Roll No.

57
SAP ID - 500061835
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
Mid Semester Examination, October 2020
Open Book – Through Blackboard Learning Management System

Course: Interpretation of Statutes Course Code: CLCC2006

Programme: BBA.LLB Corp Law Semester: VII
Time: 02 hrs. Max. Marks: 50

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

Instructions:

S. No. Marks CO
1 “Words in any language are not scientific symbols, having any definite and precise
meaning and language is an imperfect vehicle of conveying one’s thoughts. It is not
possible for even the most imaginative legislator to foresee and provide exhaustively
for situations that might arise in future which call for the application of enacted 15 C02
law”. Critically analyse the above statement and discuss the role of judiciary in
Interpretation of statutes.

Ans. The word interpretation defines the process through which one interprets the correct
and real intention of the law-making bodies which has been laid down in the statutes.
Interpretation also defines the art of finding out the real sense of any law by giving
the words mentioned their ordinary and natural meaning in order to know the rule
meaning of words which are being used in the statute. Most importantly,
interpretation of statutes has also ensured that the courts act according to the intent of
legislature.

Role of Judiciary:
•The courts coming under the purview are expected not to act arbitrarily in any way
and also to be following the rules of interpretation.
•Since the administration of justice is carried out by the judges, certain set of rules of
interpretation has been set up in order to ensure that just and uniform decisions are
being delivered by them.
•The Courts are believed to be acting according to the intent of legislature.
•The Courts and judges are also expected to move forward while keeping in mind the
following factors which might result in a different interpretation:
(a)Vagueness of words which are being used in the statutes
(b)Change in environment and society
 (c)Complexities of the laws

Case: R.S. Nayak vs. A.R. Antulay

The Court held that in cases where the words are bringing out the clear meaning and
are unambiguous in nature, the Court shall plainly give effect to the natural meaning
of the words which are being used in the provision.
2 Section 40(2) of the Central Excise and Salt Act (1 of 1944) was enacted to provide
the time-limit for action against any complaint under the said act. The Section was as
follows: “No suit, prosecution or other legal proceedings shall be instituted for
anything done or ordered to be done under the Act after the expiration of six months
from the accrual of the cause of action or from the date of the act or order 10 C03
complained of”.
State which doctrine can be applied to the interpretation of the expression ‘penalty’
and ‘adjudication proceeding’ to be covered of under the expression ‘other legal
proceeding’. Give reasons for your answer with decided cases.
Ans. Ejusdem Generis refers to “of the same kind and nature”
When a specific word is used in the act and a general word is used afterwards, then
the general word will be interpreted in reference to the specific word.
It means words of a homogenous class. This rule is applied where there are particular
words that have ordinary features depending upon a class. The Ejusdem Generis rule
is used to resolve the problem of giving meaning to groups of words where one word
is vague and unclear.
The rule must be controlled by the fundamental rule of the statutes must be
understood so as to carry out the object that has to be achieved. The rule requires that
the specific words must belong to one genus, in which, the general word may be
presumed to be restricted to that genus.

This rule can be illustrated with reference in the case Kerala Cooperative Consumers
Federation v. CIT (1988), in which the court was required to interpret the meaning of
the phrase ‘body of individuals’. It said that interpreting the words, ‘body of
individuals ‘occurring in Section 2(31) of the Income Tax act alongside the words
‘Association of Persons’, the words ‘body of individuals’ has to be construed in the
same context and meaning given to the words ‘ association of persons.’
The rule of Ejusdem Generis applies as stated by the Supreme Court in Amarchandra
Chakraborty v. Collector of Excise,1972, when:
1.The statute contains a number of specific words.
2.The subjects constitute a category
3.The class or category that is not exhausted by the number or words
4.When there is no mention or indication of a different legislative intent.
The specific words in the above statement, ‘penalty’ and ‘adjudication proceeding’
will be covered under the General word i.e. other legal proceeding, as those specific
words belong to one genus and this genus is covered by the general term – ‘other
legal proceeding.’
3 To remove disability on Harijans from entering Hindu public Temples, a State enacts 15 C04
a law under Art 25 of the Indian Constitution by which entry to any such temple is
thrown open to all sections of Hindus. The trustees of a denominational Hindu public
temple ‘T’ resist the application of such law on the ground that entry to their temple
had long been restricted by their religion to Hindus belonging to a particular sect,
and since they have a primordial right under Art. 26 of the Constitution to manage
 their affairs in the matters of religion, the entry as such can’t be thrown open to all
sections of Hindus.
Which rule of interpretation would you apply in resolving the dispute judicially?
Give Reasons

Ans. Harmonious Rule of Interpretation would be applied in the following mentioned

situation herein since:
•It has been mentioned herein that Harmonious Rule of Interpretation is a cardinal
rule of interpretation which talks about two provisions existing together and which
are being deemed to be in conflict, under such circumstances the interpretation of
both provisions shall be made in such a way that both have their respective effects
which could be put down in effect.
• It also talks about how if any construction is rendering another one as useless, the
same shall not be adopted until it being the last resort.
•It follows the learning wherein it is said that every introduced law has a purpose of
its own to serve and intent under the law to prove.

Case: Venkataramana Devaru vs. State of Mysore

Elucidating upon the facts of the given case, the Court has applied the rule of
Harmonious Construction in the above mentioned case wherein a dispute had arisen
between Art 25(2)(b) and Art 26(b) of the Constitution of India wherein it held that
the right of every religious denomination or any section, thereof to manage its own
affairs in matters of religion as mentioned under Article 26(b) is subjected to any law
made by a State which is providing for social welfare and reform or throwing open
of Hindu religious institutions of a public character to all classes and sections of
Hindus herein talking about Article 25(2)(b).

Thereby the same referred case and the rule of harmonious construction can be used
in the above-mentioned situation.

4 “It is the duty of the court to try and avoid that construction which attributes
irrationally to the legislature. And, hence must obviously prefer such construction
which renders the statutory provision constitutionally valid instead of making it
void”. 10 C02
In the light of above statement elucidate the rule of interpretation in brief.

Ans. In the above statement the legal maxim Ut Res Magis Valeat Quam Pereat is being
referred which means, “it is better for a thing to have effect than to be made void, i.e
it is better to validate a thing than to invalidate it”. This legal maxim is used in India.
A statute should be authentic valid and the courts duty it is to interpretate it. The
court cannot resile itself from the duty and interpretate the law and hence the law
formed shall not go in vain but shall be used. If the law or the statute is irrational
should be avoided and laws and statutes shall be made which are constitutionally
valid. This maxim says that the rule constructed shall be given effect instead of
making it void and useless and destroying it. If in case the presumption of the
constitution fails then statute cannot be rendered operatively or valid accordingly.

Case Law – KP Varghese vs ITO

In this case the court held that the court should as much as possible avoid that
construction which causes irrationality to the legislature. It shall prefer a construction
which renders the statutory provision constitutionally valid rather than making it
void. It is because the legislature is presumed to enact a law which does not violate
the constitutional provisions.

Case Law – CIT vs RM Amin

In this case the court held that the court should always prefer a construction which
will give some meaning and effect to the words used by the Legislature, rather than
that which will reduce it to vanity.

Case Law - CIT v. S. Teja Singh

A construction which gives any provision in the Act unimportant and defeats the
object of the provision, is avoided, even though the language of the statute suffers
from a slight inexactitude.

I, ……………………………………………., understand that submitting work that

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