Interpretation of Statutes

Classification of status
A Statute is a formal written enactment of Legislative authority that governs a country, state, city or
county.
Classification of Statutes -
A statute may generally be classified with reference to its duration method, object, and extent of
application.
A. Classification with reference to duration -
Such a mode classifies a statute as -
1) Temporary Statute -
2) Permanent Statute/Perpetual Statute -
Temporary Statute -
A temporary Statute is one where its period of operation or validity has been fixed by the statute
youth itself. A statute is temporary when its duration is only for a specified time and it expires on the
expiry of the specified time unless it is repealed earlier.
Permanent Statute/Perpetual Statute -

A permanent Statute is one where no such period(like a temporary statute) has been mentioned
but this does not make the statute unchangeable; such a state it may be amended or replaced by
another Act. In simple words, it is perpetual when no time is fixed for its duration and such statute
remains in force until it's repeal which may be express or implied
B. Classification with reference to Nature of operation-
1) Prospective Statutes -
A Statute which operates upon act and transactions which have not occurred when the statutes take
effect, that is which regulates the future is prospective Statutes
2) Retrospective Statute -
Every Statute takes away or impairs vested rights acquired under the existing laws or creates new
obligations into a new duty or attaches new disability in respect of transactions or considerations
already passed are deemed retrospective or retroactive statutes.
3) Directory Statute -
Directory statutes merely direct or permits anything to be done without compelling its
performance. It is generally affirmative in its terms recommends a certain act or omissions, but it does
not impose the penalty on non-observance of its provisions.
4) Mandatory Statute -
Mandatory Statutes he is one which compels performance of certain things or compels that a
certain thing must be done in a certain manner or form.
C. Classification with Reference to Object -
1) Codifying Statute -
A Codifying Statute is one which Codifies the law.. The purpose of a Codifying Statutes is to present
an orderly and authoritative Statement of the leading rule of law on a given subject whether those rules
are to be found in statute law or common law. For example- The Hindu Marriage Act, 1955 and The
Hindu Succession Act, 1956.
2) Consolidating Statute -
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 statute with
minor amendments if necessary. The main purpose of consolidating statute is to present the whole body
of statutory law on a subject in complete form repeating the former statute.
For example- Indian Penal Code or Code of Criminal Procedure.

3) Declaratory Statute
This kind of statute does an act of removing doubts, clarifying and improving the law based on the
interpretation given by the court, which might not be suitable from the point of view of the
parliament. For example- the definition of house property has been amended under the Income Tax
(Amendment) Act, 1985 through the judgement of the supreme court.
4) Remedial Statute -

The remedial statute is one whereby new favor or a new remedy is conferred. The purpose of these
kinds of statutes is to promote the general welfare for bringing social reforms through the system.
These statutes have liberal interpretation and thus, are not interpreted through strict means. For
example- The Maternity Benefits Act, 1961, The Workmen’s Compensation Act, 1923 etc
5) Enabling Statute -

Enabling statutes are statutes which enlarges the common law where it is too strict or narrow. It
is a statute which makes it lawful to do something which would not otherwise be lawful.
The purpose of this statute is to enlarge a particular common law. For example- Land Acquisition Act
enables the government to acquire the public property for the purpose of the public, which is otherwise
not permissible.
6) Disabling Statutes -
This type of statutes restricts or cut down a right conferred by the common law. An Act
restraining a common law right is a disabling Act.
7) Penal Statute -
A Penal statute is one which punishes certain acts or wrong. Examples - Indian Penal Code1860,
Arms Act 1959, Prevention of Food Adulteration Act 1954 etc.
8) Taxting Statute -
A taxing statute is one which imposes taxes on income or certain other kinds of transactions. It may
be in the form of income tax, wealth tax, gift tax, sales tax etc.
9) Explanatory Statute -
An explanatory statute is one which explains a law and rectifies any omission left earlier in the
enactment of the statutes.
10) Amending Statute -
It is a statute which makes and addition to or operates to change the original law as to effect
improvement or more effectively carry out the purpose of for which the original law was passed.
11) Repealing Statute -
A Repealing statute is one which repeals an earlier statute.
12) Curative for Validating Statute -
It is passed to cure defects in the prior law and to validate legal proceedings, instruments or act of
public and private administrative powers which in the absence of which statute would be void for want
of conformity with existing level requirements but which would have been valid if the Statute has so
provided at the time of enacting.
1. MEANING OF LITERAL (GRAMMATICAL, PLAIN, NATURAL, ORDINARY AND POPULAR) RULE, ITS
STRENGTHS AND WEAKNESSES.
ANSWER: Meaning of Grammatical/Literal Rule:
Grammatical/Literal rule of interpretation is the primary rule of interpretation. The first
interpretation is literal or grammatical interpretation
Literal Rule is where the Judges interpret the legislation that the Parliament has passed. Here the
Judges rely on the exact wording of the statute for the case
. In the case of grammatical interpretation, only the verbal expression of law is taken into
consideration and the Courts do not go beyond what is expressed by words.
The grammatical or literal construction is totally confined to the words or expressions used in the
language of the statute
In the literal rule, the intention of the parliament while framing the statute, is the ordinary meaning of
the words used.
No judge can deviate from the meaning of the statute though decision maybe unjust
The term ‘grammatical construction’ was used by Salmond. He explains, interpretation is of two
kinds, which may be distinguished as ‘literal’ and ‘functional’. The literal interpretation is that which
regards exclusively the verbal expression of the law. It does not look beyond the ‘literal legis’ (letter of
Law). Functional interpretation, on the other hand, is that which departs from the letter of the law and
seeks elsewhere for some other and more satisfactory evidence of the true intention of the legislature.
Eight rules of Grammatical/Literal Rule
Under grammatical/Literal rule the Judge considers what the statute actually says rather than what it
might mean. The following “Eight Rules” are the heart or centre of all the grammatical interpretation:
1.Define the terms or words being considered and then adhered to the defined meanings;
2. Do not add meaning to established words and terms. What was the common usage in the culture and
time period when the passage was written;
3. Avoid using words or phrases out of context. The context must define terms and how words are used;
4. Do not separate interpretation and historical investigation;
5. Be certain that words as interpreted agree with the overall premise;
6. Use the known and commonly accepted meanings of words, not obscure meanings for which there
are no precedent;
7. Even though many documents may be used there must be general unity among them;
8. Base conclusions on what is already known and established or can be reasonably from all known facts.
The literal rule accepts supremacy of the Parliament: the right to make laws, even though sometimes,
they seem absurd.
The judges have to act upon the true intention of the legislature. The judges have no liberty to modify
the law even if they feel that the true intention of the legislature have not been expressed rightly in the
law.
Though literal interpretation must be accepted, it should not be followed if the statute is defective
The advantages of the literal rule:

The literal rule enables the common man to understand the statue.
The intent of the legislature is simple and clear.
Th e literal rule respects the parliamentary supremacy in administration of justice.
Under literal rule the law is quite predictable.
When the literal rule applied, there is no scope for the Judges’ own opinions or prejudices to interfere
The dis-advantages of the literal rule:

The literal rule can lead to unreasonable decision making.
The English language is ambiguous.
The application of literal meaning in all situations and circumstances is not possible.
The rule expects standards of unattainable perfection from the parliamentary draftsman
Sometimes application of the literal rule may lead to injustice
It ignores the limitations of language
Criticisms of literal rule of interpretation of statutes:
Literal rule claim that it rests on the erroneous assumption that words have a fixed meaning. The literal
rule of interpretation leads to injustice. There are chances of creating misleading precedents while
deciding cases. The courts do not have the power to alter the words of the legislature, it is not open for
judicial innovations. The words cannot be understood properly without the context in which it is used.
CASES
15. Grammatical Interpretation
Sales of Green ginger were subjected to sales tax and it was contended that they were not so liable as
they constituted ‘vegetable’ which were exempted from sales tax. The expression ‘vegetable’ is not
defined in the Act. Decide whether green ginger falls within the meaning of the term ‘vegetables’ or
not. (July-2019, May-2017)
Vegetables are exempted from the levy of sales tax under the Sales Tax Act. A vegetable vendor is
selling betel leaves. He contends that betel leaves fall within the scope of ‘vegetables’. Discuss (Aug-
18).
The Sales Tax Act exempted ‘vegetables’ from the levy of sales tax. Sales of betel leaves were subjected
to sales tax by the authority. It was contended that betel leaves were not taxable as they constituted
‘vegetables’ which were exempted from tax. Decide (May-14).
Under the Sales-tax Act, ‘Vegetables’ were exempted from the purview of tax. A vendor of vegetables
was selling coconuts. The tax authorities levied tax from the sale of coconuts. The vendor pleaded the
exemption on the ground that coconuts fell within the term ‘vegetables’. Can he succeed? Discuss
(May-2015).
The Sales Tax Act exempted ‘green vegetables’ from assessment to sales tax. Sale of sugar-cane was
subjected to sales tax by the authority. The question was whether sugarcane fell within the term ‘green
vegetables’. Decide (Aug-2013).
Answer: In the above-stated cases only green ginger comes under the vegetables and all the remaining
e.g. betel leaves, coconuts and sugar-cane do not come under vegetables. To decide whether a given
item comes under vegetable or not is very simple, here we should not go for the dictionary meaning or
botanical meaning of that item, we should use simple common sense whether that item is used in our
foods frequently or not if it is used frequently then it becomes vegetable.
ISSUE:
Whether green ginger, chilly and lemon are vegetable or not? Yes, Green ginger, chilly and lemon is
vegetable.
Whether betel leaves, coconuts and sugar-cane are vegetables? No, they are no vegetables.
RULE & APPLICATION:
The act of sale of vegetable does not attract sales tax. Therefore, when an assistant sales tax officer
wanted to tax the sale of betel leaf, a vendor objected on the ground that betel leaf was a vegetable. He
claimed exemption. To advance his argument, he relied on the dictionary meaning of vegetable in the
Shorter Oxford Dictionary and textbooks on botany. This refers to the case of Ramavatar Budhiprashad
vs Assistant Sales Tax Officer reported in AIR 1961 SC 1325 which has become a landmark judgement by
the SC.
The SC did not accept the scientific or dictionary meaning of the word vegetable and observed that it
must be construed not in any technical sense nor from a botanical point of view, but as understood in
common parlance. It held: It has not been defined in the Act and being a word of everyday use it must
be construed in its popular sense, meaning that sense which people conversant with the subject matter
with which the statute is dealing would attribute to it. It is to be understood as understood in common
language. In this view, betel leaf was not a vegetable but a condiment. Not being a vegetable, it could
not enjoy exemption from sales tax.
The judgement lays down the basic principle that a vegetable is one that in market parlance is known
as such. This is the definition of vegetable for fiscal laws, but not so for students of botany who would
regard betel leaf as a vegetable. So the definition depends upon who asks the question. For a botany
student, betel leaf is a vegetable, but not so for a tax collector.
Even after this definition was available, controversies arose on other so-called vegetables too. Some
which travelled up to the SC are coconut, green ginger, chilly, lemon etc. Coconut was the subject
matter of the SCs decision in the case of P A Thillai Chidambar Nair vs State of Tamil Nadu reported in
AIR 1985 SC 1644. In this case under the Tamil Nadu General Sales Tax Act, 1959, the question was
whether a coconut (neither tender nor dried, but a ripened one with or without husk) could be
exempted from sales tax. Justice V D Tulzapurkar and Justice Ranganath Misra held that it was well-
known that the kernel of the coconut was used as an ingredient for enhancing the taste of food, but was
hardly used as a substantial article of food on the table. On this ground, they held that it was not a
vegetable.
However, Justice Sabyasachi Mukherjee observed that it could not be categorically said that ripened
coconut could never be considered a vegetable. However, the assesse could not adduce enough
evidence to prove it. He gave the legal verdict that the burden of proof that coconut was a vegetable
was on the person who claimed it to be so. And since he was not able to discharge the burden of proof,
it could not be regarded as a vegetable in law. On this basis, the SC finally decided that ripened coconut
was not a vegetable.
Chilly and lemon were the subject matter of a decision by the SC in the case of Mangulu Sahu
Ramahari Sahu vs Sales Tax Officer, Ganjam, Orissa reported in AIR 1974 SC 390. In this case, under the
Orissa Sales Tax Act, 1947 the question was whether chillies and lemons were vegetables. The HC had
held that they were not vegetables. It had gone on the basis that before an item could be considered a
vegetable, it had to be a principal item of food. It also considered the botanical meaning of the word.
The SC observed that technical or botanical meanings should not be considered for tax purposes. So
while the HC said they were not vegetables, the SC said they were. Green ginger came up for decision
before the SC in the case of State of West Bengal vs Wasi Ahmed reported in AIR 1977 SC 1638. In a case
under the Bengal Finance Sales Tax Act, the issue was whether green ginger was to be regarded as a
vegetable as obtained in the description vegetable, green or dried, commonly known as sabji, tarkari or
sak in item 6 of Schedule 1. If it was treated so, it would be exempt from sales tax. The SC relied on the
fact that in common parlance green ginger was known as a vegetable. It was grown in the kitchen
garden or on a farm and was used for the table. It did not accept the view of the Sales Tax Tribunal that
it was a flavour.
CONCLUSION:
When an item is used frequently it comes under the category of vegetables and items like betel leaves,
sugar-cane, coconut etc. are not come under vegetables because they are not used widely in our
kitchens. We should not go for a dictionary or botanical meaning of the item but usage decides whether
that item qualifies to be called as a vegetable or not
Q. HARMONIOUS CONSTRUCTION.
The term harmonious construction refers to such construction by which harmony or oneness amongst
various provisions of an enactment is arrived at. When the words of statutory provision bear more than
one meaning and there is a doubt as to which meaning should prevail, then such meaning should be
adopted by which the words best harmonize with the subject and the subject of the enactment.
The rule of harmonious construction plays a significant role in interpreting two or more statues or two
or more parts of a statute when they conflict with each other.
It follows a very simple rule that every statute has a purpose and intent as per law and should be read as
a whole.
It is the duty of the courts to avoid “a head-on clash” between two sections of the same act and,
“whenever it is possible to do so, to construe provisions which appear to conflict possible so that they
harmonise”.
The intention of legislature is that every provision should remain operative
Therefore, such a construction should be allowed to prevail by which existing inconsistency is removed
and both the provisions remain in force, in harmony with each other.
It brings harmony among the various lists referred to in Indian constitution schedule 7.
Principles of rule of Harmonious construction
In the land mark case of CIT v. Hindustan Bulk Carriers (2003) the supreme court laid down five
principles of rule of harmonious construction:
the courts must avoid a head-on clash of seemingly contradicting provisions and they must construe the
contradictory provisions.
the provision of one section cannot be used to defeat the provision contained in another unless the
court, despite all its efforts, is unable to find a way to reconcile their differences
when it is impossible to completely reconcile the differences in contradictory provisions, the courts must
interpret them in such a way so that effect is given both the provisions as much as possible.
courts must also keep in mind that interpretation that reduces one provisions to useless number or
dead is not harmonious construction.
to harmonize is not to destroy any statutory provision or to render it fruitless.
MISCHIEF
Introduction
The mischief rule is the third rule of statutory construction traditionally applie d by English
Courts. The other two are the ‘Plain meaning rule’ (also known as ‘primary rule’ or ‘literal rule’ or
‘grammatical rule) and the golden rule.
The Mischief rule is narrower application than the golden rule or the plain meaning rule, in that it can
only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a
defect in the common law. The application of the Mischief rule gives the Judge more discretion than the
literal and the golden rule as it allows him to effectively decide on Parliament’s intent.
Meaning of Mischief Rule
The Mischief rule of construction is “that Courts must adopt that construction which shall suppress
the mischief and advance the remedy” by looking to what the law was before the statute was passed in
order to discover what gap or mischief the statute was intended to cover. ‘Mischief rule’ is the rule of
interpretation in which the interpretation is done in such a way so as to suppress the mischief intended
to be remedied by the statute”
The Mischief Rule says that Judges must go deep to see the intention of legislature and object of the
statute to find out what is the mischief sought to be remedied by the legislature. For this purpose, the
Court may take the assistance of counsels, refer all materials, connected with the statute, such as press,
agitation, comments of legal experts, journals, debates on the floor of Parliament, Law Commission
Reports etc.
The mischief rule is applicable only when the words in question are ambiguous and are reasonably
capable of more than one meaning. The Court is entitled to ascertain the intention of the Legislature to
remove the ambiguity by construing the provision of the statute as a whole keeping in view what was
the mischief when the statute was enacted and to remove which the Legislature enacted the statute. It
would be the duty of the Courts to adopt that construction which would advance the object underlying
the Act.
The main aim of the mischief rule is to determine the ‘mischief and defect’ that the statute in
question has set out to remedy, and what ruling would effectively implement this remedy.
Heydon’s Rule
The Mischief Rule was first laid in Re Heydon’s case. In this case, a college had certain properties in
its own name. The management had given certain lands to W and his son for their lives and after them
to S and G. In England, during 16 th Century, there existed a system called ‘Doubling of Estates’ and the
giving of property in the above way was valid. During those days misappropriation of the properties of
ecclesiastical and religious institutions was going on through the system of doubling of estates. To
prevent the doubling of estates, the England parliament enacted “The Statute-31 Henry-VIII”. Under
this Act, the properties of the college were taken away by Crown and also the previous leases and
instruments were cancelled. Heydon challenged it in the Court. The Court took the guidance of the
mischief rule of interpretation and upheld the Statute-31 and also the act of the Crown.
The object of the Parliament was to protect the properties of ecclesiastical (relating to the Christian
Church or its clergy) and religious institutions. The Statute-31 provided the remedy to protect with that
object.
In Heydon’s case, the Court ruled that there were four points to be taken into consideration when
interpreting a Statute. In this case, Lord Coke observed the following “That for the sure and true
interpretation of all statutes in general (by the penal or beneficial, restrictive or enlarging of the
Common Law) four things are to be considered:
In this case it was stated that judges should
(a) What was the common law before the enactment of the Act?
(b)What was the mischief and defect for which the common law did not Provide a remedy or redress?
(c) What is the remedy now provided by the Act of Parliament to deal with the mischief or defect for
which the common law did not provide a cure?
(d) What is the rationale for the remedy?
Having answered these questions a judge then had the duty to construe the Act so as to
(a) suppress the mischief;
(b) advance the remedy;
(c) suppress anything that would lead to the continuance of the mischief; and
(d) advance the cure and the remedy according to the true intent of the makers of the Act for th e
public benefit.
Mischief Rule was applied in Smith v. Hughes. It deals with the Street Offences Act, 1959, where it
states that the common prostitute to loiter or solicit in a street for the purpose of prostitution, where a
street indicated that it was a place and not a person. The overall case was to deal with cleaning up the
street for people to walk along the streets without being molested or solicited by prostitutes. The
prostitute would be penalised and arrested and would be found guilty of the offence if they were to be
soliciting in the streets. In this case, the question was whether a woman who had tapped on a balcony
and hissed at men passing by was guilty of an offence under the Act. Parker LCJ found her guilty. He
says, “I approach the matter by considering what the mischief is aimed at by this Act. Everybody knows
that this was an Act intended to clean up the streets, to enable people to walk along the streets without
being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the
prostitute is soliciting while in the street or standing in a doorway or on a balcony
Purposive Construction
The mischief (Heydon’s) rule is also known as the rule of ‘purposive construction’ since it emphasizes
advancing the purpose and the object of the statute. Relevant cases in India:
In Kanwar Singh v. Delhi Administration AIR, 1965, SC 881, the officers of the respondents, while
rounding up stray cattle, were beaten up by the appellants the owners of the cattle. When prosecuted
for an offence under Section 332, Indian Penal Code the appellants pleaded right of private defence of
property. They also contended that the cattle were not abandoned within the meaning of Section 418,
Delhi Municipal Corporation Act, 1957 in that abandoned means completely leaving a thing as a final
rejection of one's responsibilities so that it becomes ownerless as have been described in the
dictionaries. The Supreme Court, while rejecting this argument, held that it is not necessary that the
dictionary meaning of a word is to be always adhered to even if the context of an enactment does not so
warrant. In the present instance, to know the mind of the legislature, it is expedient to see what
mischief was intended to be suppressed and what remedy advanced. So interpreted, the word
abandoned must mean let loose or left unattended.
In M. Nizamuddeen v. M/s. Chemplast Sunmar Limited, AIR 2010, SC 1765, the words "in or through the
port areas" are used in Rule 5 of the Environment (Protection) Rules, 1986 made under Section 25,
Environment (Protection) Act, 1986. There is a prohibition on the manufacture, handling or storage of
hazardous substances in Coastal Regulation Zone under the Coastal Regulation Zone Notification of
1991. An exception to this was, however, carved out permitting transfer of hazardous substances from
ships to ports, terminals and refineries and vice-versa "in the port areas". The Supreme Court held that
the words "in the port areas", have to be given purposive construction, and so construed they must be
read as "in or through the port areas", the words as used in Rule 5 of the Environment (Protection)
Rules, 1986.
ADVANTAGES DISADVANTAGES
The fact that the judge has greater flexibility with this rule
D- The reliance on extrinsic aids and their associated problems
A-The fact that this rule helps achieve Parliamentary intent
D-That the use of this rule is limited due to the purposive approach Helps avoid absurdity and injustice It
means that judges can rewrite Statute Law, which only Parliament is allowed to do and it must be
possible to discover the mischief in order for the rule to be used
A-Regarded by most modern commentators as the best of the three rules, giving effect as it does to the
true intention of Parliament
D-Determining Parliaments supposed intention requires the use of a wide range of aids and
presumptions.
. GOLDEN (LOGICAL) RULE OF INTERPRETATION. HOW IS IT DIFFERENT FROM GRAMMATICAL RULE?
Answer:
What is the Golden Rule?
The golden rule is a modification of the literal rule; Golden rule allows a departure from strict literal
Rule By recourse to consequences of applying a natural and ordinary meaning. The golden rule is used
to remove absurdity. It comes into existence where some doubt existed as to the meaning of a word.
Origin of Golden rule -
In the year 1857, for the first time, Lord Wensleydale propounded the golden rule of interpretation,
in Grey Vs. Pearson. Thereafter this rule has become famous by the name of Wensleydale's Golden rule.
Meaning of Golden rule -
The golden rule or British rule departs from its strictly literal rules, it is elaboration or extension of
the literal rule. The golden rule of interpretation allows judges to depart from a word normal meaning in
order to avoid an absurd result
According to Maxwell, "The golden rule is that words of Institute must prima facie be given their
ordinary meaning.
According to the golden rule in the construction of a statute, the Court must adhere to the
ordinary meaning and grammatical construction of the words used.
It is a modification of the principle of literal or grammatical interpretation.
There are two ways as to how the Golden rule is used:

Narrow approach: The narrow approach is used when the word used in the statute is ambiguous which
means it has more than one meaning. It's upon the judge to use the meaning which is acceptable to the
case.
Wide approach: The wide approach is often used when there's just one literal meaning of a word,
however, to use it might be absurd. Therefore, the court may modify the meaning of the word to avoid
absurdity
Importance of the Golden rule of Interpretation -
it departs from its strictly literal rules
the courts adopt the golden rule of interpretation in order to arrive at a perfect interpretation which
would bring out the true meaning of the language, in the process of giving effect to the real intention of
the Legislature.
The golden rule in nutshell -
The golden rule of Interpretation contains the following points
Modification of literal rule
Different from the literal rule
Application of literal rule may lead to an absurd interpretation of a statute.
Golden rule tries to avoid the absurd and abnormal result.
Application of Golden Rule -
Application of golden rule depends upon the consequences. Where the situation demands the
application of the golden rule it is important to consider the effect or consequences, which would result
come out from it, for the of one point out the real meaning of the words.
Advantages and disadvantages of Golden rule -
Here are some advantages and disadvantages of the golden rule which are as follows -
Advantages of Golden rule -
With the help of golden rule errors in drafting can be corrected immediately.
Decisions are made more in line with Parliament intentions.
It helps to give a rational result.
It helps in closing any loophole.
It brings common sense to the law.
It allows the court to make sensible decisions
It prevents parliament from having to pass amending legislation
It respects the authority of parliament because it only allows wording to be altered in very limited
situations where the outcome would be absurd or repugnant
Disadvantages of the golden rule -
Infringe separation of powers.
Judges have no power to intervene for pure justice where there is no absurdity.
Judges cannot add or modify a statute.
It only allows judges to change the wording of statutes in very limited circumstances
Micheal Zander describes it as a feeble parachute because it is not much use
It could not be used in cases like Berriman case because although the situation could be considered
unfair it was not absurd or repugnant 7. It is unpredictable and lacks guidelines
Relevant case laws -
Lee Vs Knapp 1967 (2) QB 442- (accident case)
In this case, the interpretation of the world 'stop' was involved. Under section 77(1) of the road
traffic Act, 1960 a driver causing an accident shall stop after the accident. In this case, the driver stopped
for a moment after causing an accident and then moved away. Applying the golden rule the Court held
that requirement of the section had not been followed by the driver as he had not stopped for a
reasonable time of period requiring interested persons to make necessary inquiries for him about the
accident.
In Tarlochan Dev Sharma v. the State of Punjab, AIR 2001, SC 2524, the question of interpretation of
the words ‘abuse of his powers’ in the expression ‘abuse of his powers or habitual failure to perform his
duties’ in Section 22 of Punjab Municipal Act, 1911 was involved. The Supreme Court observed that to
find the meaning of a word not defined in an enactment the Courts apply the ‘subject of the enactment
where the word occurs and have regard to the object which the legislature has in view. In selecting one
out of the various meanings of a word regard must always be had to the context. ‘Abuse of power’ in
the context implies a willful abuse or an intentional wrong. An honest though the erroneous exercise of
a power or indecision is not an abuse of power.
The distinction between Grammatical and Golden Interpretation
X` GRAMMATICAL INTERPRETATION GOLDEN INTERPRETATION
1 It is also called as the 'Literal Interpretation' It is also called as 'Functional Interpretation'
It depends upon the letter of enacted law (litera It depends upon the 'spirit' of the enacted law
2 legis) and the 'legislative intent'
3 It interprets only the 'verbal expression' of the It looks beyond the 'litera legis'. It seeks
statute. It does not go beyond the 'litera legis' elsewhere for some other and more satisfactory
intention of the Legislature. evidence to find out the truth.
In the Grammatical Interpretation, the words Where the Grammatical Interpretation fails, the
construed according to the popular or dictionary Logical Interpretation comes into help, i.e. to find
meaning of the term. It gives the plain (natural/ out 'sententia legis' (legislative intent) from other
4 ordinary) meaning. sources, i.e. the external and internal aids of the
statute.
5 It is used frequently It is used rarely
Logical Interpretation developed after the
6 It is the most traditional one Grammatical Interpretation came into existence.
Lord Wensleydale propounded this rule in the
7 This is a very old rule case of Grey Vs. Pearson.
. THE PASSERS BY MISCHIEF RULE OF INTERPRETATION – SMITH vs. HUGHES

THE STREET OFFENCES ACT WAS PASSED BY THE LEGISLATURE PROHIBITING SOLICITATIONS BY
PROSTITUTES AT PUBLIC PLACES. THEREAFTER, PROSTITUTES SOLICITED FROM BALCONIES OR
WINDOWS OF THEIR HOUSES. DOES IT AMOUNT TO STREET OFFENCE? WHAT TYPE OF
INTERPRETATION IS PREFERABLE? DISCUSS (MAY2016).
‘SOLICITING IN THE STREET FOR THE PURPOSE OF PROSTITUTION’ IS AN OFFENCE PUNISHABLE UNDER
THE STREET OFFENCES ACT. A WOMAN IS MAKING SIGNS TO MEN AS THEY PASSE D IN THE STREET
FROM A WINDOW. IS IT A STREET OFFENCE? (MAY-2014). ISSUE:
Which rule of interpretation can be used in this case? Mischief rule Whether the act of soliciting from
balconies by prostitute is illegal? Yes
RULE:
Section 1(1) of the Street Offences Act, 1959: It is an offence for a prostitute to solicit men ‘in a street or
public place’.
APPLICATION:
The above-given case is similar to the case of Smith vs. Hughes (1960), and the interpretation should
be done by applying mischief rule.
Smith vs. Hughes (1960), under the Street Offences Act, 1959, it was a crime for prostitutes to solicit in
the street for the purposes of prostitution, it includes all the acts to attract them. In this case, the
prostitutes were calling men in the street from their balconies by making signs to them. The prostitutes
claimed that they are not guilty of any offence because they are not doing this act of soliciting from
streets. The judge applied mischief rule to conclude that they were guilty as the intention of the Act
was to cover the mischief of harassment from prostitutes.
The overall case was to deal with cleaning up the street for people to walk along the streets without
being molested or solicited by prostitutes. The prostitute would be penalised and arrested and would
be found guilty of the offence if they were to be soliciting in the streets. In this case, the question was
whether a woman who had tapped on a balcony and hissed at men passing by was guilty of an offence
under the Act. Parker LCJ found her guilty. He says, “I approach the matter by considering what the
mischief is aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets,
to enable people to walk along the streets without being molested or solicited by common prostitutes.
Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or standing
in a doorway or on a balcony”.
CONCLUSION:
In the given case the act of the prostitute soliciting men is illegal. Even though the prostitute soliciting
from her balcony or windows, by using mischief rule the intent of the legislature is to stop the
prostitutes from attracting the men, and the acts of the prostitutes from their balconies also comes
under this section and illegal.
RULE:
public place’.
APPLICATION:
CONCLUSION:
RULE:
public place’.
APPLICATION:
CONCLUSION:
Q. CONSEQUENCES OF REPEAL (EFFECT OF REPEAL)
In‌‌general, 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.
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
socioeconomic 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
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
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
Under the following circumstances, the implied repeal is inferred

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.
What do you mean by Repeal by Desuetude?
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
What are the effects or consequences of repeal?
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
Section 6 of the General Clauses Act, 1897 provides that: where this Act, or any (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 – 1. Revive anything
not in force or existing at the time at which the repeal takes effect, or
Affect the previous operation of any enactment so repealed or anything duly done or suffered
thereunder, or
Affect any right, privilege, obligation or liability acquired, accrued or incurrent under any enactment so
repealed, or
Affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any
enactment so repealed, or
Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid.
External aids
. External aids to interpretation
Materials which are not included in the Statute and of which aids are sought in interpreting the statute
is known as ‘externals to interpretation’ of the statute. They are called as ‘surrounding circumstances’.
These are also called ‘external sources of the statute’ or ‘extraneous sources of interpretation’.
External or extrinsic aids may be employed in the construction of Statutes if the words and language
employed are not free from ambiguity and which cannot be cleared even by resort to intrinsic aids.
Extrinsic aids in the construction of statutes are permitted to explain the state of the law at the time it
was passed, but not to interpret the Act. Further, resources to extrinsic aid in interpreting a statutory
provision would be justified only within well-recognised limits; and primarily the effect of the statutory
provisions must be judged on a fair and reasonable construction of the words used by the Statute itself.
External aids are the aids which are not available inside the statute but outside the statute, the
court may seek help to the external aids in case of repugnancy or inconsistency in the statutory
provision which are as follows:
Dictionaries
When a word used in the statute is not defined therein or if defined but the meaning is unclear
only in such situation, the court may refer to the dictionary meaning of the statute to find out
meaning of the word in ordinary sense.
The meaning of such words shall be interpreted so to make sure that it is speaking about the
particular statute because words bears different meaning in different context.
Motipur zamindary company private limited v. State of Bihar [10], the question was whether
sales tax can be levied on Sugarcane.
The applicant argued that it is green vegetable and should be exempted from tax. The
dictionary meaning of vegetable said anything which derived or obtained from the plants. The
SC rejected dictionary meaning and held that in common parlance vegetable is something
which is grown in kitchen garden and used during lunch and dinner and held that sugarcane is
not vegetable.
�
Text Books
The court while construing an enactment, may refer to the standard textbooks to clear the
meaning. Although, the courts are not bound to accept such view.
The court time and again referred to mulla, kautiliya, manu, arthshastra.
Example: in Kesavananda Bharthi case [11], judges quoted large number of books.

�
Statement of objects and reasons
The statement of object and reasons are attached to the bill which describe the objects,
purpose and the reason for the bill. It also gives understanding of the background, the
antecedent state of affairs and the object the law seeks to achieve.
The parliament before passing a bill must take into consideration that what object a bill serve
to achieve.
However, it is not considered as conclusive aid to interpretation because doesn't impart the
true meaning to the statutory provision.
Constituent Debates/Speech
It shall compromises all such debate which had taken place in the parliament at the time of
formation of Constitution of India.
In case of inconsistency or repugnancy in the Constitution the court can clearly refer to such
debates.
Indra Sawhney v. Union of India [12], the interpretation of the expression backward class of
citizen' used in Article 16(4) was in question before the court. The SC under this case referred to
the speech given by B.R. Ambedkar to understand the context, background and object behind
its use of the given expression.
�
Legislative Debates/Speech
It is referred as to debates or speeches which are made in the course of passing a bill in the
parliament by the parliamentarians to put forth their view.
It is not considered as a conclusive aid to interpretation and is therefore, not admissible
because many times speeches are influenced by the political pressure or maybe incorrect to
rely upon.
�
Committee Reports
Before the framing of the Bill, usually the matter is referred to a committee to consider it in
detail and give its report thereon.
These reports of the commissions and committee have been referred to as evidence of
historical facts or of surrounding circumstances and used for interpreting the Act.
When there is an ambiguity in the meaning of a provision and the act was passed on the
recommendation of a committee report, aid can be taken from that report to interpret the
provision.
Example: the criminal amendment act was based on the recommendation by J.S. Verma
Committee Report such report can be referred in case of any ambiguity in amendment.
�
Foreign laws and decisions
Judges may refer to foreign laws and decision if the jurisprudence of both the countries is
same, similarity in political system and ideology, when there is no domestic law on point and if
the Indian court believe that decision passed by the foreign court is not arbitrary.
However, the foreign courts or decision have only persuasive value as the courts in India are
not bound by the foreign courts.
Historical Setting [The events leading up to the introduction of the bill]
The ‘historical settings’ means the course of events which give rise to the enactment. It is also
called ‘Historical Facts’, ‘Historical background’, ‘Parliamentary History’, History of Legislation’ and
Surrounding Circumstances’
Internal Aids
An Aid is considered as a tool or device which helps in interpreting a statute, the court can take
help from internal aids to interpretation (i.e. within statutes) or external aids to interpretation
(i.e. outside the statutes)
Internal aids mean those aids which are available in the statute itself, though they may not be part of
enactment. Some Internal Aids are
Title of the statute

There are basically two types of title-
I. Short Title
The short title of the Act is only its name which is given solely for the purpose of
reference and identification.
Short title is mention under Section 1 of the Acts and ends with the year of passing of the
Act.
Example- Section 1 of CPC says, This Act may be cited as Code of Civil Procedure, 1908.'
Section 1 of Indian contract Acts says, This Act may be called as Indian Contract Act,
1872.
Long title – Every Statute is headed by a long title and it gives the description of the object of an
Act. 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
Preamble
The main objective and purpose of the Act are found in the Preamble of the Statute. It is a
preparatory statement and contains the recitals showing the reason for the enactment of the Act
The preamble of a statute is a prefatory statement at its beginning, following the title and preceding
the enacting clause declaring the policy and purpose, the reasons and motives for, and the objects
sought to be accomplished by the Act. References to the statement of objects and reasons is
permissible for understanding the background, the antecedent state of affairs, the surrounding
circumstances in relation to the statute and the evil, which the statute was sought to remedy.
Preamble is a tool for internal aid to interpretation as it contains the main objects and
reasons of the Act.
The rule of interpretation of preamble is that when a language of an enactment is clear
and unambiguous, the preamble has no part to play but if more than one interpretation
is possible, a help can be taken from preamble to ascertain the true meaning of the
provision.
The preamble is mention on the very first page of the act but modern acts doesn't pass
with preamble which is declining its importance
Marginal notes
Marginal notes are inserted at the side of the sections in an act which express the effect
of the section but they are not part of statute.
They are also known as Side notes and are inserted by drafters and not legislators.
The rule of interpretation is that in olden times a help is used to be taken from marginal
notes when the clear meaning of the provision is in doubt but as per modern view of the
court, marginal notes doesn't have any role to play because either they are inserted by
legislators nor does they form the part of the statute.
However, for interpreting constitution many times marginal notes are referred because
they are made by constituent assembly.
Headings
Headings are prefixed to sections or a group or set of sections.
These headings have been treated by courts as preambles to those sections or sets of
sections.
The rule of interpretation is that the heading can't control the plain words of the
provision but if after the plain reading of the section more than one meaning is possible,
only then the court may seek guidance from the headings
Interpretation or Definition Clause:

The Legislature has power to define the words, expressions and terms that may be used in the
enactment even artificially. Almost every Act contains an interpretation or definition clause in which
those words, terms or expressions that may be repeatedly used in the body or different sections of the
Act, are defined. For example, section 2 of the Code of Civil Procedure, 1908 has defined Degree,
Judgment, Order, Public Officer, Legal Representative etc. because these terms are repeatedly used
by the Code in its various sections, Rules and Orders. The object of a definition is to avoid the
necessity of frequent repetitions in describing the subject matter to which the word or expression
defined is intended to apply.
Proviso: The name of a clause inserted in an act of the legislature, a deed, a written agreement, or
other instrument, which generally contains a condition that a certain thing shall or shall not be done,
in order that an agreement contained in another clause shall take effect.
It always implies a condition, unless subsequent words change it to a covenant; but when a proviso
contains the mutual words of the parties to a deed, it amounts to a covenant
exception
Exception are generally added to an enactment with the purpose of exempting
something which would otherwise fall within the ambit of the main provision.
In case of repugnancy between exception and main enactment, the latter must be relied
upon. However, in many cases exceptions are relied being the last intention of
legislature.
Difference between proviso and exceptions
Proviso has a wider function than exception as, an exception only exempt certain things
to fall in the main enactment whereas, proviso not only exempt certain cases but also
provide a mandatory condition, qualification or an optional addenda to the enactment.
Proviso follows the main enactment whereas exception is the part of main enactment.
1. Punctuation
Punctuation are put in the form of colon, semi colon, comma, full stop, dash, hyphen,
brackets etc
In earlier times statutes are passed without punctuations and therefore, the courts were
not concerned with looking at punctuations but in modern times statutes are passed
with punctuations.
The rule of interpretation is that while interpreting the provision in punctuated form, if
court feels repugnancy or ambiguity the court shall read the whole provision without
any punctuation and if the meaning is clear will so interpret it without attaching any
importance.
�
2. Schedules
Schedule are the part of statutes which are mentioned at the end of the act.
It contains details prescribe form of working out policies and contains subjects in the
form of lists.
In the case of clash between schedule and the main body of an act, the main body shall
prevail.
Example- Article 1 of the constitution provides that India shall be union of states and in
schedule 1 name of the states with its territories are mention.
�
3. Saving Clause
Saving Clause are generally appended in cases of repeal and reenactment of a new
statute. It is inserted in the repealing statute.
By this the rights already created under repealed enactment are not disturbed nor are
new rights created by it.
In the case of clash between the main part of statute and a saving clause, the saving
clause has to be rejected.
�
4. Illustration
Illustration are appended to a section of a statute with a view to illustrating the law
explained in the provision.
Such illustration manifest the intention of the legislature and can be referred in the case
of ambiguity or repugnancy.
However, the court emphasis through various judgments that it doesn't explain the
whole principle explain in the section through illustration nor does it curtail the ambit of
the section.
In the case of repugnancy between section and illustration, section will prevail.
Example- Section 378 of theft in IPC has 16 illustrations attached to it.

�
5. Explanation
The explanations are inserted with the purpose of explaining the meaning of a
particular provision and to remove doubts which might creep up if the explanation had
not been inserted.
The purpose of explanations are to explain the meaning and intention of act, to clarify in
case of obscurity or vagueness and to provide additional support to the object of the
act.
However, it doesn't expand or curtail the meaning of the provision but only tries to
remove uncertainty and in the case of conflict between explanation and main section,
the duty of the court is to harmonize the two.
WHETHER A STUDENT IS A CONSUMER OR NOT?

A. A term ‘Consumer’ is defined under the Consumer Protection Act. However, the problems
arose as to whether a student falls within the meaning of the expression ‘Consumer’. In such
a case, what type of interpretation is preferable? Discuss (July-2019 & May-2017).
ISSUE:
Whether a student is a consumer or not? It depends on the services. RULE:
Consumer Protection Act, 1986

The Consumer Protection Act, 1986 in this respect was sufficient to fulfil the requirement of every
consumer by providing various reliefs available in the Act. In India diverse groups of consumers are
available. The consumer protection law protects the interest of every consumer irrespective of age,
sex, caste, place etc., with respect to all kinds of goods defined under “Sale of Goods Act, 1930” and
every kind of services possible to be contemplated as service under the Act 1986. This Act extends
protection against Government body, statutory institutions as well as corporate sectors. The most
pragmatic feature of this Act is the recognition of consumers’ right to be informed about the quality,
purity, standard and price of goods and services, which is a potential device to prevent exploitation.
Concept of Service and Consumer under the Act, 1986
The term ‘service’ is defined in Section 2(1)(o) of the 1986 Act:

“service of any description, which is made available to potential users, including the provision of
facilities in connection with banking, financing, insurance, transport, processing, the supply of
electrical or other energy, board or lodging or both, housing construction, entertainment, amusement
or the purveying of news or other information, but does not include the rendering of any service free
of charge or under a contract of personal service”.
Therefore, it is clear from the preamble of the definition that service of any kind or nature that is
rendered in exchange of consideration to direct or potential user comes within the definition of
service. Some types of services even enumerated in an explicit manner within the definition but the
definition of service is not limited to only those mentioned explicitly. For example, medical service is
not included directly in the definition. However, a series of judgments are available that identify
medical treatment and the facility associated therewith is classifiable as service under the Consumer
Protection Act.
The term “consumer” as per Section 2(1)(d) of the 1986 Act:

“Includes any person who buys any goods for consideration or hires/avails any services for
consideration”.
Therefore, the term consumer is really broad and includes any beneficiary of service without
differentiation with respect to the type of beneficiary or nature of goods or service he/she purchases.
Interestingly, the scope of service in this definition also has no limit because of the term “any service”.
Therefore, there is no bar in accommodating students into the definition of the consumer because
“any person” connected as the purchaser to “any goods” or “any service” is the consumer as per the
Act. It is, still, important to find support, outside the consumer protection Act, in favour of the term
consumer when it applies to the student in the affair of universitystudents relationship.
APPLICATION:
Do Educational Institutions Fall Under the Purview of the Act?

A considerable number of decisions delivered by State and National level Consumer Forums are
available as of now which protects the right of students with regard to fees, wrong allotment of roll
numbers, delay in declaration of results, admission in excess of the allotted quota, misrepresentation
about affiliation by the educational institute to various universities etc. The judgments related to the
above-mentioned cases clearly indicate that student is a consumer as per the Act and the universities
or educational institutes fall within the category of service providers.
But the Supreme Court of India had a differing view.
In the case of Maharshi Dayanand University v. Surjeet Kaur, relying upon all earlier judgments, the
Supreme Court held that education is not a commodity. Educational institutions are not providing any
kind of service, therefore, in the matter of admission, fees etc., there cannot be a question of
deficiency of service. Such matters cannot be entertained by the Consumer Forum under the
Consumer Protection Act, 1986.
Further Hon’ble Supreme Court in Bihar School Examination Board v. Suresh Prasad Sinha, Supreme
Court observed that the Education Boards & Universities are not ‘Service Providers’ and the
complaints against them are not maintainable.
On the other hand, it is also necessary to assess the definition of the consumer under Section 2(1) (d)
of the Act to check that the relationship between university and student fits with the conventional
relationship of trader/service provider and consumer? If these two criteria are satisfied then it can be
said that universities/educational institute come within the ambit of consumer protection law.
Assessment of Activities of University/Educational Institute
The functions of university/educational institutes can be divided into two main categories: The core
function of the university/educational institution such as imparting education and advance knowledge
by providing instructional and research facilities to educate and train manpower for the development
of the country for the welfare of the people, their intellectual, academic and cultural development.
Here the core functions and the activities associated with it are inseparable and this is the statutory
duty of the university/educational institutes as defined in the Central University Act.
Secondary/Ancillary services like providing hostel or accommodation facility, auditorium, library,
laboratory, gymnasium, canteen, transport service to and from campus, internet service etc. In
addition to the above, university supplies various goods to the students like textbooks, study
materials, notes, video CD, other electronic material including software programmes etc. The ancillary
services provided by the university, undoubtedly, falls within the category of those services and
provision of goods as per the Act. For example, the hostel or accommodation facility falls within the
meaning of board and lodging, transport facility provided to the student is also within the scope of
service. The foods and beverages provided to the students through canteen facility, the laboratory
equipment, video CD, software programmes etc., obviously come within the purview of goods as per
the Act.
Commercial Activities such as consultancy, transfer of technology to the company through the patent
right and thereby enjoying royalty, handling private projects, Entrepreneurship incubation are some
of the commercial activities performed by the universities/educational institutes in order to earn the
profit. It is clearly reflected from Central University Act, 2009 that university may enter into the
partnership with industry and non-Government agencies and establish a corpus of funds out of the
profits of such partnership.
The Hon’ble Supreme Court, in Bangalore Water Supply & Sewerage Board v. A. Rajappa (Bangalore
Water Supply), had considered among other things, that educational institutes are classifiable as
‘Industry’ as defined in Section 2(j) of the Industrial Disputes Act, 1947 while determining the import
of the aforementioned term.
Reference of words like service, business, profit, and industry-partnership is available within the
Central University Act, 2009, itself which clearly proves that university is not a non-profit body rather
it has some business characteristics inherent in the Statutes and Acts which govern the functions of
the university.
Critical Analysis of University-Student Relationship in the Context of Consumer Protection

The students enjoy all kinds of facilities i.e. both core and ancillary services rendered by the university
or educational institutes after paying the requisite fees. Therefore, the students are direct
beneficiaries and consumer of the services rendered by the university. A student after paying the
requisite tuition fees deserves a good quality education and facilities related thereto. Similarly, after
accepting remuneration it should be the moral duty and obligation for a teacher and university to
provide adequate service in terms of good quality education.
If the teacher or university fails to comply with this requirement then it amounts to deficiency in
service because universities/institutes are imparting education in exchange for consideration. But, it is
also necessary to understand that the relationship between student and university is not an ordinary
relation of buyer and seller in the true sense. The statutory duty of the university is fixed by certain
Acts, rules and regulations. A student only after complying the requirements fixed by the university in
terms of its rules and guidelines can claim his/her entitlement as a consumer of service rendered by
the university under the Act, 1986.
In my opinion, the teacher-student relationship should not be the only deciding factor to decide
whether the various facilities provided by the university/educational institute should fall under the
term “service” as per the Act 1986 because the teacher-student relationship is totally subjective which
will vary depends upon the character of an individual teacher.
In this respect three court decisions are available and those contradicting to each other. In Taneja v.
Calcutta District Forum it is held by Calcutta High Court that the relationship between teacher and
student in an educational institute is not one of service-provider and consumer.
The same principle was almost followed in Central Academy Educational Society v. Gorav Kumar
where it was held by the court that teaching is not capable of marketization as opposed to the sale of
books or provision of accommodation is marketable and can be considered as service as per the Act,
1986.
Whereas, in Oza Nirav Kanubhai v. Centre Head Apple Industries Ltd., the National Commission held
that private educational institutes (i.e. institutes that are not statutorily established) to be classifiable
as service providers, and students enrolled therein, or their sponsors, as consumers. Therefore, the
student-university relationship although not equivalent to a relation of consumer & service-provider
in the strict sense but complaints against the university/educational institutes are maintainable in
consumer court on the ground that student is nothing but a consumer as long as the complaint is
genuine. The student is a direct beneficiary or in other words, consumer of the service rendered by
the university is supported by the fact the provision for student’s engagement in the academic activity
of university including evaluation of teacher is available in Central University Act, 2009 which implies
that student is nothing but a direct consumer of education service.
Rights of the Student and Responsibility of University/Educational Institute

It is imperative to understand the various rights or entitlement of the students under
university/educational institutes in absence of which the noble mission and objects of the university
get defeated. The important rights of the students which are very essential to protect the interest of
every student in the field of education are mentioned below:
1. Right to receive a good quality education.
2. Right to receive all benefits and services related to study like laboratory, library, and good
quality study materials etc.
3. Right to get proper and correct information related to terms and conditions of the university,
disclosure of fees, affiliation, quality standard and facilities available in the
university/institute etc.
4. Right against exploitation of any kind in the university/educational institute.
5. Right to care regarding the safety of students.
6. Protection from injury on campus.
7. Right to a grievance filing process.
It is the responsibility of the university/educational institutes to safeguard the rights of the student in
order to fulfil its noble objects as enshrined in the statutes and Acts of the university. There are
various provisions available in Central University Act, 2009 which empower the university to frame
rules, guidelines, and ordinances with respect to:
1. The condition of residence of the students to provide good quality accommodation,
2. The condition of residence and teaching of women students,
3. Specialised laboratory,
4. Maintenance of discipline in order to prevent ragging and for the safety of students,
5. Redressal of grievances,
6. Right to appeal against arbitrary action of any officer or authority of the university etc., in
order to safeguard the interest and betterment of the students.
However, there are lacunae in the Act with respect to two factors. An absence of redressal mechanism
at the individual student level and no direct remedy is available for the university if found deficient in
providing service or accused of unfair trade practice.
Support Available in Case Laws in Favour of Students as Consumer

The following court decisions have been quoted to substantiate the argument that student as
consumer and university as the service provider.
Jai Kumar Mittal v. Brilliant Tutorials.
In this case, it was held that the supply of defective study materials by an institute can sustain a valid
claim against it for deficiency of service.
In Bhupesh Khurana v. Vishwa Budha Parishad
Due to misrepresentation about affiliation, the National Commission held, in respect of the recovery
of the fees paid to the institute that the institute was liable to refund the fees, having lured the
students to enrol in it through deceitful tactics. Birla Institute of Technology & Science v. Abhishek
Mengi
The National Commission observed that forfeiture of fees by the educational institute without
imparting education amounts to unfair trade practice.
Sonal Matapurkar v. S. Niglingappa Institute[12]
In this case, admissions were made by the dental institute over and above the sanctioned seats as a
result of which the students were not allowed to appear in the examination by the university. Since
the students had paid huge donations and had also made an investment of time and energy, the
National Commission held that there was the deficiency in service and the complainants were entitled
to refund of the donation and compensation with interest and cost of the proceedings. Secretary,
Board of School Education Haryana, Bhiwani v. Mukesh Chand of Palwal[13]
In this case, the respondents declared the results after a period of one year and eight months of the
scheduled time. The Haryana State Commission held that there was erratic functioning on the part of
the opposite party and it had a callous attitude towards its students, which is the deficiency in service
on its part.
Therefore, the court decisions cited above clearly accepts that student is a consumer of the service
provided by the university. Although, many judgments are also available where this consumer and
service provider relationship is vehemently denied.
Critical Analysis of Three Decisions Delivered by Hon’ble Supreme Court to Restrict the Scope of
Consumer Protection Act, 1986 with respect to Educational Activity
Bihar School Examination Board v. Suresh Prasad Sinha
The issue was raised regarding the issuance of the same roll number to three different candidates by
the Bihar Board of Secondary Education and failure to declare the result of one of the candidates. In
this case, it is held by the Hon’ble Supreme Court that, the Consumer Protection Act, 1986 is not
applicable with respect to statutory functions statutory bodies. Here, the Board is a statutory body
and conducting the examination is in the exercise of discharging its statutory function.
Therefore, in this case, the Bihar Board of Secondary Education is not providing any service. The
examination fee paid by the candidates is also not considered as consideration. It is true that
conducting an examination is not a marketable service.
However, the findings in case of functions performed by statutory bodies outside the scope of service
under the Act, 1986 is not supported by the earlier Supreme Court decision in the Lucknow
Development Authority v. M.K. Gupta where the Supreme Court held that the activity of the statutory
body is not exempted from the definition of service as per the Act, 1986.
Again, the Hon’ble Supreme Court, in Bangalore Water Supply & Sewerage Board v. A. Rajappa had
considered among other things, that educational institutes are classifiable as ‘industry’ as defined in
Section 2(j) of the Industrial Disputes Act, 1947 while determining the import of the aforementioned
term.
Therefore, when there is negligence in performing the statutory duty it should not be exempted from
the purview of the consumer law. When students pay the examination fee then he/she is entitled to
get correct roll number, admit card, question paper, paper for writing the answer, the chance of
scrutiny or review of the answer sheet being a candidate of examination and other facility provided
by the examination board to every student. If there is any deficiency in the processing of the
registration number, roll number, admit card, allotment of examination centre etc. it amounts to
deficiency in service on the part of examination board because the equal opportunity is the right of
every candidate appearing in the examination.
Maharshi Dayanand University v. Surjeet Kaur
In this case, a student had enrolled in two courses simultaneously, one full-time course and one
correspondence course. Such enrolment being in contravention of the rules, the university directed
her to unenroll from one of the courses, pursuant to which she unenrolled from the correspondence
course. However, she participated in the supplementary exam in respect of the correspondence
course, despite having cancelled her enrolment therein, and passed it. However, her having taken the
exam for the correspondence being in contravention of the university rules, the university refused to
confer the degree on her.
University has the statutory power to enact laws, make ordinances in respect of the functioning of the
university. If any action taken by the student in contravention to the existing rules and regulation of
the university enforced at the time of the action then the student is liable to face the consequences as
per the existing rules. In those circumstances, the student cannot claim relief available in the Act 1986
as a consumer of service. It should be borne in mind that the statutory laws of the university and the
rights provided in the consumer law should not contradict each other. Statutory laws of the university
and consumer protection law both are enacted in order to make the functional activity of the
university effective and at the same time to protect the right and interest of the student safe so these
two laws should reinforce each other to protect the interest of both student and university. P.T. Koshy
& Anr. v. Ellen Charitable Trust & Ors.
Supreme Court held, in a brief order that educational institutes do not, through the performance of
educational activities, render any service, in respect of which a complaint of deficiency could be
maintained, and that consumer forums did not have the jurisdiction to adjudicate them. In view of the
above discussions and explanations, it is found that the order in the matter of P.T. Koshy does not
have support on legal and logical grounds.
Conclusion:
In view of the above discussions, it is proved that with regard to the application of the Consumer
Protection Act, 1986 is justified in case of educational activity or service rendered by the
University/educational institutes. It is supported equally well on legal and logical grounds. Students
are direct consumer or beneficiary of the service or facility provided by University/educational
institutes. All kinds of activities performed by University/educational institutes may not be classifiable
as marketable service because of the nature of those particular services but it does not support the
complete exclusion of the University/educational institutes from the scope of Consumer Protection
Laws.
At the same time, a student should not get the opportunity to get any undue privilege in
contravention of the existing rules and regulations specifically mentioned in the statute and Acts of
the university with illegitimate demands as a consumer of service. Therefore, in conclusion,
University/educational institutes come within the ambit of consumer protection law as long as the
complaint is genuine on the ground that a legal right or interest of the student is prejudiced due to
inefficient and deficient service or unethical trade practice by the University/educational institutes.
18. RULE OF STRICT CONSTRUCTION OF PENAL STATUTES (TOLARAM Vs. THE STATE OF BOMBAY)
(SECTIONS 82 & 83 OF IPC)
A PROVISION OF PENAL STATUTE IS CAPABLE OF TWO POSSIBLE INTERPRETATIONS. ONE
INTERPRETATION LEADS TO CONVICTION OF ACCUSED AND THE OTHER INTERPRETATION LEADS TO
ACQUITTAL. WHICH INTERPRETATION HAS TO BE PREFERRED? GIVE REASONS (JULY-2019 & MAY-
2014). ISSUE:
 Which rule of interpretation is applicable in this case? The strict rule of interpretation because
it is a penal statute.
RULE:
The rule is stated by Mahajan C.J. in Tolaram v. State of Bombay, is that “If two possible and
reasonable constructions can be put upon a penal provision, the Court must lean towards that
construction which exempts the subject from penalty rather than the one which imposes a penalty. It
is not competent for Court to stretch the meaning of an expression used by the legislature in order to
carry out the intention of the legislature.
In State of Jharkhand v. Ambay Cements, the Supreme Court held that it is settled rule of
interpretation that where a statute is penal in character, it must be strictly construed and followed.
APPLICATION:
The basic rule of strict construction of a penal statute is that a person cannot be penalized without
a clear letter of the law. Presumptions or assumptions have no role in the interpretation of penal
statutes. They are to be construed strictly in accordance with the provisions of law. Nothing can be
implied. In such cases, the Courts are not so much concerned with what might possibly have been
intended. Instead, they are concerned with what has actually been said.
In criminal cases, strict construction is the general rule of construction.
If the Penal Section covers only some cases of persons, their essence cannot be extended to cover
other persons. Section 82 of IPC deals with an act done by a child below 7 years of age and exempts
them from all criminal liability. Section 83 deals with acts of children who are above seven but below
12 years of age. The two sections make no provision for an infant who is of exact 7 years. It is
submitted that such an infant should be dealt with under Section 82 of the code because penal
statutes are to be interpreted strictly. In order to warrant a conviction for an offence a case must fall
within the ambit of the definition of the offence charged and the rule is that the benefit of all
reasonable doubts must always go the accused.
CONCLUSION:
The given case pertains to the penal statute and the penal statutes have to be constructed strictly.
According to Lord Esher, “If there is a reasonable interpretation which will avoid the penalty in any
particular case, we must adopt that construction. If there are two reasonable constructions, we must
give a more lenient one”.
The accused in the given case is eligible to get the lenient approach and should not be punished.
19. CONSEQUENCES OF REPEAL (EFFECT OF REPEAL)
A. A law was enacted by the legislature in the year 2009. Mr. X was challenged for committing
an offence punishable under the said Act in the year 2012. When the trial against ‘X’ is
pending. Act of 2009 is repealed in the year 2013. What is the effect on the trial against ‘X’?
Discuss (Aug-2018).
B. The prohibition Act was enacted by the state legislature under which the sale, possession
transportation and consumption of liquor was an offence. Mr. X has committed an offence
punishable under the Act when the Act was in force. Later the said Act was repealed by the
same legislature. Mr. X charge-sheeted after the repeal of the Act. Is it legal? Discuss (May-
2016).
C. ‘X’ was charged for committing an offence punishable under the Prevention of Terrorism Act.
When the trial was pending the said Act was repealed by the Parliament. What is its effect on
the pending trial? (May-2014).
ISSUE:
Is the Legislature having the right to repeal an Act? Yes.
Can the trial of the accused be continued after the repeal of the Act? No, prosecution of the case will
come to an end.
RULE:
A previous law may be repealed either expressly or by implication. In both the cases, the
consequences are the same. Following are the effects of the repeal of enactment as per Section 6 of
the General Clauses Act, 1897:
1. Later Act abrogates prior one.
2. Repealed Act ceases to exist and does not remain in force with effect from the date of repeal.
3. As per general law, except in relation to the past and closed transactions, a statute after
repeal is completely obliterated as if it had never been enacted.
4. When an Act is repealed, all laws passed under it stand repealed unless there is a saving
provision.
5. No Proceedings can be commenced or continued under an Act after its repeal. However,
those cases remain unaffected by such repeal in which the proceedings have been brought to
finality before the repeal of the statute.
APPLICATION:
In State of Utter Pradesh vs. Jagmander Das, 1954 the Apex Court held that when a statute is
repealed or comes to an automatic end by efflux of time, no prosecution for the acts done during the
continuance of repealed/expired Act can be commenced after the date of its repeal/expiry because
that would amount to enforcement at repealed or a dead Act.
In Gajraj Singh v. State Transport Appellate Tribunal, the Supreme Court has held that “when an Act
is repealed it must be considered, except as to transactions past and closed, as if it had never existed.
The effect thereof is to obliterate the Act completely from the record of the Parliament as if it had
never been passed, if never existed except for the purpose of those actions, which were commenced,
prosecuted and concluded while it was existing law.
CONCLUSION:
In the given case the prosecution against Mr. ‘X’ cannot be continued because the Act under which
the charges were framed was repealed before his case is finished hence the prosecution will come to
an end and Mr. ‘X’ is free of all earlier charges.
20. REPEAL AND RE-E NACTMENT, SECTION 24 OF THE GENERAL CLAUSES ACT, 1897.
A. A control Act was repealed and re-enacted without modification. What is the effect on orders
and rules made under the repealed Act? (July-2019).
B. A Central Act was repealed and re-enacted without modification. What is its effect on orders
and rules made under the repealed Act? (Aug-2013).
ISSUE:
Whether the Orders and Rules made under the repealed Act are still in force after the reenactment of
the Act? Yes.
RULE:
Section 24 in The General Clauses Act, 1897 Continuation of orders, etc., issued under enactments
repealed and re-enacted. Where any Central Act or Regulation, is, after the commencement of this
Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly
provided any appointment notification, order, scheme, rule, form or bye-law, made or issued under
the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted,
continue in force, and be deemed to have been made or issued under the provisions so re-enacted,
unless and until it is superseded by any appointment notification, order, scheme, rule, form or bye-
law, made or issued under the provisions so re-enacted and when any Central Act or Regulation,
which, by a notification under section 5 or 5A of the Scheduled Districts Act, 1874, (14 of 1874) or any
like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from
the re-extended to such area or any part thereof, the provisions of such Act or Regulation shall be
deemed to have been repealed and re-enacted in such area or part within the meaning of this section.
APPLICATION:
CONCLUSION:
21. INCONSISTENCY BETWEEN SUBSTANTIVE LAW AND PROCEDURAL LAW, WHICH WILL PREVAIL?
If there is any inconsistency between a provision of substantive law and a provision of procedural law,
which shall prevail over the other? Discuss (
Preamble
The Preamble does not grant any power but it gives direction and purpose to the
Constitution .It outlines the objective of the whole Constitution. The Preamble contains
the fundamental of constitution. It serves several important purposes, as for example;
1. It contains the enacting clause which brings the Constitution into force.
2. It declares the basic type of government and polity which is sought to be established in
the country.
3. It declares the great rights and freedom which the people of India intended to secure
to its entire citizen.
4. It throws light on the source of the Constitution, viz., the People of India
As regard the nature of the Indian Polity , the Preamble to the Constitution declares
India to be a „Sovereign Socialist Secular Democratic Republic‟. The term „Sovereign ‟
denotes that India is subject to no external authority and that the state has power to
legislate on any subject in conformity with constitutional limitations. The term
„Democratic‟ signifies that India has a responsible and parliament form of government
which is accountable to an elected legislature. The Supreme Court has declared
„democracy‟,as the basic feature of the Constitution. The term „Republic‟ denotes that
the head of the state is not a hereditary monarch, but an elected functionary3.
As to the grand objectives and socio-economic goals to achieve which the Indian Polity
has been established, these are stated in the Preamble. These are: to secure all its
citizens social , economic and political justice; liberty of thought; equality of status and
opportunity, and to promote among them fraternity so as to secure the dignity of the
Individual and the unity and integrity of the Nation.
The Preamble emphasizes the unity of Nation and it proceeds further to define the
objectives of the Indian Republic. The Preamble has been amended once in 1976 .The
Preamble contains a specified objective that is the basic structure. The Preamble may
invoked to determine the ambit of the fundamental rights , and Directive Principles of
States Policy. It is the soul of the soul of the Constitution and as such is the precious part
of the Constitution .Preamble says that the Constitution was adopted on 26th
November,1949 which is observed as the Law Day though it came into force from 26th
January, 1950.
The basic objective specified in the Preamble contains the basic structure of our
Constitution, which cannot be amended in the exercise of the power under article 368 of
the Constitution .For the theory of the “basic structure”. See the following judgment of
the Supreme Court:
.2 Interpretation of Preamble:
The interpretational value of the Preamble can be studied in the following dimensions-
1. Preamble assisting the interpretation of provisions of the Constitution itself;

2. Preamble as a source of interpretation of statutes framed under the Constitution ;and
3. The words in the Preamble as judicially interpreted and reflected in judicial analysis.
4. Fundamental rights; and
5. Directive Principles of the State Policy.

The Preamble is of utmost importance in the process of interpretation of the
Constitution. The Preamble is considered to be a legitimate aid in the interpretation of
the provisions of the Constitution. For the purpose of interpretation, the Preamble of the
Constitution stands on the same footing as the Preamble of an Act. “The Preamble of the
statue,” said Coke, “is a good means to find out the meaning of the statute, and as it
were a key to open the understanding thereof.
The Preamble may therefore be pressed into service to interpret the provisions as to:
1. Fundamental rights – Keshavananda Bharti v. State of Kerela10 .
2. Directive Principles-Chandra Bhavan v. State of Mysore11.
The Preamble, the Fundamental Rights and the Directive Principle have been
characterized as the „trinity‟ of the Constitution.
Statute must be read as a whole in its context

The statute as a whole, the previous state of the law, other statutes in pari materia, the
general scope of the statute, and the mischief it is to remedy, is the basic context of any
statute. The elementary rule states that the intention of the Legislature must be found
by reading the statute as a whole. Every clause needs to be construed with reference to
the context and other clauses of the Act, to make a consistent enactment of the whole
statute or series of statutes relating to the subject-matter. It is the most natural and
genuine exposition of a statute.
The conclusion that the language is plain or ambiguous can only be truly arrived at by
studying the statute as a whole. How far and to what extent each component influences
the meaning of the other , would be different in each given case. Each word, must
however, be allowed to play its role, however significant or insignificant it may be. in
achieving the legislative intent. Each section must be construed as a whole, whether or
not one of the parts is a saving clause or a proviso. They may be interdependent, each
portion throwing light, if need be on the rest.
A question of construction only arises when one side submits that a particular provision
of an Act covers the facts of the case and the other submits that it does not or it may be
agreed it applies, but the difference arises to its application.
Statute to be construed to make it effective and workable: However plain the
meaning be
The interpretation should be construed to make the statute workable, which secures the
object, unless crucial omissions or clear direction makes that end unattainable. The
doctrine of purposive reconstruction may be taken recourse to for the purpose of giving
it full effect to the statutory provisions. The meaning of the statute must be considered
rather then the rendering the statute a nullity.
Appraisal of the principle of plain meaning
Plain words require no construction. This starts with the premise that the words are
plain and that the conclusion can be arrived at after construing the words. This also
means that once the conclusion has been arrived at, that the words/ sentence can bear
only one meaning, the effect to that meaning is to be given.
Language which on its construction results in absurdity, inconsistency, hardship or
strange consequence is not readily accepted as unambiguous. Here unambiguous
means ‘unambiguous in its context. So ambiguity need not necessarily be a
grammatical ambiguity, but one of appropriateness of the meaning in a particular
context. Also, difference of judicial opinion as to the true meaning of certain words need
not necessarily lead to the conclusion that those words are ambiguous.
“Statutory enactment must ordinarily be construed according to its plain meaning and no
words shall be added, altered or modified unless it is plainly necessary to do so to
prevent a provision from being unintelligible, absurd, unreasonable, unworkable or
totally irreconcilable with the test of the statute.” [Bhavnagar University v. Palitana
Sugar Mill (P.) Ltd., (2003) 2 SCC 111 : AIR 2003]

Interpretation of Statutes

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Interpretation of Statutes

Uploaded by

Copyright:

Available Formats

Classification of status

A. Classification with reference to duration -

Such a mode classifies a statute as -

2) Permanent Statute/Perpetual Statute -

Permanent Statute/Perpetual Statute -

B. Classification with reference to Nature of operation-

C. Classification with Reference to Object -

For example- Indian Penal Code or Code of Criminal Procedure.

8) Taxting Statute -

10) Amending Statute -

11) Repealing Statute -

A Repealing statute is one which repeals an earlier statute.

12) Curative for Validating Statute -

The advantages of the literal rule:

The dis-advantages of the literal rule:

There are two ways as to how the Golden rule is used:

. THE PASSERS BY MISCHIEF RULE OF INTERPRETATION – SMITH vs. HUGHES

What are the kinds of repeal?

Under the following circumstances, the implied repeal is inferred

Effects or repeal with respect to common law

General consequences of repeal

Example: in Kesavananda Bharthi case [11], judges quoted large number of books.

Title of the statute

Interpretation or Definition Clause:

Example- Section 378 of theft in IPC has 16 illustrations attached to it.

WHETHER A STUDENT IS A CONSUMER OR NOT?

Consumer Protection Act, 1986

The term ‘service’ is defined in Section 2(1)(o) of the 1986 Act:

The term “consumer” as per Section 2(1)(d) of the 1986 Act:

Do Educational Institutions Fall Under the Purview of the Act?

Critical Analysis of University-Student Relationship in the Context of Consumer Protection

Rights of the Student and Responsibility of University/Educational Institute

Support Available in Case Laws in Favour of Students as Consumer

1. Preamble assisting the interpretation of provisions of the Constitution itself;

5. Directive Principles of the State Policy.

Statute must be read as a whole in its context

You might also like