Note-

These are not the complete answers. I have given the essential points that your answer must
constitute. Any case laws apart from the ones discussed in class can be used as well (as long as
they are relevant). Write the answers in the regular pattern you have been following to answer
problem based questions. If you are unaware of the exact case law, use words like “in a landmark
case/ well-known judgment” but do not write wrong/made up case names. A particular answer
might include multiple facets so do not stick to one single approach. (eg- literal rule cases can be
used and discussed for interpretation of taxing statutes).

IOS Problem Questions:

1. B abused A by using unparliamentarily words against him. A angered by this hit B on his head.
B fell unconscious and was taken to the hospital, where he was declared brought dead. A was
charged with the commission of a crime under Indian penal code. But A denied the criminal
liability holding that he exercised his right of self defense and the death was an accident.
Whether A is guilty of crime? Decide with appropriate rule of interpretation.

● Literal rule- ‘anything said or done in the parliament’- will there be immunity- meaning
of ‘anything’
● Penal statute- when meaning is ambiguous – select meaning which is beneficial to the
accused.

2. Prakash Ayurvedic Bhavan manufactures medicinal preparation for the internal and external
use of human being. For the manufacture of medicine, many ingredients are being used and
liquor is one amongst them. The excise commissioner sought to impose excise duty on the
liquor quantum used for the medicinal preparation. This was objected by the Bhavan on the
ground that it is medicine and not alcohol that they manufacture and sell. Decide by applying
suitable rule of interpretation. Whether imposition of excise duty is justified ?

● Interpretation of taxing statutes- strict construction/literal rule

● Charging section must be construed strictly
● Tax can be imposed by authority of law- no implication or analogy is allowed
● You can justify either way as long as you give reasons

3. AccordingtoKarnatakaElectricityAct,1948,theElectricity Board is empowered to fix electricity

tariff depending upon nature of supply, geographic location, purpose of supply and
others.How to interpret the word ‘Others’ in this case ? Decide with suitable rule of
interpretation.

● Interpretation of taxing statutes- strict construction/literal rule

● Others- ejusdem generis but not a broad definition because of the nature of the
statute.
● You can justify either way as long as you give reasons

4. Industrial Disputes Act provides that a party cannot be represented by a legal practitioner
before labour court, tribunal or national tribunal where as Advocates Act conifers right to
practice on every advice before any authority. How to resolve the class? Decide with the help
of suitable rule of interpretation.

● Rule of harmonious construction

 ● Explain the rule and relevant case laws
● Then state how instead of rendering either provision invalid- ID Act provision will be
considered as an exception to the Advocates act rule and construed harmoniously.

5. Suraj was held liable to be punished for contravening S.7 of Prevention of Food Adulteration
Act, 1954 even though he had no guilty mind as he did not know that the food article was
adulterated. He challenges his conviction. Decide with the help of appropriate rule of
interpretation.
● Mens rea in statutory offences
● There is no specific rule to be applied- strict rule of interpretation as it is a penal
provision
● In some statutes for the purpose of public welfare/health and order- liability is imposed
even though there is no guilty mind

6. Employer has to pay maternity benefit by way of wages for the actual period of a woman’s
absence for six weeks under Maternity Benefits Act while calculation wages he excludes
Sundays. Meena questions it and claims that she should get wages for Sundays also. Advice
her with the help of suitable rule.
● Maternity benefit is a welfare statute, so beneficial construction
● The question is advice ‘her’- so your justification should benefit her. Ensure you read
the question carefully.

7. Mohan files a water pollution case in criminal court under Section 133 of Cr.Pc but magistrate
does not entertain the case stating Pollution Control Boards has jurisdiction under the Water
(Prevention and Control Of Pollution) Act, 1974, not the Criminal Court. Advice Mohan with the
help of suitable rule of interpretation.
● Statutes affection/barring jurisdiction of courts
● Strict interpretation only
● Special courts set up statutorily will have jurisdiction.

8. A minor has high to maintenance under Cr.P.C. Muslim Women (Protection of Rights on
Divorce ) Act, 1986 also enables Muslim woman to claim maintenance for her children. Under
which law can aMuslim minor claim maintenance/ Decide with the help of relevant rule of
interpretation.
● Harmonious construction + beneficial construction.
● The question itself is slightly ambiguous.

9. Special Court Act, 1992 which confers civil jurisdiction on special court relating to any
property bars the jurisdiction of any other court. Where as recovery of debts due to Banks and
Financial Institutions Act, 1993 provides for tribunals to recover debts due to Banks and
financial institutions. Both are ‘Non Obstante Clauses”. resolve the clash between the two
laws using relevant rule of interpretation.
● Statutes barring jurisdiction – strict interpretation
● Explain non obstante clause- how to harmoniously construct 2 non obstante clauses

10. Avatar contends before the competent court that the sale of betel leaves shall not be made
liable for sale tax relying a dictionary meaning given on the said term as vegetable. Decide.
● Exactly the betel leaves case (ramavatar)- discuss literal rule and the case law
11. Ram who is sentenced to life imprisonment pleas to the court which passed such sentence to
set-off the period of pre-conviction u/s 428 of Cr.P.C. But the Government pleader opposes it
u/s 433 -A Of Cr.Pc. Decide.
● ASK KSLU HOW TO ANSWER THIS.
● You are not required to know all the sections of all statutes.
● But this is a case of harmonious construction and in case of ambiguity – since it’s a
penal provision- in favour of the accused it must be constructed.

12. ‘A’ obtains insurance policy against the theft of his car from insurance company. His car was
stolen by the passengers he gave a free lift while returning to his home. When ‘A’ claimed
insurance the insurance company denies the compensation. Decide.
● Welfare statute - beneficial construction