannot be applied in such a case.
 The Ejusdem Generis rule aims to resolve the problem of giving meaning to groups
of words, where one of the words is ambiguous or unclear, It shall also be noted that
this rule shall be applied with great caution as it implies a change from natural
meaning of words, in order to give them a meaning on supposed intention of the
legislature, therefore if the court doesn’t give the words the correct meaning, it could
lead to violation of doctrine of separation of power.

The case in reference to this doctrine is ”M.C. Mehta v. State of Tamil Nadu and
Others, 1996”

This case was related to the employment of children under the age of 14.

FACTS

There was high rate of employment of children in the Match factories of Tamil Nadu
State. Petitioner  contended that such employment was hazardous and
unconstitutional., most of those children were under the age of 14.

The respondent argued that those children were not employed in manufacturing of
matches, but were employed for packaging of matches , and packing wasn’t a
hazardous thing, But the court held that since the packaging of the matches were also
carried out inside the factory, therefore the employment of children there was
hazardous, Therefore the children could not be employed there
3 (a) “Where there are in a statute two provisions, which are in conflict with each other
such that both of them cannot stand, they should, if possible, be so interpreted that
effect can be given to both and that a construction which renders either of them
inoperative and useless should not be adopted except in the last resort.” Explain and 10 Co3
illustrate the above dictum.

Ans. “Where there are in a statute two provisions, which are in conflict with each other
such that both of them cannot stand, they should, if possible, be so interpreted that
effect can be given to both and that a construction which renders either of them
inoperative and useless should not be adopted except in the last resort.”

Here this above dictum means that when 2 or more provisions of stautes are in
conflict witch each other or are repugnant to each other, it is the duty of the court to
construe the provision of maintaining harmony between them, Court shall use
Harmonious rule of construction in such cases. The court shall also keep the
following things in mind:-

1. Avoid a head on clash

2. Provision of 1 section cannot be used to defeat provision of other, unless its
impossible
 3. Interpretation that reduces a provision to dead is not a harmonious
construction
4. To Harmonise is not to destroy any statutory provision
5.  When it is not possible to reconcile the differences in contradictory provisions,
the courts should interpret them in a manner so that result effect is given to each
of the provisions the maximum amount as attainable

These above mentioned principles were laid down by supreme court in the
famous case of CIT v Hindustan Bulk Carriers

In Raj Krishna VS Binod 1954, 2 provisions of Representation of People

Act, 1951, which were in apparent conflict were brought forth in this case.
Section 33(2) says that a government servant can nominate or a second a
candidate in the election but Section 123(8) says that a government servant
cannot assist any candidate in election expect by casting his vote. The SC
observed that both these provisions should be harmoniously interpreted and
held that a government servant was entitled to nominate or a second
candidate seeking election in State Legislative Assembly. This harmony can
be achieved if Section 123(8) is interpreted as giving the government servant
the right to vote as well as to nominate a candidate and forbidding him to
assist the candidate in any other manner.

3 (b) What is the effect of repeal of a repealing statute?

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Ans. Repeal means to revoke or cancel a statute. Any statute may repeal any Act in whole
or in part, 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.
It should ne noted that the power to repeal any statue lies with the legislature
There exist 2 types of statutes , a)temporary and b)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.

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.

There are two types of repeal: A) Express Repeal, B) 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.

Implied repeal

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.

The effects of the repeal of a statute can bedescribed under the following heads:

1. 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.

2. General consequences of repeal

  A newly enacted law replaces 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.

3. 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.

Notifications, Orders, Rules, etc made under temporary statute :

When a temporary Act expires, the normal rule is that any appointment, notification,
order, scheme, rule, form or bye-law made or issued under the Act will also come to
an end with the expiry of the Act

4 Provision of Delhi Rent Control Act, 1958 says: 14 (1) Notwithstanding anything to 20 Co4
the contrary contained in any other law or contract, no order or decree for the
recovery of possession of any premises shall be made by any court or Controller in
favour of the landlord against a tenant: Provided that the Controller may, on an
 application made to him in the prescribed manner, make an order for the recovery of
possession of the premises on one or more of the following grounds only, namely:
XX XX XX (d) that the premises were let for use as a residence and neither the
tenant nor any member of his family has been residing therein for a period of six
months immediately before the date of the filing of the application for the recovery
of possession thereof;"

Mr. X took the premises on rent on May 12, 1961 at a monthly rental of Rs. 95/-. At
the time when the tenancy started, the tenant was living in the tenanted house with
his father, mother, two sisters and a brother. The tenant himself was at that time a
bachelor but seems to have married subsequently. In 1971 the tenant went to Canada
followed by his wife and children. It is alleged that after having gone to Canada, the
husband along with his wife took up some employment there and did not return to
India after 1971. While leaving for Canada the tenant had left his mother and brother
in the house who were regularly paying rent to the landlord.

The landlord filed an application for ejectment of the tenant on the ground of s. 14
and pleaded that with the exit of the tenant from the house it became vacant and his
mother and brother who were left behind could not be treated as members of the
family. Hence, in the eye of law the tenanted premises must be deemed to have fallen
vacant

Decide on the basis of above facts and which rule of interpretation you will apply
and why.

Ans. In this case I would apply the Beneficial Rule of Construction,

This rule aims at giving widest meaning possible to the statutes. When there are two
or more possible ways of interpreting a section or a word, the meaning which gives
protects the benefits which are purported to be given by the legislation, shall be
chosen. Although beneficial legislation does receive liberal interpretation, the courts
try to remain within the scheme and not extend the benefit to those not covered by
the scheme, court shall not violate the language in statute.

Beneficial Construction of statutes have played an important role in development

and beneficial interpretation of socio – economic legislations as it favors more laws
for the backward class of people.

The above mentioned case study is based on the case of Baldev Sahai Bangia V.
R.C Bhasin, facts are the same, In 1961, bachelor who was living with his father,
mother and 2 sisters and 1 brother. In 1971 he settled in Canada with his wife after
their marriage, His landlord filed an application for ejectment of the tenant on the
ground of s. 14 and pleaded that with the exit of the tenant from the house it became
vacant and his mother and brother who were left behind could not be treated as
members of the family. Hence, in the eye of law the tenanted premises must be
deemed to have fallen vacant, But In this case the court applied Beneficial Rule of
Construction and held that in this case “Family” has a wider meaning, the tenants
wife isn’t the only family he has, His mother, father, sisters and brother are also a
part of his family and since they were paying the rent amount without failure, They
 cannot be evicted on the ground that they are not a part of his family.

5 Article 245) Extent of laws made by parliament and by the legislatures of states.
Subject to the provisions of this constitution, Parliament may make laws for the
whole or any part of the territory of India, and the legislature of a State may make
laws for the whole or any part of the state.
According to clause 2 of Article 245, a law made by Parliament shall not be deemed
to be invalid on the ground that it has extra-territorial operation.

Legislature of State X enacted the X Hindu Religious Trusts Act,1950, for the
protection and preservation of properties appertaining to the Hindu religious trusts. 20 Co4
The Act applied to all trusts any part of which was situated in the state of X.
Mr. Rohit created a trust deed of his properties of several houses and land in State X
and Y. Trust being situated in state X.

Can the legislature of State X make a law with respect to such a trust situated in X
and other properties appertaining to such trust which is situated outside State X.
Decide on the basis of above facts.

Ans. In this case, We will have to apply the doctrine of Territorial Nexus,
Under article 245 of the Indian constitution, it has been stated that:

1. Parliament has jurisdiction to make laws for extraterritorial operations or

laws for the whole or any part of the country.
2. The state legislature has the jurisdiction to make laws for the whole or any
part of the state.

Therefore both the union and the state have their own territorial jurisdiction to make
laws.

The Doctrine of Territorial Nexus states, that laws that are made by a particular

State Legislature are only applicable in that particular State and not outside
the territorial boundary of that State, except in scenarios where there is a
sufficient nexus between that State and the object

This above case is based on the case of State of Bihar v. Charusila Dasi

FACTS
Legislature of Bihar enacted the Bihar Hindu Religious Trusts Act,1950, for the
protection and preservation of properties appertaining to the Hindu religious trusts.
The Act applied to all trusts any part of which was situated in the state of Bihar, The
Respondent created a trust deed of her properties of several houses and land in Bihar
and Calcutta..The trust being situated in Bihar.

Issue-
The question for decision was whether the Act apply to trust properties which are
situated outside the state of Bihar. Can the legislature of Bihar make a law with
respect to such a trust situated in Bihar and other properties appertaining to such trust
which is situated outside Bihar?

Held-
Supreme court in this case applied the doctrine of territorial nexus and held that the
Act could affect the trust property situated outside Bihar, It was held that the act
passed by the state of Bihar could have the effect over the property situated outside
the territorial limits of Bihar as there exist the sufficient nexus.

I, Hrithik Sharma, understand that submitting work that isn’t my own may result in
failure in this paper and I may also be subject to Disciplinary Proceedings as per the
Academic Integrity policy of the University.