Legal language

Answer questions in one or two sentences

1. The security guard opens the door. (Change the choice).
Ans. The security guard locks the door
2. Differentiate between Appeal and Review.
Ans. An appeal is a formal request to a higher authority, such as a court or tribunal, to
reconsider a decision, often focusing on legal or procedural errors. A review, on the other
hand, involves examining a decision to ensure it complies with established rules or standards,
typically without introducing new evidence.
3. Explain the citation: Aruna Shanbaug vs Union of India AIR (2011) SC 1290.

Ans. The citation "Aruna Shanbaug vs Union of India AIR (2011) SC 1290" refers to a
landmark judgment of the Supreme Court of India. Here's the breakdown:

1. Case Title: Aruna Shanbaug vs Union of India

o This identifies the parties involved in the case. Aruna Shanbaug, a nurse in a
vegetative state for decades after a brutal assault, was the subject of the case.
The Union of India refers to the central government.
2. AIR (2011) SC 1290:
o AIR: Abbreviation for All India Reporter, a widely used legal reporting
journal in India.
o 2011: The year in which the judgment was delivered and reported.
o SC: Indicates that the decision was delivered by the Supreme Court of India.
o 1290: Refers to the page number in the AIR journal where the case begins.

4. Explain Law Reports.

Ans. Law reports are published records of judicial decisions from courts, containing the
details of legal arguments, rulings, and reasoning in significant cases. They serve as
authoritative references for judges, lawyers, and scholars to ensure consistency and adherence
to precedents in legal proceedings.
5. What is meant by retrospective effect of law?
Ans. The retrospective effect of law means a law is applied to actions, events, or situations
that occurred before the law was enacted or came into force. Such laws can alter or affect
rights, obligations, or liabilities that existed prior to their implementation.
6. He said, “I’m going out.” (Change into indirect speech).
Ans. He said that he was going out.

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 7. Explain the tern “Ex-Parte”.
Ans. Ex-parte refers to a legal proceeding conducted in the absence of one of the parties
involved, typically because they failed to appear or were not notified. Decisions made ex-
parte are based solely on the evidence and arguments presented by the attending party.
8. What is meant by Nemo est haeres viventis.
Ans. The Latin maxim "Nemo est haeres viventis" means "No one can be the heir of a
living person." This principle implies that inheritance rights arise only after the death of a
person, as no one can inherit property or title from someone still alive.
9. She bought a new car (Change the voice from active to passive).
Ans. A new car was bought by her.
10. “I never hate my country” (Change into affirmative sentence).
Ans. “I always love my country.”
11. State two examples of external aids.
Ans. Two examples of external aids to interpretation of statutes are legislative history and
judicial precedents. Legislative history includes the debates, reports, and other documents
from the law-making process, while judicial precedents refer to previous court decisions that
interpret similar legal provisions.
12. Differentiate between Discharge and Acquittal.

Ans. Here’s a comparison between Discharge and Acquittal in tabular form:

Aspect Discharge Acquittal

Discharge is a decision where the Acquittal is a verdict where the
Definition accused is released from the accused is found not guilty after the
charges before the trial concludes. trial is completed.
Happens before the trial starts or at Happens after the trial, when the judge
Stage of Case its early stage, often based on or jury decides the accused is not
insufficient evidence. guilty.
The accused is released, but the The accused is permanently cleared of
Effect on
case may still be revived if new charges and cannot be retried for the
Accused
evidence emerges. same offense.
The accused is legally declared
The case is disposed of without
Legal innocent, and no further legal
going into a full trial, and charges
Consequence proceedings for the same offense can
are dropped.
occur.

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 13. Explain the citation: Animal Welfare Board of India v A Nagaraja and others (2014) 7
SCC 547.

Ans. The citation "Animal Welfare Board of India v A Nagaraja and others (2014) 7
SCC 547" refers to a significant judgment delivered by the Supreme Court of India. Here’s
the breakdown:

1. Case Title: Animal Welfare Board of India v A Nagaraja and others

o This indicates the parties involved in the case. The Animal Welfare Board of
India (AWBI) filed the case against A Nagaraja and others, likely referring to
individuals or organizations involved in the practice of animal cruelty.
2. (2014):
o The year the judgment was delivered.
3. 7 SCC:
o SCC stands for Supreme Court Cases, a well-known legal reporting journal in
India that publishes judgments from the Supreme Court. The number "7"
refers to the volume of the journal in which the case is reported.
4. 547:
o This is the page number of the judgment in the SCC journal where the case
starts.

14. Law magazine.

Ans. A law magazine is a periodical publication that covers legal news, case analyses,
scholarly articles, and opinions on various aspects of law. It serves as a platform for legal
professionals, academics, and students to stay updated on recent developments and
discussions in the field of law.
15. What is meant by Adjournment?
Ans. Adjournment refers to the temporary suspension or postponement of a court hearing or
legal proceeding to a later time or date. This can occur for various reasons, such as the need
for further evidence, the unavailability of a party, or to allow more time for preparation.
16. Define “Affidavit” as per the General Clause Act, 1897.
Ans. As per the General Clauses Act, 1897, an affidavit is defined as a written statement
made voluntarily and confirmed by the oath or affirmation of the person making it. It is
typically used to attest facts or provide evidence in legal proceedings.
17. Someone has picked my pocket. (Change the voice).
Ans. My pocket has been picked by someone.
18. Stones should not be thrown by those who live in glass house. (Convert into active
voice).
Ans. Those who live in glass houses should not throw stones.

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 19. He is sometimes foolish. (Change into negative sentence).
Ans. He is not always foolish.
20. Very few cities in India are as rich as Mumbai. (Change the degree of Comparison).
Ans. Mumbai is richer than most cities in India.
21. Tell me where you live. (Change into simple sentence).
Ans. Tell me your address
22. Why waste time in reading trash? (Convert into assertive sentence).
Ans. Reading trash wastes time.
23. alas we finally met she said (Punctuate the sentence).
Ans. "Alas! We finally met," she said.
24. State any two features of the magazine “Lawyer’s Collective’.
Ans. Lawyer's Collective is a prominent legal magazine in India that focuses on legal issues,
human rights, and social justice. It also provides in-depth analysis of important legal cases
and legislative developments, serving as a valuable resource for legal professionals and
activists.
25. Give the full form of the following 1. I.T.R 2) D.M.C.
Ans. I.T.R.: Income Tax Return
D.M.C.: Delhi Municipal Corporation
26. Explain the Citation Shivlal Yadav v Chatur Singh, AIR (1995) Guj. 583

Ans. The citation "Shivlal Yadav v Chatur Singh, AIR (1995) Guj. 583" refers to a legal
case reported in the All India Reporter (AIR), a well-known law journal in India. Here's the
breakdown:

1. Case Title: Shivlal Yadav v Chatur Singh

o This identifies the parties involved in the case. Shivlal Yadav is the plaintiff or
appellant, while Chatur Singh is the defendant or respondent.
2. AIR (1995):
o AIR stands for All India Reporter, which publishes judicial decisions from
courts across India. "1995" indicates the year in which the judgment was
delivered.
3. Guj.:
o Guj. refers to the Gujarat High Court, indicating that this case was decided by
the Gujarat High Court.
4. 583:
o This is the page number in the AIR journal where the case is reported.

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Write Short Notes.
1. Vishakha v State of Rajasthan – AIR 1997 SC 3011.

Ans. The case Vishakha v State of Rajasthan – AIR 1997 SC 3011 is a landmark decision
by the Supreme Court of India that dealt with the issue of sexual harassment at the
workplace. Here’s a brief note on it:

Key Points:

1. Facts of the Case: The case was initiated after the gang rape of a social worker,
Vishakha, in Rajasthan. It highlighted the need for legal protection against sexual
harassment at the workplace.
2. Judgment: The Supreme Court, in this case, laid down significant guidelines to
prevent sexual harassment at the workplace. It directed that all employers should
provide a safe working environment and take appropriate steps to prevent incidents of
sexual harassment.
3. Legal Significance: The Court, in the absence of specific legislation, framed
guidelines called the Vishakha Guidelines, which were to be followed by all
institutions and organizations. These guidelines became the foundation for India's
later Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
4. Outcome: The decision emphasized the importance of gender equality and the right
of women to work in a safe environment, making it a significant step towards the
protection of women’s rights in India.

2. Beneficial Construction.
Ans. Beneficial Construction is a legal principle used by courts to interpret statutes in a way
that promotes the welfare or benefit of the individuals or groups the law intends to protect. It
is applied when there is ambiguity or vagueness in the language of the law, and the court
interprets the provision in a manner that advances its social, economic, or humanitarian
purpose. This approach is commonly used in social welfare laws, labor laws, or laws that
protect vulnerable sections of society, ensuring that the intended beneficiaries receive the full
benefit of the law.
3. Describe the search of a case law on “whether contract by minor is void ab-initio”.

Ans. To search for case law on whether a contract by a minor is void ab initio (void from the
outset), you can follow these steps:

1. Understand the Legal Principle:

 According to Indian contract law, as per Section 11 of the Indian Contract Act,
1872, a contract entered into by a minor is void ab initio. A minor is not competent to
contract, meaning the contract is not legally binding and cannot be enforced against
the minor.

2. Identify Key Legal Terms:

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  Keywords: "Contract by minor," "Void ab initio," "Minor’s contract," "Indian
Contract Act," "Void contract," "Incapacity to contract."

3. Search in Legal Databases:

 Use legal databases like Indian Kanoon, Manupatra, or SCC Online to search for
case law.
 For example, search for terms like "contract by minor void ab initio" and filter results
by case year and jurisdiction (Supreme Court or High Courts).

4. Look for Landmark Cases:

 Mohori Bibee v. Dharmdas Ghose (1903) – A landmark case by the Privy Council
that established the principle that a contract entered into by a minor is void ab initio
under Indian law.
 Derry v. Peek (1889) – While this is a case from English law, it can be referenced in
comparison to the Indian legal system's treatment of contracts by minors.

5. Case Search Example:

 You can search for the phrase "whether contract by minor is void ab initio" or
check specific case law involving minor contracts like Mohori Bibee v Dharmdas
Ghose (1903).
 Check if subsequent courts have upheld or clarified this ruling in later judgments.

6. Read the Judgment and Analyze:

 The court would elaborate on whether the contract was void and the reasoning behind
this interpretation, explaining that a minor's agreement lacks legal capacity, rendering
it void from the outset.

Conclusion:

Based on the principles from Mohori Bibee v. Dharmdas Ghose, the contract by a minor is
typically considered void ab initio, meaning it has no legal standing from the moment it is
made. Courts emphasize that minors are not legally competent to enter into binding contracts,
and this principle ensures protection for minors from exploitative contracts.

4. Salus populi est suprema lex.

Ans. "Salus populi est suprema lex" is a Latin maxim that translates to "The welfare of the
people is the supreme law." This principle asserts that the well-being and safety of the
general public should be the highest priority in the formulation and execution of laws. It
emphasizes that laws and governmental actions should be directed towards promoting the
common good and ensuring the public's welfare, sometimes even overriding other legal
considerations when necessary.

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 5. De minimis Non Curat Lex.

Ans. "De minimis non curat lex" is a Latin legal maxim that translates to "The law does not
concern itself with trifles" or "The law does not deal with minor matters." This principle
suggests that the law is not concerned with insignificant issues or trivial matters that do not
have a substantial impact or importance. In legal contexts, it means that courts generally do
not address petty or inconsequential details that do not affect the overall outcome of a case or
the rights of the parties involved.

6. Rex Non Potest Peccare.

Ans. "Rex non potest peccare" is a Latin maxim that translates to "The King can do no
wrong." This principle historically meant that the sovereign or ruler could not be held
accountable for any unlawful actions, as the monarch was considered above the law. It was
rooted in the concept of sovereign immunity, where the monarch was seen as the supreme
authority and could not be prosecuted or sued in their own courts. While this principle was
widely accepted in monarchies, in modern constitutional law, it has evolved, and sovereign
immunity is now limited or modified in most democratic systems.
7. Explain the meaning of 1. Acquittal 2. Discharge.

Ans. Acquittal:

 Acquittal refers to a judgment in a criminal case where the defendant is found not
guilty of the charges against them. It occurs after the trial has been completed, and the
court determines that the evidence presented does not prove the defendant's guilt
beyond a reasonable doubt. An acquittal typically results in the defendant being freed
from any legal liability or punishment for the offense.

Discharge:

 Discharge refers to the release of the accused from criminal charges at an early stage
of the case, before the trial has concluded. A discharge can occur if the court finds
that the evidence is insufficient to proceed with the trial or that there are legal reasons
preventing the case from continuing. Unlike acquittal, discharge does not involve a
decision on the merits of the case and may not necessarily imply innocence, but rather
a lack of sufficient grounds to pursue the case further.

8. State and explain two types of rights.

Ans. Here are two types of rights:

1. Civil Rights:

 Explanation: Civil rights are those rights that protect individuals' freedom and
equality within a society. These include fundamental freedoms like the right to life,
liberty, property, and personal security, as well as the right to vote, the right to a fair

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 trial, freedom of speech, and freedom of religion. Civil rights aim to ensure that
individuals are treated fairly and are free from discrimination or oppression.

2. Economic Rights:

 Explanation: Economic rights refer to the rights that enable individuals to have
access to and control over economic resources. These rights include the right to own
property, the right to work, the right to receive fair wages, and the right to access
basic economic necessities like housing, education, and healthcare. Economic rights
ensure that people can participate fully in the economy and have opportunities for
financial stability and well-being.

9. Interpretation of directory and mandatory provisions.

Ans. The interpretation of directory and mandatory provisions is essential in

understanding the intent behind laws and regulations. Here's a breakdown:

1. Mandatory Provisions:

 Definition: Mandatory provisions are those legal rules or requirements that must be
strictly followed. Non-compliance with a mandatory provision usually results in
invalidity, penalties, or other legal consequences. These provisions are essential to the
functioning of the law and cannot be disregarded or ignored.
 Interpretation: Courts interpret mandatory provisions as non-negotiable, meaning
that failure to comply with these provisions leads to a breach of law, and the
consequences of non-compliance are enforceable. The language used for mandatory
provisions is usually clear, decisive, and imperative (e.g., "shall," "must").

Example: A mandatory provision in a contract might require a party to give notice within a
certain period, and failure to do so could invalidate the contract.

2. Directory Provisions:

 Definition: Directory provisions are legal requirements that suggest or guide the
intended action but are not strictly binding. Non-compliance with directory provisions
does not necessarily result in the invalidity of actions taken, though they may be
subject to correction or justification.
 Interpretation: Courts interpret directory provisions flexibly, allowing for some
leeway in how the provisions are followed. These provisions generally use softer
language like "may," "should," or "preferably," indicating that the action is
recommended but not mandatory.

Example: A law that specifies the "may" appoint a committee within a certain time frame
would not invalidate actions if the committee was appointed after the suggested time.

Key Differences:

 Mandatory provisions are essential for the legality of the action, while directory
provisions are more flexible and allow discretion.

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  Non-compliance with mandatory provisions generally leads to legal consequences,
whereas directory provisions allow for some flexibility or correction.

10. Ignorantia facti excusat, ignorantia juris non excusat.

Ans. "Ignorantia facti excusat, ignorantia juris non excusat" is a Latin maxim that
translates to "Ignorance of fact excuses, ignorance of law does not excuse."

Meaning:

 Ignorance of fact excusing means that if a person is unaware of the factual

circumstances surrounding an event or situation, it may serve as a valid excuse for
their actions. For example, if someone unknowingly takes someone else’s property
believing it to be their own, they may not be guilty of theft.
 Ignorance of law not excusing means that a person cannot claim ignorance of the
law as a defense for committing an illegal act. The law expects everyone to be aware
of the laws governing their actions, and failure to comply with the law due to lack of
knowledge is not an acceptable excuse.

This maxim emphasizes that legal responsibility is tied to knowledge of the law, while factual
ignorance might be a valid defense in certain circumstances.

11. Search of case on “Whether contract against public policy is invalid”.

Ans. Contracts that contravene public policy are generally considered void and
unenforceable. This principle is well-established in contract law, as courts aim to prevent
agreements that could harm public interests or violate legal standards.

Key Case Example:

In Tunkl v. Regents of the University of California, 60 Cal.2d 92 (1963), the California

Supreme Court addressed the enforceability of a release clause in a contract with a hospital.
The court determined that the release, which exempted the hospital from liability for
negligence, was unenforceable because it contravened public policy. The decision established
a six-factor test to assess whether a contract affects the public interest, including
considerations like the nature of the service, the bargaining power of the parties, and the
necessity of the service to the public.

General Principles:

 Illegality and Public Policy: Contracts that involve illegal activities or violate public
policy are void. For instance, agreements to commit a crime or those that harm public
health are unenforceable.
 Public Policy Considerations: Courts evaluate whether a contract's terms or purpose
undermine public welfare. Contracts that restrict trade, promote monopolies, or
involve unethical practices may be deemed void.

In summary, contracts against public policy are typically invalid, as courts strive to uphold
agreements that align with societal interests and legal standards.

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 12. Intepretation of taxation statutes.

Ans. The interpretation of taxation statutes refers to how courts or legal professionals
understand and apply tax laws to specific situations. Since tax statutes often contain complex
language, the way they are interpreted is critical in determining tax liabilities and obligations.
Here are the key principles for interpreting taxation statutes:

1. Literal Interpretation:

 Definition: Taxation statutes are often interpreted literally, meaning the words used
in the statute are given their plain, ordinary meaning unless the context suggests
otherwise.
 Application: If the language is clear, courts will apply the statute as it is written, even
if it leads to an outcome that may seem harsh or unintended.
 Example: If a tax statute uses the word "income," it will generally be interpreted
according to its common meaning unless specified otherwise in the law.

2. Intent of the Legislature:

 Definition: When the language is unclear or ambiguous, courts may look into the
intended purpose or policy behind the law to determine its meaning.
 Application: The court seeks to ensure that the interpretation aligns with the
legislative intent, which is usually aimed at creating fairness or achieving a specific
social or economic goal.
 Example: If a tax exemption for certain industries is debated, the court may consider
the broader purpose of promoting those industries or economic development.

3. Beneficial Construction:

 Definition: In cases where the statute is meant to provide benefits or relief, such as
tax exemptions or deductions, courts may interpret the statute in a way that maximizes
the benefit to the taxpayer, as long as it does not conflict with the law’s plain
meaning.
 Application: Tax laws providing social welfare benefits or incentives for specific
sectors may be interpreted in a way that ensures these benefits are fully realized by
the taxpayers.
 Example: A tax deduction for charitable donations may be interpreted broadly to
include a wide range of charitable contributions.

4. Strict Interpretation of Exemptions:

 Definition: Exemption provisions in tax laws, like deductions, exemptions, or

exceptions, are usually interpreted strictly. This means that if a taxpayer cannot
clearly demonstrate that they meet the legal criteria for the exemption, they may not
be granted the relief.
 Application: Courts often apply a narrow construction to tax exemptions to prevent
abuse or unintended benefits.
 Example: A tax exemption for agricultural income will be strictly interpreted to apply
only to genuine agricultural activities and not to related or incidental activities.

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5. Avoidance of Double Taxation:

 Definition: Tax statutes are interpreted to avoid situations where a taxpayer might be
taxed twice on the same income or transaction.
 Application: Courts will often interpret tax laws to ensure that principles like double
taxation avoidance agreements (DTAAs) are respected and to promote fair tax
policies.
 Example: In cases involving international taxation, courts may refer to DTAAs to
avoid double taxation of income earned in multiple jurisdictions.

6. Harmonious Construction:

 Definition: Where there are conflicting provisions in a statute, courts may attempt to
interpret the provisions in a way that harmonizes them and gives effect to both, rather
than declaring one provision void.
 Application: Courts balance conflicting provisions to ensure that the purpose of the
statute is fulfilled without any part being ignored.
 Example: If one section of a tax law exempts a group of taxpayers from a tax and
another section imposes additional tax obligations on the same group, a harmonious
interpretation will try to reconcile the two provisions.

Conclusion:

Interpretation of taxation statutes requires a careful analysis of the wording of the statute, the
purpose behind it, and established legal principles to ensure that the law is applied fairly and
consistently. Courts often balance between strict interpretations and considering the
legislature’s intent, always striving for clarity and fairness in tax matters.

13. Explain the maxim Res Ipsa Loquitor.

Ans. "Res Ipsa Loquitur" is a Latin legal maxim that translates to "The thing speaks for
itself." It is a principle used in tort law to infer negligence from the very nature of an accident
or injury, without needing direct evidence of the defendant's negligence.

Key Features:

1. Application:
o This maxim is often used in cases where the exact cause of an injury is not
known, but the circumstances surrounding the injury are so apparent that they
suggest negligence.
o It allows the court to draw a presumption of negligence based on the facts of
the case alone, particularly when the incident would not normally happen
without someone's negligence.
2. Conditions for Application: For Res Ipsa Loquitur to apply, certain conditions
must be met:
o Control: The defendant must have exclusive control over the instrumentality
or situation that caused the injury.

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 o Unlikely Event: The accident must be of a type that does not usually happen
in the absence of negligence.
o No Contributory Factors from the Plaintiff: The plaintiff must not have
contributed to the cause of the injury.

Example:

A classic example is when a patient is injured during surgery due to a surgical instrument
being left inside their body. The injury speaks for itself: such an event would not occur
without negligence on the part of the medical team.

Legal Impact:

When Res Ipsa Loquitur applies, the burden of proof may shift to the defendant to prove
that they were not negligent. It does not mean the defendant is automatically liable, but it
allows the plaintiff to prove negligence without direct evidence of the defendant's actions.

14. Explain the maxim of natural justice.

Ans. Natural justice refers to a set of legal principles that ensure fairness in decision-making
processes, particularly in administrative and judicial matters. These principles are not written
laws but are considered essential for upholding justice and protecting individuals' rights in
legal proceedings.

Two Key Maxims of Natural Justice:

1. Audi Alteram Partem ("Hear the other side"):

o Meaning: This maxim translates to "Hear the other side," which means that no
one should be condemned or penalized without being given a fair opportunity
to present their case.
o Application: It ensures that a person affected by a decision has the right to be
heard, to know the evidence against them, and to have an opportunity to
respond before any judgment is made. For example, in a disciplinary
proceeding, the accused must be informed of the charges and given a chance
to defend themselves.
2. Nemo Judex in Causa Sua ("No one should be a judge in their own cause"):
o Meaning: This maxim means that a person should not be a judge in their own
case or have any personal interest in the decision being made.
o Application: It requires impartiality in the decision-making process, meaning
the person making the decision must be neutral and unbiased. For instance, a
judge with a personal connection to a case should recuse themselves to avoid a
conflict of interest.

Purpose of Natural Justice:

 The purpose of natural justice is to ensure that decisions are made fairly, impartially,
and without bias. It helps to protect individuals from arbitrary actions by the state or

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 any authority and ensures that legal and administrative processes are just and
equitable.

Example:

In an employment dispute where an employee faces dismissal, the employer must give the
employee an opportunity to present their defense (audi alteram partem) and ensure that the
decision-maker (e.g., the employer or an arbitrator) is impartial and not influenced by any
personal interests (nemo judex in causa sua).

In summary, the principles of natural justice are designed to safeguard fairness and
transparency in legal proceedings, ensuring that justice is not only done but is seen to be
done.

15. Write about the One India One people.

Ans. "One India, One People" is a concept that reflects the unity and integrity of India,
emphasizing the idea that despite the country's vast diversity, its people are united under a
common national identity. It draws attention to the commonalities shared by the people of
India, regardless of their region, language, religion, or culture. This slogan encapsulates the
spirit of nationalism and national integration, advocating for solidarity, harmony, and
mutual respect among all citizens.

Key Elements:

1. Unity in Diversity:
o India is a land of immense diversity, with over 2,000 distinct languages,
various cultures, religions, and customs. Despite this, the idea of "One India,
One People" emphasizes that all citizens, regardless of their differences, are
united by shared values such as democracy, freedom, and secularism.
2. Common National Identity:
o The concept calls for the development of a common national consciousness,
wherein every individual in the country, regardless of their background, feels a
sense of belonging to India as a whole. The shared experiences, challenges,
and progress across the nation foster this sense of unity.
3. Strengthening National Integration:
o "One India, One People" aims to strengthen national integration by
encouraging people from different states, cultures, and backgrounds to come
together and work for the nation’s development and progress. It underscores
that collective progress is the ultimate goal, and the diversity in the country
should be seen as a source of strength rather than division.
4. Focus on Equality:
o The concept highlights the egalitarian principles enshrined in the Indian
Constitution, where all citizens are equal before the law and entitled to the
same rights and opportunities, regardless of their caste, creed, gender, or social
status.

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Examples in Action:

 The Indian Constitution: The Constitution of India upholds the principle of equality
for all its citizens and guarantees fundamental rights that promote unity. Provisions
like Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex,
or place of birth) reinforce the idea of unity amidst diversity.
 National Celebrations: Festivals like Republic Day and Independence Day
promote a sense of national pride and unity, where people from all walks of life come
together to celebrate the achievements of the nation and reflect on its shared journey.

Challenges:

While "One India, One People" represents an ideal, challenges remain in its full realization,
especially with the regional, linguistic, and cultural diversity in the country. Political,
economic, and social inequalities, as well as issues related to religious and communal
tensions, sometimes threaten the fabric of unity. However, the concept continues to inspire
efforts for creating a more cohesive and inclusive India.

Conclusion:

"One India, One People" is an ideal that advocates for national unity despite the country's
vast diversity. It calls for overcoming regional and cultural differences and working together
to build a stronger, more integrated nation where all citizens enjoy equal rights, opportunities,
and respect. The vision encapsulates the essence of Indian democracy and remains a
powerful concept for fostering national harmony and progress.

16. What is the important of law Report?

Ans. Law reports are official publications that contain the judgments of courts, which play a
crucial role in the legal system. They are important for several reasons:

1. Precedent and Case Law:

 Law reports serve as a vital resource for legal precedents, which guide courts in
making decisions in future cases. Courts rely on previous judgments, especially those
from higher courts, to ensure consistency and predictability in the law. These reports
provide a comprehensive record of legal principles that have been established through
judicial decisions.
 Example: If a court faces a similar issue in the future, it can refer to a previously
reported case to understand how the matter was decided, ensuring that the principle of
stare decisis (stand by what has been decided) is followed.

2. Legal Research and Study:

 Law reports are indispensable for legal research. Lawyers, judges, and law students
use them to study past rulings, understand legal reasoning, and build arguments. The
reports include detailed summaries of the facts, legal issues, judgments, and reasoning
of the judges, making them an essential part of legal education and practice.

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  Example: A lawyer may use law reports to find cases that support their argument in a
current case.

3. Transparency and Accountability:

 Law reports promote transparency in the legal system. By publishing judgments, the
public can access the reasoning behind judicial decisions, fostering trust in the legal
system. It ensures that decisions are made based on principles of justice and are open
to public scrutiny.
 Example: A published judgment allows citizens to see how their legal rights are
protected and how the courts apply the law.

4. Establishing Legal Principles:

 Published law reports help in shaping and developing legal principles over time. As
courts interpret statutes and common law, they set benchmarks that contribute to the
evolution of the law. These reports document how laws are applied and sometimes
lead to the reform or amendment of outdated legal provisions.
 Example: If a court finds a law to be unconstitutional, its decision will be reported,
and this may lead to legislative changes or shifts in legal understanding.

5. Providing Access to Legal History:

 Law reports serve as a historical record of judicial decisions, offering insights into
the development of the legal system. They reflect how the courts have interpreted
laws, handled legal issues, and responded to societal changes over time.
 Example: Historical law reports can provide context to the evolution of rights, such
as property rights or civil liberties, helping to understand how legal norms have
changed in response to societal shifts.

6. Binding Authority and Persuasive Value:

 Higher court judgments, as reported in law reports, can be binding on lower courts
within the same jurisdiction. In addition, law reports from other jurisdictions can hold
persuasive value and be cited to support arguments, especially in comparative law
contexts.
 Example: A judgment from a Supreme Court can be cited as binding authority in
lower courts, while decisions from other countries may influence decisions in similar
legal issues.

Conclusion:

The importance of law reports lies in their ability to preserve and communicate judicial
decisions, providing a foundation for legal practice, consistency, and the evolution of the law.
They are indispensable tools for lawyers, judges, law students, and legal researchers, offering
clarity, transparency, and an understanding of legal principles.

15
 17. Distinguish between discharge and acquittal.

Ans. Here’s the distinction between Discharge and Acquittal in a tabular format:

Aspect Discharge Acquittal

Acquittal refers to a formal
Discharge refers to a decision where the
judgment where the accused is
accused is released from the charges
Meaning found not guilty after the case has
before the case goes to trial or after the
been heard in court and a verdict is
prosecution has failed to prove its case.
delivered.
Discharge occurs at the pre-trial or early Acquittal happens at the conclusion
Stage of stages of the criminal proceedings, often of the trial, either due to lack of
Proceedings after charges have been framed but evidence or the defendant's
before the trial has concluded. innocence being proven.
The accused is released, but the case The accused is conclusively found
Effect on may still be reopened or charges could not guilty and cannot be tried again
Charges be filed again later under certain for the same offense (due to the
circumstances. principle of double jeopardy).
In the case of discharge, the court In acquittal, the court determines
Burden of decides that the prosecution has failed to that the prosecution has failed to
Proof present sufficient evidence to warrant a prove the guilt of the accused
trial. beyond a reasonable doubt.
A discharge does not mean the accused
Legal An acquittal legally establishes the
is innocent; it just means the case
Implications innocence of the accused.
against them is insufficient to proceed.
If the court believes there’s insufficient After a full trial, if the evidence
Examples evidence to continue with the trial, the does not support the charges, the
accused may be discharged. accused may be acquitted.
An acquittal means no retrial can
A discharge can be followed by a retrial
Re-trial occur for the same offense due to
if new evidence comes up.
the principle of double jeopardy.

In summary, discharge is a decision made at an earlier stage of the criminal process where
charges are dropped due to insufficient evidence, while acquittal is a verdict of not guilty
after the completion of the trial based on the failure of the prosecution to prove the accused’s
guilt.

18. Write a short essay on “Importance of Legal Education.”

Ans.
19. Write guideline issued in Visakha case.

Ans. The Vishakha v. State of Rajasthan (1997) case is a landmark judgment by the
Supreme Court of India that laid down guidelines to address the issue of sexual harassment at
the workplace, as there were no specific laws to address such cases at the time. The case
arose when a social worker, Vishakha, filed a petition after a woman was sexually assaulted

16
at her workplace. The Supreme Court, in this case, recognized sexual harassment as a
violation of fundamental rights and the dignity of women under Article 14 (Right to
Equality), Article 19 (Right to Freedom), and Article 21 (Right to Life and Personal Liberty)
of the Indian Constitution.

Guidelines Issued by the Supreme Court in the Vishakha Case:

The Court issued the following guidelines for preventing sexual harassment at the workplace:

1. Definition of Sexual Harassment:

o Sexual harassment includes, but is not limited to:
 Physical contact and advances.
 A demand or request for sexual favors.
 Sexually colored remarks.
 Showing pornography.
 Any other unwelcome physical, verbal, or non-verbal conduct of a
sexual nature.
2. Employer's Responsibility:
o Employers are required to take steps to prevent sexual harassment and
ensure a safe working environment for all employees, particularly women.
o An internal complaints mechanism must be set up in every workplace to
address complaints of sexual harassment.
o The employer must provide a grievance redressal system, where
complaints can be lodged in a confidential manner.
3. Constitution of Complaints Committee:
o Employers must constitute a Complaints Committee to investigate
complaints of sexual harassment. The committee must consist of:
 At least one woman member.
 A third-party member, such as someone from a non-governmental
organization (NGO) or a person with experience in women’s issues.
 The chairperson of the committee should be a woman, and the
members should be from diverse backgrounds.
4. Confidentiality of Complaints:
o The complaint and the details of the inquiry must be kept confidential, with
the identity of the complainant being protected to avoid retaliation or
victimization.
5. Time-Bound Action:
o Complaints of sexual harassment must be dealt with promptly and within a
reasonable period.
o A time frame of 90 days should be set for the committee to complete its
inquiry and submit its report.
6. Protection Against Retaliation:
o The complainant should be protected from victimization or retaliation by the
accused or others in the workplace. Employers must ensure that no adverse
action is taken against the complainant.
7. Awareness and Training:
o Employers must organize training and workshops to raise awareness among
employees about what constitutes sexual harassment and the mechanisms
available to prevent and address it.
8. Action Against Perpetrators:

17
 oIf the complaints are found to be valid, appropriate action should be taken
against the perpetrator, which could include disciplinary actions, such as
suspension or termination, depending on the severity of the offense.
9. Reparations for Victims:
o The employer must provide necessary support to the complainant, including
access to counseling or temporary relocation to another workplace if
necessary.

Significance:

 The Vishakha guidelines were a pioneering effort to protect women from sexual
harassment at the workplace and were later incorporated into the Sexual Harassment
of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also
known as the POSH Act. The guidelines laid down a framework for ensuring that
women could work in a safe and respectful environment.

The Vishakha case and the guidelines set a precedent for legal protection against sexual
harassment and highlighted the need for accountability and responsibility on the part of
employers in safeguarding women in the workplace.

20. Explain the following citation: Ajay Hasia vs Khalid Mujib, AIR 1981 SC 487.

Ans. The case Ajay Hasia vs Khalid Mujib, AIR 1981 SC 487, is a significant judgment
delivered by the Supreme Court of India, which dealt with the issue of whether an
educational institution can be classified as a "State" under Article 12 of the
Constitution of India, and thus be subject to the fundamental rights guaranteed under Part
III of the Constitution.

Facts of the Case:

The case arose from a dispute between Ajay Hasia, a student, and Khalid Mujib, the person
in charge of an educational institution. Ajay Hasia sought admission to a government-aided
engineering college but was denied entry. The institution in question was a private entity but
received substantial aid from the government. The dispute revolved around whether such a
college, despite being privately managed, could be treated as a public body (i.e., the "State")
subject to constitutional rights under Article 14 (Right to Equality) and Article 21 (Right to
Life and Personal Liberty).

Key Legal Issues:

 Whether an educational institution, even if privately managed, could be considered a

"State" under Article 12 of the Constitution, and hence bound by the fundamental
rights.
 Whether government aid to an institution makes it liable to constitutional scrutiny
under the fundamental rights.

18
Judgment and Legal Principles:

The Supreme Court, in its judgment, laid down important principles for determining when a
private institution can be treated as a "State" under Article 12. The Court emphasized that
the mere fact of receiving government aid is not sufficient to make a body a "State."
However, certain conditions may lead to the institution being treated as a "State" even if it is
privately run.

1. Test for 'State' under Article 12:

o The Court held that an institution can be considered a "State" if it is financed,
controlled, or has a major involvement of the government in its decision-
making or functioning.
o The Court laid down that the primary test to determine if a body is "State"
under Article 12 is whether it performs functions that are essentially public in
nature, and whether the institution has been substantially funded by the
government or has significant government control.
2. Government Control:
o The Court also mentioned that if the government exercises control over the
appointment of members of the board, or if the institution’s management is
under the influence or authority of the government, it may be considered a
"State" under Article 12.
3. Criteria for Public Function:
o If the institution performs a public function, such as education, which is
considered a public good, it could be subjected to constitutional scrutiny. The
Court found that the educational institution, though private in nature, had
strong links with the government and was responsible for functions that had a
public character, thus qualifying for constitutional protection.

Significance of the Case:

 Extension of the Definition of 'State': This case extended the scope of the definition
of "State" under Article 12 by recognizing that even private entities or bodies
performing public functions, especially with government involvement, can be treated
as the "State" and be subjected to constitutional limitations, such as equality before
the law and protection of fundamental rights.
 Government Aid: It clarified that receiving government aid or funds alone does not
automatically make an institution a "State" under the Constitution, but substantial
government control or influence over its functioning and management is a critical
factor.
 Impact on Educational Institutions: The judgment has a major influence on
educational institutions that receive state funding. It makes such institutions
accountable for respecting the constitutional rights of individuals, such as the right to
equality and the right to access education.

Conclusion:

The Ajay Hasia vs Khalid Mujib case is significant because it expanded the scope of the
term "State" under Article 12 of the Constitution. The Court established that a private body
or institution can be considered a "State" if it performs public functions, especially if it is
financially supported or controlled by the government. The case played a crucial role in

19
ensuring that even semi-governmental or quasi-governmental institutions are bound by
constitutional principles, particularly with regard to protecting fundamental rights.

Answer in Brief
1. Write an Essay on law and Literature or Right to Privacy.
2. Briefly outline the facts, issues and guidelines given by the Supreme Court; D.K. basu
v/s State of West Bengal OR Vishakha v/s State of Rajashtan.

Ans. Here’s a brief outline of the facts, issues, and guidelines given by the Supreme Court in
both D.K. Basu v. State of West Bengal and Vishakha v. State of Rajasthan:

1. D.K. Basu v. State of West Bengal (1997)

Facts:

 The case was filed by D.K. Basu, a human rights activist, who sought the intervention
of the Supreme Court after reports of custodial torture and death in police custody
emerged. The petition highlighted the violation of human rights during police
custody, particularly focusing on the lack of protection against torture, illegal
detention, and abuse.
 The case came about after the petitioner’s brother died in police custody due to
alleged police torture. Basu filed the case seeking guidelines to protect individuals
from custodial violence and abuse.

Issues:

 Whether the police can arbitrarily arrest and detain individuals without following the
prescribed legal procedures.
 Whether the Right to Life and Personal Liberty under Article 21 of the Constitution
is violated when a person is subjected to custodial torture or death.
 The need for safeguards and guidelines to prevent police brutality and custodial
torture.

Guidelines Given by the Supreme Court:

The Supreme Court issued the following landmark guidelines to prevent custodial torture and
safeguard individuals' rights:

1. Written Notice of Arrest: Every person who is arrested must be informed of the
reasons for their arrest in writing.
2. Right to Inform: The arrested person must be informed of their right to consult a
legal practitioner and to inform a relative about the arrest.
3. Medical Examination: The arrested person must be medically examined by a doctor
within 48 hours of arrest, and the report must be kept in the police records.
4. Custody Records: A memo of arrest must be prepared, which should be signed by
the person making the arrest and a family member or a witness.

20
 5. Time Limit on Police Custody: The arrested individual must not be kept in police
custody beyond 24 hours unless authorized by a magistrate.
6. Training for Police Officers: The Court also directed that the police should undergo
training to respect human rights and prevent custodial violence.

These guidelines aimed to ensure that custodial torture was prevented and the constitutional
rights of individuals were protected.

2. Vishakha v. State of Rajasthan (1997)

Facts:

 The case arose from an incident where a woman, working in a government office, was
subjected to sexual harassment by her superior. The petitioner, Vishakha, an NGO,
filed the petition seeking action against sexual harassment at the workplace. At the
time, there were no specific laws or guidelines for addressing sexual harassment at the
workplace in India.
 The petitioner sought the court's intervention in formulating laws or guidelines to
prevent and address sexual harassment at the workplace.

Issues:

 Whether sexual harassment at the workplace violates the fundamental rights of

women under Articles 14, 19, and 21 of the Constitution.
 The lack of a legal framework to prevent sexual harassment in workplaces.
 Whether the Constitutional provisions ensure a safe and dignified environment for
women in the workplace.

Guidelines Given by the Supreme Court:

The Supreme Court, recognizing the need to address sexual harassment at the workplace,
issued the following guidelines:

1. Definition of Sexual Harassment: The Court defined sexual harassment to include

physical contact and advances, requests for sexual favors, sexually colored remarks,
and any unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
2. Employer’s Responsibility: Employers must take steps to ensure that their workplace
is free of sexual harassment and provide a grievance redressal mechanism for
employees to lodge complaints.
3. Internal Complaints Committee: Every employer must establish an Internal
Complaints Committee (ICC) to look into complaints of sexual harassment. The
committee must include at least one woman member and should provide an
environment free from retaliation.
4. Confidentiality: The employer must ensure the confidentiality of complaints, and the
identity of the complainant should be protected to avoid victimization.

21
 5. Time-Bound Inquiry: Complaints must be resolved within a time frame of 90 days,
and the employer must provide support to the victim, including temporary relocation
or counseling.
6. Action Against Perpetrators: Appropriate actions must be taken against those found
guilty of sexual harassment, including disciplinary action such as suspension or
termination.

These guidelines were a precursor to the Sexual Harassment of Women at Workplace

(Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), which incorporated many
of the recommendations made by the Supreme Court in this case.

Conclusion:

Both cases were landmark decisions that brought attention to critical issues of human rights
and gender equality in India. D.K. Basu v. State of West Bengal emphasized the protection
of individuals' rights against police brutality, while Vishakha v. State of Rajasthan set the
foundation for addressing sexual harassment at workplaces, ensuring that women's dignity
and safety were safeguarded under the Constitution.

3. Define a Law Report. Write briefly on any two.

Ans. Definition of a Law Report:

A Law Report is a publication that compiles judgments or decisions delivered by courts.

These reports provide detailed accounts of legal cases, including facts, issues, legal
arguments, decisions, and reasoning. Law reports are crucial for legal professionals as they
serve as precedents for future cases, aiding in legal research, understanding the application of
law, and shaping legal practices.

Brief Description of Two Law Reports:

1. All India Reporter (AIR):

 Overview: The All India Reporter (AIR) is one of the most well-known and widely
used law reports in India. It is a comprehensive collection of judicial decisions
delivered by the Supreme Court of India, High Courts, and other appellate courts.
 Features: AIR reports judgments in a concise format, often summarizing the facts of
the case, the issues, the reasoning, and the final judgment. It is published annually
and is recognized for its reliability and wide coverage.
 Significance: AIR is considered an essential reference for legal practitioners and
scholars due to its authoritative and up-to-date coverage of landmark judgments in
various areas of law.

22
2. Supreme Court Cases (SCC):

 Overview: Supreme Court Cases (SCC) is another important law report series that
specializes in publishing judgments from the Supreme Court of India. SCC is a trusted
resource for the latest and most significant decisions from the apex court.
 Features: This publication provides full-text judgments, along with headnotes
(summary of the legal issues) and an extensive index for easy access to judgments. It
also includes detailed legal analysis, making it a comprehensive resource for legal
professionals.
 Significance: SCC is widely used by judges, advocates, and researchers for its
thoroughness and relevance, particularly when dealing with matters of
constitutional law, human rights, and statutory interpretation.

Both AIR and SCC are invaluable tools for legal research and practice, offering a structured
compilation of judicial decisions that help guide the application of law in India.

4. A law was passed by the central Government called the Prevention of growing
narcotic or Psychotropic plants Act 2023. The Act does not define the term plant.
a. Explain what type of Aids can be used to ascertain the meaning of plant.
b. The Act is a penal legislation. What rules of interpretation would generally be used to
interpret statutes of such nature.

Ans. a. Aids to Ascertain the Meaning of "Plant" in the Prevention of Growing Narcotic
or Psychotropic Plants Act, 2023:

When a statute, such as the Prevention of Growing Narcotic or Psychotropic Plants Act,
2023, does not define a term like "plant," external aids to interpretation can be used to
ascertain its meaning. These include:

1. Dictionary Meaning:
o A common and primary external aid is referring to dictionaries to get the
ordinary or literal meaning of the word "plant." The general meaning of
"plant" typically refers to a living organism that grows in the ground,
including trees, shrubs, herbs, and other vegetation. This can provide a basic
understanding of the term.
2. Statutory Interpretation:
o The meaning of "plant" could be interpreted by considering how the term is
used in other related statutes or legal contexts. For example, in
environmental laws or agriculture-related legislation, the term "plant"
might have a specific definition or interpretation that could be applicable here.
3. Previous Judicial Decisions (Case Law):
o Judicial precedents or case law where the term "plant" has been interpreted in
the context of similar legislations or issues related to narcotics, psychotropic
substances, or environmental regulations could provide clarity on how courts
have interpreted the term.
4. Purpose and Context of the Act:

23
 o The purpose of the Act can also be a guide. The Act addresses the issue of
narcotic and psychotropic plants, so the term "plant" may be interpreted in
light of that objective, likely encompassing those plants which are harmful,
addictive, or regulated due to their psychoactive properties.
5. Legislative History:
o Looking at the legislative history of the Act, including the debates in
Parliament or the pre-legislative consultative processes, can provide insights
into the intended scope of the term "plant." This could help identify whether it
was meant to include only narcotic plants, all plants, or specific categories of
plants.

b. Rules of Interpretation for Penal Legislation:

Penal statutes, such as the Prevention of Growing Narcotic or Psychotropic Plants Act,
2023, impose penalties and are generally construed strictly. The rules of interpretation that
are typically applied to such statutes include:

1. Strict Construction:
o Penal statutes are construed strictly. The principle is that no person can be
convicted of an offense unless the act or omission clearly falls within the
terms of the law. Ambiguities in a penal statute are generally interpreted in
favor of the accused.
2. Literal or Grammatical Interpretation:
o A literal interpretation is often applied to penal statutes. This means that the
words of the statute are given their plain, ordinary, and natural meaning. If the
term "plant" is undefined, it would typically be interpreted in its ordinary
sense, unless the context indicates otherwise.
3. Noscitur a Sociis:
o This rule suggests that a word should be interpreted in the context of the words
surrounding it. For example, if the statute lists specific plants or substances
related to narcotics or psychotropics, the term "plant" could be interpreted in
relation to those substances.
4. In Dubio Pro Reo (Benefit of the Doubt):
o In cases of doubt or ambiguity in the interpretation of penal statutes, the rule
of "benefit of the doubt" applies, which means the interpretation should
favor the accused. If there is any doubt about whether a certain plant is
covered under the Act, the interpretation should lean towards not imposing a
penalty unless clearly defined.
5. Rule of Lenity:
o In cases where a penal statute is ambiguous, the Rule of Lenity suggests that
the law should be interpreted in the manner most favorable to the defendant.
This rule aims to avoid broad or overly harsh interpretations that could result
in unjust penal consequences.
6. Harmonious Construction:
o If there are conflicts between provisions within the Act or with other laws, a
harmonious construction approach is used. This means interpreting the
statute in a way that avoids contradictions and aligns with its underlying
objective, such as the prevention of narcotic or psychotropic plants.

24
 7. Intention of the Legislature:
o While interpreting penal statutes, legislative intent is a key consideration.
Courts often try to ascertain the intention of the legislature in enacting the law,
especially if there is ambiguity. If the law aims to address the cultivation of
narcotic or psychotropic plants, the interpretation of "plant" should be aligned
with this purpose.

Conclusion:

To interpret the meaning of "plant" in the Prevention of Growing Narcotic or Psychotropic

Plants Act, 2023, aids such as dictionary definitions, legislative history, judicial precedents,
and the context of the statute should be used. In interpreting penal statutes, strict construction,
literal interpretation, and the benefit of the doubt in favor of the accused are crucial rules,
ensuring that the law is applied justly and does not extend beyond its clear mandate.

2. Section 11 of the Family Court Act 1984 read as under.

“In every suit or proceeding to which this act applies, the proceedings may be held in camera,
if the family court so desire and shall be so held if either party so desires.”
a) Identify the mandatory and directory portion of the above provisions.
b) Explain the differences between mandatory and directory provisions.

Ans. Mandatory and Directory Portion of Section 11 of the Family Court Act, 1984:

The provision under Section 11 of the Family Court Act, 1984 is:

"In every suit or proceeding to which this Act applies, the proceedings may be held in
camera, if the family court so desires and shall be so held if either party so desires."

Mandatory Portion:

 "Shall be so held if either party so desires": This is the mandatory portion of the
provision. The word "shall" is a strong directive, indicating that the court must hold
the proceedings in camera if either of the parties involved requests it.

Directory Portion:

 "The proceedings may be held in camera, if the family court so desires": This part is
directory because the word "may" suggests that the family court has the discretion
to decide whether or not the proceedings should be held in camera. It is not an
obligation but an option that the court can exercise.

b) Differences Between Mandatory and Directory Provisions:

The distinction between mandatory and directory provisions in law is based on the
consequences of non-compliance and the language used in the statute.

25
 Aspect Mandatory Provisions Directory Provisions

Typically uses words like "shall", Uses words like "may", "should", or
Language Used
"must", or "without fail". "may choose".

Non-compliance with mandatory Non-compliance does not invalidate

Effect of Non-
provisions renders the action void or the action, and the court may still
Compliance
invalid unless waived or rectified. proceed with discretion.

Intended to provide flexibility,

Designed to impose an obligation
Purpose allowing for discretion or flexibility
and ensure strict compliance.
in the process.

Must be strictly followed unless

Courts may follow the provision,
Enforcement there is an express provision to the
but it’s not obligatory.
contrary.

A statute stating that a document A statute stating that a report may

Example must be signed by the authority is a be submitted within a specific time
mandatory provision. frame is a directory provision.

Explanation:

 Mandatory Provisions: These are those provisions that require strict compliance.
The word "shall" indicates that the provision is obligatory. For instance, if the law
says that something must be done, it is mandatory, and non-compliance may result in
nullification or other penalties. In the context of Section 11, the provision that the
proceedings "shall be held in camera if either party so desires" is mandatory because
if a party requests it, the court must comply with that request.
 Directory Provisions: These provisions offer flexibility and discretion. The use of
the word "may" suggests that the action is optional, not obligatory. While the
provision provides guidance, the court or authority has the discretion to decide
whether to follow it. In Section 11, the portion that allows the family court to decide
whether to hold proceedings in camera is a directory provision, as it is up to the
court’s discretion.

In conclusion, mandatory provisions impose a legal duty with consequences for non-
compliance, while directory provisions provide a recommendation or discretionary
guidance without the same level of enforcement.

4. Discuss the different parts of a statute and their function in interpretation.

Ans. Parts of a Statute and Their Functions in Interpretation:

A statute is a written law passed by a legislative body and is typically divided into different
parts that serve various purposes in both the enactment and the interpretation of the law. The
key parts of a statute include:

26
1. Title of the Statute:

Function in Interpretation:

 The title of the statute provides a general indication of its subject matter and
purpose.
 While it may not always be conclusive in determining the statute’s scope, it offers
context to help interpret the provisions of the statute.
 For example, a title like "Prevention of Corruption Act" indicates the legislative intent
to combat corruption, aiding in the interpretation of provisions related to bribery or
misconduct.

2. Preamble:

Function in Interpretation:

 The preamble serves as the preliminary statement of the statute and usually
outlines the purpose and objectives of the legislation.
 It can be used to understand the legislative intent and interpret the statute in a way
that fulfills its objectives.
 The preamble helps courts in interpreting ambiguous provisions by providing insights
into the legislators’ intention when drafting the law.

Example: In the Constitution of India, the preamble helps interpret the fundamental nature
of India as a sovereign, socialist, secular, democratic republic.

3. Section or Clause:

Function in Interpretation:

 The section is the fundamental unit of a statute. It contains the substantive rules or
legal provisions.
 Each section typically addresses a specific aspect of the law. Sections may be further
divided into subsections, clauses, and sub-clauses.
 Interpretation focuses on the literal meaning of the words in the section, but if the
language is ambiguous, other interpretative aids are used.
 The headnote (the title or heading of each section) may give a hint regarding its
subject, but the actual text must be carefully analyzed.

4. Definitions:
27
Function in Interpretation:

 Definition sections (typically found near the beginning of a statute) provide clear
meanings for certain terms used throughout the statute.
 These definitions are critical for understanding the precise scope and application of
specific terms.
 Examples: A definition section might define terms like "family," "vehicle," or "public
authority," which can have specific meanings within the statute.

Example: In the Indian Penal Code (IPC), various terms such as "property," "offense," and
"injury" are defined to give clear meaning to the provisions in which they appear.

5. Proviso:

Function in Interpretation:

 A proviso is a conditional clause inserted into a section to limit or qualify the

general rule or provision contained in the main part of the statute.
 It restricts or excludes specific situations or conditions that would otherwise fall
under the general rule.
 A proviso is interpreted to restrict the operation of the section only to the
circumstances it specifically addresses.

Example: A provision like "A person shall not drive a vehicle unless they have a valid
license, provided that the person has a learner’s permit," places a condition on the general
rule about driving.

6. Explanation:

Function in Interpretation:

 An explanation is a clarifying statement that elaborates on the meaning of certain

words, terms, or phrases in the statute. It ensures the provision is understood in its
intended context.
 Explanations are often used to remove ambiguity, clarify the scope of the law, and
broaden or narrow the application of a provision.
 Explanations typically expand the definition of a provision or clarify its meaning.

Example: The Indian Evidence Act provides an explanation for the term "document" to
include electronic records, which broadens its scope in modern contexts.

7. Schedules:

28
Function in Interpretation:

 Schedules are annexed to the statute and typically list detailed information that
supports the main provisions. These may include classifications, lists, and forms.
 Schedules often provide specific details or administrative instructions that are not
included in the main body of the statute but are necessary for its implementation.
 They help in applying the statute practically by listing subjects, territories, or
categories relevant to the law.

Example: In the Indian Contract Act, the Schedules list various types of contracts and
provide forms and templates for contracts used in specific areas.

8. Enacting Clause:

Function in Interpretation:

 The enacting clause is typically a short statement at the beginning of the statute that
signifies the authority by which the statute is being enacted.
 It often contains the words: "Be it enacted by Parliament in the Xth year of the
Republic of India..."
 Though the enacting clause does not provide substantive rules, it indicates the
source of the law and can help in determining its validity.

9. Amendments:

Function in Interpretation:

 Statutes may be amended from time to time, and these amendments can affect how
certain provisions are interpreted.
 Courts must consider amendments to understand changes in the law over time and
interpret the statute according to the latest legislative intent.
 Amendments may either broaden, limit, or clarify provisions, and they must be
applied retrospectively or prospectively based on the legislative direction.

10. Interpretation Clauses:

Function in Interpretation:

 Interpretation clauses provide specific rules for how particular terms used in the
statute should be understood.

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  These clauses ensure consistent interpretation of terms throughout the statute,
reducing ambiguity and confusion.
 They define common words or phrases used across various sections of the statute.

Example: The Interpretation Act provides rules for interpreting terms like "person,"
"property," "documents," and other terms used in different contexts.

Conclusion:

Each part of a statute serves a specific function in the interpretation process:

 The title and preamble set the context and legislative intent.
 Sections and definitions provide the substantive legal rules and clarify key terms.
 Provisos and explanations refine or expand the scope of provisions.
 Schedules offer detailed lists and operational guidance.
 Amendments and interpretation clauses help adapt and clarify the law as it evolves.

Understanding these parts and their functions allows legal professionals to interpret and
apply statutes effectively, ensuring that the legislative intent is upheld and justice is served.

5. Explain with illustrations the Primary rules of Interpretation.

Ans. Primary Rules of Interpretation:

The primary rules of interpretation are foundational principles used by courts to interpret
statutes, and they guide how legal texts should be understood. These rules help clarify the
meaning of words, resolve ambiguities, and ensure that the intent of the legislature is carried
out. The primary rules of interpretation are as follows:

1. Literal Rule (Plain Meaning Rule):

Explanation:

 According to the literal rule, a statute should be interpreted using the ordinary,
plain meaning of the words used. The court must apply the statute as written,
without considering the legislative intent or the consequences of the interpretation.
 The primary focus is on the words in the statute, and if the meaning is clear and
unambiguous, it must be followed even if it leads to an unjust or undesirable result.

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Illustration:

 Example 1: The Indian Penal Code (IPC) Section 302 states that "Whoever
commits murder shall be punished with death or imprisonment for life."
o A person convicted of murder is sentenced to death or life imprisonment
based on this clear provision. If the statute’s wording is unambiguous, the
court will apply it directly without considering external factors.
 Example 2: If a statute says "All persons over the age of 18 years are eligible to
vote," a person who is 18 years old but is born on January 1 (the election date) will
still be eligible to vote under the literal rule, despite any technical issues related to
exact birthdate.

2. Golden Rule:

Explanation:

 The golden rule is a modification of the literal rule. If applying the literal
interpretation of the statute leads to an absurd or unjust result, then the court may
depart from the literal meaning and modify the interpretation to avoid the
absurdity.
 The golden rule permits the court to alter the meaning of words slightly to ensure
that the intended purpose of the statute is achieved without creating an illogical or
unreasonable outcome.

Illustration:

 Example 1: In R v. Sigsworth (1935), a man murdered his mother to inherit her

estate. The will stated that "The estate should go to the next of kin." Applying the
literal rule would allow him to inherit, but the court applied the golden rule and held
that the murderer should not benefit from his crime. The court interpreted the
provision in such a way as to prevent the absurd result.
 Example 2: If a law allows only people "with money" to buy a specific item,
applying the literal rule could include someone who has no money but has access to
borrowed funds. To avoid an absurd result, the court may interpret "with money" to
mean a person who has their own financial resources.

3. Mischief Rule (Heydon's Case Rule):

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Explanation:

 The mischief rule looks at the mischief or problem the statute was designed to
address. The purpose is to determine the intent of the legislature and correct the
mischief or gap that the law aims to remedy.
 Under this rule, courts look at what the law intended to change, as well as the state
of the law before the statute was enacted. This rule ensures that the statute is
interpreted in a way that addresses the evil or problem it sought to solve.

Illustration:

 Example 1: In the case of Smith v. Hughes (1960), the Street Offences Act made it
an offense for a woman to solicit for prostitution on the street. Some women solicited
from balconies or windows, technically not on the street. The court applied the
mischief rule and ruled that the statute was intended to prevent prostitution-related
solicitation, and thus these women could be prosecuted under the Act.
 Example 2: The Consumer Protection Act, 1986 was enacted to protect consumers
from defective products and unfair trade practices. The mischief rule helps interpret
the Act’s provisions to ensure that consumers can seek redress against manufacturers
or sellers who engage in fraudulent or deceptive practices.

4. Purposive Rule (Purpose-based Interpretation):

Explanation:

 The purposive rule focuses on the purpose or objective behind the statute. Courts
use this rule to interpret statutes in a way that advances the intended purpose of
the law, even if it requires a broader or more flexible interpretation.
 This rule emphasizes legislative intent and the social context of the law to ensure
that the statute fulfills its intended goal.

Illustration:

 Example 1: In the case of The State of West Bengal v. Union of India (1962), the
Supreme Court used the purposive approach to interpret provisions related to
taxation, ensuring that the interpretation aligned with the objective of fair revenue
distribution between the center and states.
 Example 2: A statute providing for anti-discrimination in workplaces may be
interpreted using the purposive rule to ensure equality for marginalized groups,
even if the statute does not explicitly list all potential discriminatory actions. The
court would interpret it in a way that prevents discrimination, in line with the
legislative intent.

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5. Ejusdem Generis (Of the Same Kind):

Explanation:

 Ejusdem Generis is a Latin term meaning "of the same kind or nature." When a
statute lists specific terms followed by a general term, the general term is
interpreted to include only things of the same kind or nature as the specific terms.
 The rule helps ensure that the general term is not interpreted too broadly.

Illustration:

 Example 1: In a statute that lists "dogs, cats, and other animals" under a provision,
the term "other animals" will be interpreted to mean domestic animals or pets, and
not something entirely different, like wild animals.
 Example 2: A law that refers to "automobiles, trucks, motorcycles, and other
vehicles" will likely be interpreted to include only motorized vehicles (excluding
non-motorized vehicles such as bicycles or horse-drawn carriages).

6. Noscitur a Sociis (A Word is Known by the Company It Keeps):

Explanation:

 The noscitur a sociis rule states that the meaning of a word can be determined by
the words that surround it. The meaning of a term or phrase can be influenced by
the context and the other words it is used with.
 This rule is applied when a word in a statute is ambiguous, and it must be
understood by considering the words used with it.

Illustration:

 Example 1: In the case of S. G. Chemicals & Dyes v. State of Bombay (1957), the
Supreme Court applied the noscitur a sociis rule to interpret a tax provision that
referred to “goods and merchandise” and clarified that it applied only to commercial
goods and not to personal property.
 Example 2: A statute referring to "vehicles such as cars, buses, and bicycles"
suggests that the word "vehicles" in this context refers to motorized vehicles,
excluding non-motorized vehicles like bicycles.

Conclusion:

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The primary rules of interpretation serve as a guide for courts to understand the meaning of a
statute and to ensure that the law is applied in a way that is consistent with legislative intent.
These rules help courts navigate through the ambiguities and complexities of language,
ensuring that the statute serves its purpose and meets its goals in addressing legal issues. By
applying these rules, courts can offer a fair and just interpretation of the law in different
contexts.

6. Briefly explain the objective and scheme of the General Clauses Act 1987. When can
the provisions of this Act be used and cannot be used while interpreting Indian
Statutes?

Ans. Objective and Scheme of the General Clauses Act, 1897:

The General Clauses Act, 1897 is an important statutory tool used for interpreting Indian
statutes. It contains a set of general definitions and rules of interpretation, which help in
understanding and applying the provisions of various laws in India. The Act is not a
standalone piece of legislation but provides a framework for interpreting laws passed by the
Indian Parliament and State Legislatures.

Objective:

The main objectives of the General Clauses Act, 1897 are:

1. Uniformity and Consistency: To ensure consistency in the language and

interpretation of statutory provisions across all laws.
2. Clarification of Ambiguous Terms: To define common terms and phrases used in
legislation, providing clarity and reducing ambiguity.
3. Preservation of Legislative Intent: To uphold the legislative intent in the application
and interpretation of laws.

The Act serves as a supplementary legislation to other statutes, providing definitions, rules,
and principles that help interpret laws more effectively.

Scheme of the General Clauses Act:

The General Clauses Act consists of several sections, with the following key features:

1. Definitions:
o The Act defines terms commonly used in Indian statutes, such as "person,"
"government," "property," and "document."
o It also provides rules on how to interpret certain terms when they appear in
legislation, ensuring clarity.
2. Rules of Construction:
o The Act lays down rules on how to interpret various parts of statutes. For
instance, it provides guidelines on:
 Gender: The use of gender in the statute (e.g., "he" includes "she").

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  Singular and Plural: The rule that singular terms include the plural
form and vice versa.
 Time: How to calculate time limits specified in a statute.
3. Extension of Time:
o The Act deals with the extension of time for the performance of certain
duties or actions, such as filing documents or giving notices.
4. Re-enactment:
o It covers the re-enactment of laws and how they should be interpreted if they
are repeated or modified in future legislation.
5. Commencement of Laws:
o It includes provisions on how to determine when a law comes into force and
how different types of statutes apply once they are enacted.

When Can the Provisions of the General Clauses Act Be Used?

The provisions of the General Clauses Act can be applied when interpreting any Act of
Parliament or State Legislature unless a statute explicitly excludes its application.

Instances when the General Clauses Act can be used:

1. Interpretation of terms: The Act helps in interpreting common words or terms used
across various statutes, especially when those terms are undefined.
o For example, in the Indian Penal Code (IPC), the term "person" is interpreted
to include individuals and legal entities.
2. Commencement of statutes: If there is no specific date provided in an Act for its
commencement, the provisions of the General Clauses Act can be used to determine
when the Act comes into effect.
3. Calculating periods: When an Act mentions time periods for compliance, the
General Clauses Act can provide rules for calculating those periods (e.g., how to
count days, months, or years).
4. Consistency in interpretation: If there is ambiguity in applying a term across
different statutes, the definitions provided in the General Clauses Act help provide
consistency in their interpretation.

When Can the Provisions of the General Clauses Act NOT Be Used?

While the General Clauses Act is generally applicable for interpreting Indian statutes, there
are certain instances when its provisions cannot be used:

1. When the statute has an explicit provision overriding the General Clauses Act:
o If a specific law or statute has its own interpretation clauses or rules that are
inconsistent with the General Clauses Act, the provisions of the specific
statute will prevail.
o For example, if a particular statute provides its own definition for a term,
then that definition will override the one given in the General Clauses Act.
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 2. **When the statute is a special statute:
o The provisions of the General Clauses Act may not apply when the statute is a
special or specific statute, dealing with a unique subject matter. In such
cases, the interpretation must be in line with the specialized nature of the
statute, which may not be aligned with the general definitions under the
General Clauses Act.
3. When the statute provides for a different method of interpretation:
o Some statutes may include detailed rules for interpretation, such as fiscal
laws (e.g., tax laws) or procedural laws (e.g., procedural codes), which might
conflict with or provide exceptions to the rules of the General Clauses Act.
4. When the statute’s provisions are inconsistent with the General Clauses Act:
o If a statute has a clear provision that requires an interpretation inconsistent
with the provisions in the General Clauses Act, the specific provision in the
statute will take precedence.

Conclusion:

The General Clauses Act, 1897 plays a crucial role in standardizing the interpretation of
laws in India by providing general definitions and rules of construction. It is used to
interpret terms and provisions in legislation unless a statute provides explicit provisions to the
contrary. However, it cannot be used if the statute contains specific definitions or rules that
override the general principles laid down in the General Clauses Act. Courts rely on this Act
to ensure consistency and clarity in applying Indian laws, maintaining uniformity across
various statutes.

6. Write an essay on “Education is a weapon that can change the world.”

7. As per section 2(1) of the Consumer Protection Act of 2019, “advertisement” has been
defined as “means any audio or visual publicity, representation, endorsement or
pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet
or website and includes any notice, circular, label, wrapper, invoice or such other
documents.”
David displays images of his new hair Gel product available in supermarkets, on billboards
alongside a highway.
i. Explain whether David’s action can be treated as an advertisement?
ii. State with reasons what would be an appropriate rule of interpretation for
interpreting the expression “or such other documents.”

Ans. Can David’s Action be Treated as an Advertisement?

Yes, David's action of displaying images of his new hair gel product on billboards alongside
a highway can be treated as an advertisement under the definition provided in Section 2(1)
of the Consumer Protection Act, 2019.

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  Reasoning: The term "advertisement" is broadly defined and includes "any audio or
visual publicity, representation, endorsement, or pronouncement made by means of
light, sound, smoke, gas, print, electronic media, internet, or website."
 Billboards are a visual form of publicity and fall under the category of print media in
the definition, making David’s display of images on the billboards an advertisement.
 The purpose of displaying such images is to promote or publicize the new product,
which aligns with the general understanding of what constitutes an advertisement.

Thus, since billboards are a widely recognized medium for promoting products visually,
David’s display can clearly be categorized as an advertisement under the Consumer
Protection Act.

ii. Interpretation of the Expression “or such other documents”

The expression “or such other documents” in the definition of advertisement in Section
2(1) of the Consumer Protection Act, 2019 needs careful interpretation to determine what
additional forms of documents could be treated as advertisements.

Appropriate Rule of Interpretation:

The most appropriate rule of interpretation for the phrase “or such other documents” is the
Ejusdem Generis rule.

 Ejusdem Generis is a Latin term meaning “of the same kind” or “of the same
nature.” This rule states that when general words follow specific words in a list, the
general words should be interpreted to include things of the same kind or nature as
the specific words listed.

Application of Ejusdem Generis:

 In the context of the definition, the terms "notice, circular, label, wrapper, invoice"
are all specific types of documents.
 According to the Ejusdem Generis rule, the general term “or such other documents”
should be interpreted to include documents of a similar nature to the specific items
listed (i.e., promotional, informative, or commercial documents).
 These could include flyers, brochures, pamphlets, and posters—all of which are
commonly used for promotional purposes and are intended to publicize or advertise
a product.

Therefore, the phrase "or such other documents" should be interpreted as documents of a
similar kind to the ones listed (notices, circulars, labels, wrappers, invoices) that are also
used for publicity, advertising, or promotion of goods and services.

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Conclusion:

1. David’s action of displaying images of his product on billboards qualifies as an

advertisement under Section 2(1) of the Consumer Protection Act, 2019 since
billboards are a form of visual publicity.
2. The phrase "or such other documents" should be interpreted using the Ejusdem
Generis rule, meaning that it includes documents of a similar nature to notices,
labels, and invoices, such as brochures, flyers, or posters, that serve the purpose of
advertisement and promotion.

8. A central Act defined the Offences but failed to prescribe the procedure for recovery of
Fines for the Offences made out.
i. Explain the provision of the General Clauses Act, 1897, applicable in the above case.
ii. What is an offence under the General Clauses Act, 18977?

Ans. Provision of the General Clauses Act, 1897, Applicable in the Case

In the case where a Central Act defines the offences but does not prescribe the procedure for
the recovery of fines for those offences, the relevant provision of the General Clauses Act,
1897 would be Section 24.

Section 24 of the General Clauses Act, 1897:

This section provides for the procedure to be followed when a statute does not prescribe the
procedure for recovery of fines or penalties. Section 24 states that:

 "Where a central Act or a state Act does not prescribe the procedure for the
recovery of any fine or penalty, the procedure prescribed for the recovery of fines
under the law for the time being in force (usually the relevant Criminal Procedure
Code or Civil Procedure Code) shall apply."

In other words, when the Central Act defines offences and imposes fines but does not specify
how the fine should be recovered, the provisions of the Criminal Procedure Code (CrPC)
or any other relevant procedural law in force will apply to recover the fine. The CrPC
outlines detailed procedures for the collection of fines imposed by a court or tribunal.

Thus, Section 24 of the General Clauses Act fills in the gap by directing the use of existing
laws (e.g., CrPC or CPC) to enforce fines and penalties, ensuring that there is a clear
mechanism for recovery.

ii. What is an Offence under the General Clauses Act, 1897?

Under the General Clauses Act, 1897, the term "offence" is defined in Section 3(38).

38
Section 3(38) of the General Clauses Act, 1897:

An "offence" is defined as follows:

 "Offence" means any act or omission made punishable by any law for the time
being in force."

This definition essentially refers to any act or omission (failure to act) that is made
punishable under the current law. It covers a broad spectrum of activities, including both
criminal and civil wrongs, as long as the law in force prescribes a penalty for the violation.

Thus, an offence can be understood as any illegal act or wrongdoing that has been
specifically prohibited by law and for which a penalty (fine, imprisonment, etc.) is
prescribed. It could encompass both criminal offences (e.g., theft, assault) and non-criminal
offences (e.g., violations of regulatory or administrative laws).

Conclusion:

1. Provision of the General Clauses Act, 1897: Section 24 of the General Clauses Act
applies in the case where an Act defines offences but does not specify the recovery
procedure for fines. It ensures that the procedure for recovery is governed by the
provisions of existing procedural laws, such as the Criminal Procedure Code
(CrPC).
2. Offence under the General Clauses Act, 1897: An offence is any act or omission
made punishable by law under the relevant legal framework. This can include both
criminal and non-criminal acts for which a penalty is prescribed.

8. Discuss effect and consequences of repel under General Clauses Act.1897.

Ans. Effect and Consequences of Repeal under the General Clauses Act, 1897

The General Clauses Act, 1897 provides a set of rules to deal with the repeal of a statute or
any of its provisions. Section 6 of the General Clauses Act specifically deals with the effects
and consequences of the repeal of laws and explains the impact it has on the continuity of
legal rights, obligations, and liabilities.

Section 6 of the General Clauses Act, 1897: Effect of Repeal

Section 6 lays down the consequences of the repeal of any Act or regulation, either entirely
or partially. The following are the key consequences and effects as stated under this section:

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1. Restoration of Previous Law

 When a law is repealed, any right, privilege, obligation, or liability that was created
or conferred by the repealed law may be revived, if the new law does not specifically
negate it.
 In simple terms, when an Act is repealed, the previous law (the law in force
immediately before the repeal) will be treated as if it was never repealed, unless the
new law or the repealing Act explicitly states otherwise.
 Example: If an Act is repealed, rights or liabilities created by that Act are revived
unless the new law specifically says that the repeal does not affect those rights.

2. Penalties, Forfeitures, and Liabilities Imposed under the Repealed Law

 Any penalty, forfeiture, or liability incurred before the repeal of the law remains
valid, and legal action can be taken to enforce it.
 For example, if a fine was imposed under a repealed law before it was repealed, the
fine can still be recovered or enforced after the repeal.

3. Ongoing Legal Proceedings

 The repeal of an Act does not affect any legal proceedings that were already
initiated under that law.
 Pending cases or proceedings that started before the repeal will continue under the
repealed law unless the new law specifically provides that such proceedings will
proceed under the new law.
 Example: If a suit was filed under a law that is subsequently repealed, the suit will
proceed under the law that existed when it was filed.

4. Saving of Acts Done Under the Repealed Law

 Any act done or things performed under the repealed law are not affected by the
repeal, unless the new law provides otherwise.
 If a person performed an action or transaction under the provisions of the repealed
law, that act or transaction will continue to be valid, even after the law has been
repealed, unless there is an explicit provision to the contrary in the new law.
 Example: Contracts made under a repealed law will still be considered valid if the
contract's terms were legal at the time of its execution.

5. Effect on Regulations and Subordinate Legislation

 If the primary statute is repealed, any regulations or subordinate legislation made

under it may also be affected, unless the new law provides that those regulations
will continue to remain in force.
 Example: If a law providing for certain rules is repealed, the rules made under it may
also be repealed unless the new law expressly states that those rules remain
effective.

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Exceptions and Limitations

 Saving Clauses: The new law may contain a saving clause that preserves the
previous law’s actions, rights, obligations, and liabilities, even after the repeal.
 Specific Provisions: The new law may also provide that the repealed law shall
continue to apply for certain purposes or for the enforcement of existing rights or
liabilities.

Illustration of Effects of Repeal:

Example 1: Repeal of Tax Law

 Suppose a specific tax law, such as the "XYZ Tax Act", is repealed. The rights and
liabilities of individuals under the XYZ Tax Act will not be automatically void. If a
person was required to pay taxes under the Act, those obligations will continue until
the penalty or fine is paid, unless the new law provides a different procedure.
 Moreover, if any tax-related cases were pending under the XYZ Tax Act, they will
continue to be adjudicated under the provisions of the XYZ Tax Act until the cases
are concluded.

Example 2: Repeal of Criminal Offence

 If a criminal statute that defines a particular offence is repealed, any offence

committed before the repeal will still be punishable under the repealed statute. A
person charged with a crime before the repeal will be tried under the original law,
and the penalty will be enforced, unless the new law provides a different provision
for ongoing cases.

Conclusion:

The effect of repeal under the General Clauses Act, 1897 ensures that the repeal of a statute
does not necessarily wipe out the legal rights, obligations, or penalties incurred under that
statute. This helps maintain legal continuity and certainty, ensuring that rights and liabilities
created by the repealed statute are not immediately rendered void. Furthermore, the
provisions of the General Clauses Act maintain the legal proceedings and enforceability of
actions undertaken under the repealed law unless stated otherwise by the new law.

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 9. Explain the different types of Internal Aids of Interpretation of Statutes.

Ans. Internal Aids to Interpretation of Statutes

Internal aids to the interpretation of statutes refer to the materials or tools within the statute
itself that help in understanding its meaning, intention, and application. These aids are
intrinsic to the statute and do not require external sources like judicial decisions or textbooks.
Internal aids can be found directly in the text of the statute, and they assist courts, legal
practitioners, and lawmakers in interpreting the provisions of the law. The following are the
main types of internal aids used in the interpretation of statutes:

1. Preamble

 The preamble of a statute sets out its purpose, objective, and scope. It helps to
understand the legislative intent behind the enactment of the statute and provides
guidance on the overall objectives.
 Example: The preamble of the Constitution of India declares that it is enacted to
"secure justice, liberty, equality, and fraternity" for its people, which guides the
interpretation of its provisions.

Function: It is often referred to when there is ambiguity in the interpretation of the statute to
determine the intended purpose behind it.

2. Title

 The title of a statute is an essential internal aid, as it indicates the subject matter or
focus of the legislation.
 Example: The "Indian Penal Code" clearly indicates that it deals with criminal law.
Similarly, the "Consumer Protection Act" indicates that the law is concerned with
consumer rights and protections.

Function: The title helps to determine the context and provides a clue as to the scope of the
statute.

3. Definitions Section

 Many statutes contain a definitions section, where specific terms used throughout the
Act are defined. These definitions are crucial for clarifying the meaning of words used
in the statute.
 Example: Section 2 of the Consumer Protection Act, 2019 defines key terms like
"consumer," "advertisement," and "product," which help in understanding how these
terms should be interpreted in the context of the statute.

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Function: It ensures uniformity in the interpretation of critical terms and phrases used in the
statute.

4. Headings and Subheadings

 The headings and subheadings of different sections or chapters within a statute

provide an indication of the subject matter of that particular provision.
 Example: In the Indian Evidence Act, 1872, the section headings like "Admissions"
or "Relevance of Facts" help in understanding the focus of specific sections.

Function: These help in determining the scope of a provision and also assist in finding
related provisions within the statute.

5. Marginal Notes

 Marginal notes are short annotations or summaries placed at the margins of statutes
or sections. These notes offer a brief description of the section and often help in
understanding its main purpose.
 Example: In many legal texts, the marginal note may describe a section’s subject,
such as "Section 375 - Rape" in the Indian Penal Code.

Function: Marginal notes can assist in understanding the essence of a provision and can
sometimes help in interpreting the provision when the wording is ambiguous.

6. Provisos

 A proviso is a clause added to a provision to restrict, modify, or qualify the general

provisions laid out in the main body of the section. Provisos are used to set out
exceptions, conditions, or limitations on the general rule.
 Example: Section 5 of the Indian Contract Act, 1872 contains a proviso that limits
the validity of certain types of contracts, such as contracts entered into under duress
or coercion.

Function: Provisos help in limiting the scope of the main provision and can often aid in
resolving conflicting or ambiguous interpretations.

7. Explanation

 The explanation is a provision that often follows a section and is meant to clarify or
elaborate on the provision. It is used to explain or elaborate on any doubt or
ambiguity in the section.

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  Example: The explanation to Section 300 of the Indian Penal Code provides
clarification on what constitutes murder and distinguishes it from culpable
homicide.

Function: Explanations are used to clarify the intent of a provision and ensure its correct
application in different situations.

8. Schedules

 Many statutes contain schedules that list detailed provisions or specific matters
referred to in the statute. These schedules are often used to add more precise
definitions, categories, or lists that supplement the main provisions.
 Example: The Companies Act, 2013 contains schedules that list the prescribed
forms, rules, and guidelines related to company operations.

Function: Schedules provide detailed and practical applications of the statute’s provisions
and help in the practical implementation of the law.

9. Exceptions and Saving Clauses

 Exceptions and saving clauses are provisions included in a statute to carve out
certain situations where the law does not apply, or to protect specific rights or actions
from being invalidated by the statute.
 Example: Section 6 of the General Clauses Act, 1897 provides a saving clause
regarding the effects of the repeal of a statute, clarifying that actions taken under the
repealed statute are not affected by the repeal.

Function: These provisions narrow the scope of the statute’s applicability or protect certain
rights, and they are used to determine specific circumstances under which the law does not
apply.

Conclusion:

Internal aids of interpretation provide crucial assistance when interpreting the meaning and
scope of a statute. These aids—such as the preamble, definitions section, headings,
provisos, and schedules—help to clarify the intent of the lawmakers, contextualize
provisions, and resolve ambiguities. They are integral to statutory interpretation as they
provide insight into the purpose and application of legal provisions without requiring
recourse to external sources or judicial precedents.

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 10. Explain with case laws, the Mischief Rule of Interpretation.

Ans. Mischief Rule of Interpretation

The Mischief Rule of Interpretation is one of the rules of statutory interpretation used by
courts to understand the intention of the legislature when a statute is ambiguous or unclear.
The primary aim of the Mischief Rule is to identify the mischief or problem that the statute
was intended to address and interpret the law in a way that remedies the mischief.

The Mischief Rule is derived from the Heydon’s Case (1584), which established the rule
that the interpretation of a statute should aim to suppress the mischief that the statute was
meant to remedy.

The Rule in Heydon’s Case (1584)

In Heydon’s Case (1584) 3 Co. Rep. 7a, the court formulated a rule for interpreting statutes,
which became known as the Mischief Rule. The rule states that in interpreting a statute, the
court should consider:

1. What was the law before the making of the Act?

2. What was the mischief or defect for which the law did not provide?
3. What remedy has the legislature provided to cure the mischief?
4. What is the true reason for the remedy?

The court should adopt an interpretation that suppresses the mischief, advances the
remedy, and produces a result that is consistent with the purpose of the statute.

Application of the Mischief Rule in Case Laws

1. Smith v. Hughes (1960) 1 WLR 830 (House of Lords)

In Smith v. Hughes, the House of Lords dealt with a case involving a woman who was
soliciting on the streets, which was prohibited under the Street Offences Act, 1959. The law
prohibited soliciting in a street for the purposes of prostitution. However, the woman was
soliciting from a window, not on the street.

The issue was whether soliciting from a window violated the statute. The court applied the
Mischief Rule and determined that the mischief the Act was meant to address was
prostitution on the streets, and thus, the woman’s actions were caught under the law. The
court interpreted the statute broadly to suppress the mischief of street prostitution.

 Held: The court found that even though the solicitor was not on the street, her
actions were caught under the mischief that the statute intended to address (i.e.,
prostitution).

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Application of the Mischief Rule: The statute was interpreted to cover actions that were not
explicitly mentioned (soliciting from a window), but which were part of the mischief the law
intended to curb.

2. R v. Secretary of State for Transport (1992) 1 AC 641 (House of Lords)

In R v. Secretary of State for Transport, the House of Lords was required to interpret
whether a particular regulation regarding road safety applied to an incident involving an
airplane.

The statute required that a motor vehicle be registered in the motor vehicle register under
the Road Traffic Act, 1988. The issue arose because the plane in question was not a motor
vehicle. However, the court interpreted the statute in light of the mischief the regulation was
designed to address: the prevention of accidents and the regulation of all vehicles on roads,
whether land or air-based.

 Held: The court concluded that the statute applied to vehicles of all kinds on roads,
not just motor vehicles, in order to promote public safety.

Application of the Mischief Rule: The interpretation was extended to cover airplanes,
considering that the mischief the statute sought to address (road safety) could apply equally
to all vehicles operating on public roads, including planes.

3. Wrottesley v. Chancery (1854) 9 Ex. 368

In Wrottesley v. Chancery, the court applied the Mischief Rule to interpret a statute dealing
with land disputes. The statute prohibited a specific type of transfer of land, but the land in
question was transferred in a way that was not explicitly mentioned in the statute.

The court looked at the statute’s mischief, which was to prevent fraudulent transfers of land.
The court determined that even though the specific type of transfer wasn’t mentioned, the
mischief of fraudulent transfers would still be applicable to the case.

 Held: The court applied the statute to prevent the fraudulent transfer of land that
was in line with the mischief the law intended to address.

Application of the Mischief Rule: The court used the mischief of fraudulent land transfers
to justify the application of the statute in this case, even though the type of transfer was not
specifically mentioned in the text.

4. State of Gujarat v. Mirzapur Moti Kureshi Kassab (2005) 10 SCC 213

In State of Gujarat v. Mirzapur Moti Kureshi Kassab, the Supreme Court of India used
the Mischief Rule to interpret the Prevention of Cruelty to Animals Act, 1960. The issue

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was whether certain practices related to the slaughter of animals, which were not specifically
mentioned in the Act, could be considered cruel.

The court considered the mischief that the Act aimed to address: the prevention of cruelty
towards animals. The court found that while certain practices were not directly mentioned,
they were consistent with the mischief the Act sought to curb (i.e., animal cruelty).

 Held: The court held that practices of animal cruelty that were not explicitly
mentioned in the Act could still be interpreted as offences under the law, as they
were in line with the mischief the Act sought to address.

Application of the Mischief Rule: The court interpreted the statute broadly to cover
practices that were consistent with the mischief of preventing cruelty to animals, even if they
were not specifically named in the text.

Conclusion

The Mischief Rule of Interpretation focuses on identifying the mischief or defect in the law
that the statute was meant to remedy and interpreting the statute in a way that effectively
addresses that mischief. The rule encourages a purpose-driven interpretation of statutes,
allowing the law to adapt to changing circumstances and cover situations that may not have
been specifically anticipated by the drafters of the statute. Case laws like Smith v. Hughes, R
v. Secretary of State for Transport, and State of Gujarat v. Mirzapur Moti Kureshi
Kassab illustrate how courts use the Mischief Rule to ensure that the legislative intent is
achieved and that the statute serves its intended purpose in curbing the mischief it was
enacted to address.

12. Write an essay on “The impact of social media on traditional journalism.”

13. Outline the facts, issues, and guidelines given by the Supreme Court in Vishakha v State
of Rajashtan – AIR 1997 SC 3011.

Ans. Vishakha v. State of Rajasthan – AIR 1997 SC 3011

The case of Vishakha v. State of Rajasthan (1997) is a landmark judgment by the Supreme
Court of India in the context of sexual harassment at the workplace. The case played a
crucial role in establishing the legal framework for addressing sexual harassment and the
rights of women in the workplace.

Facts of the Case

1. Incident of Sexual Harassment:

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 o The case was brought before the Supreme Court by a public interest litigation
(PIL) filed by the Vishakha, an NGO, following the brutal gang rape of a
social worker named Bhanwari Devi in Rajasthan.
o Bhanwari Devi was a woman working as a social worker in the Rajasthan
Government's Women’s Development Program. She was assaulted and
gang-raped by a group of men, including powerful individuals, after she
attempted to prevent the marriage of a minor girl.
o The case was significant because Bhanwari Devi was working in an official
capacity and had faced sexual harassment in the course of her duty.
2. Legal Vacuum:
o At the time of the incident, there were no specific laws or guidelines for
addressing sexual harassment in the workplace in India.
o The existing laws related to women’s protection, like the Indian Penal Code
(IPC), dealt with sexual assault and rape but did not specifically address the
issue of harassment or the broader legal protection for women at the
workplace.

Issues in the Case

1. Lack of Legal Framework:

o The primary issue in the case was the absence of a legal framework to deal
with sexual harassment at the workplace.
o The petitioners argued that despite the need for legal protection for women
against sexual harassment, no clear guidelines were in place to ensure a safe
working environment for women.
2. Violation of Fundamental Rights:
o The petitioners contended that the failure to protect women from sexual
harassment in the workplace was a violation of their fundamental rights
under Article 14 (Right to Equality), Article 15 (Prohibition of
discrimination on grounds of sex), and Article 21 (Right to Life and
Personal Liberty) of the Constitution of India.

Guidelines Given by the Supreme Court

In its landmark judgment, the Supreme Court of India recognized the gravity of the issue
and laid down a set of guidelines to combat sexual harassment at the workplace. The
Vishakha Guidelines, as they are called, formed the basis for the protection of women from
sexual harassment in India until a specific law was enacted.

The key guidelines issued by the Supreme Court were:

1. Definition of Sexual Harassment:

o The Court provided a comprehensive definition of sexual harassment, which
included any unwelcome sexual advances, requests for sexual favors, or any
other physical, verbal, or non-verbal conduct of a sexual nature that created a
hostile or intimidating work environment.

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 2. Preventive Measures:
o The Court emphasized that every employer had the duty to create and
maintain a work environment free of sexual harassment. Employers were
required to take steps to prevent the occurrence of such harassment.
3. Redressal Mechanism:
o The Court directed that all organizations must set up complaint committees
that would be responsible for investigating complaints of sexual harassment
and ensuring proper action was taken. These committees were to be gender-
sensitized and should have a balanced representation of men and women.
4. Awareness Programs:
o Employers were required to conduct educational and awareness programs
to educate employees, both male and female, about the issue of sexual
harassment. These programs should include training on what constitutes
sexual harassment and how it can be prevented.
5. Employee Rights:
o The Court acknowledged that employees who were victims of sexual
harassment had the right to take action and demand justice without fear of
retribution or retaliation. Victims were also entitled to seek redressal through
the established grievance mechanisms.
6. Action Against Perpetrators:
o The guidelines emphasized that the employer must take strict action against
those found guilty of sexual harassment. Employers were required to
discipline the harasser, and in the case of serious violations, the harasser
should be terminated from the workplace.
7. Confidentiality:
o The guidelines also recommended that all complaints and proceedings related
to sexual harassment should be confidential to ensure the privacy of the
complainant and to protect them from any social or professional stigma.
8. Disciplinary Action and Compensation:
o Employers were directed to take disciplinary action against the perpetrator of
sexual harassment, which could include suspension or dismissal, depending on
the severity of the offense. Additionally, compensation should be provided to
the victim for the harm suffered.
9. Implementation and Monitoring:
o The Supreme Court directed that the government should ensure the
implementation of these guidelines and establish a mechanism to monitor
their enforcement at the workplace.

Outcome of the Case

 Vishakha v. State of Rajasthan set an important precedent in India as the Supreme

Court recognized that sexual harassment at the workplace violated the
fundamental rights of women under the Constitution.
 The Vishakha Guidelines became a landmark judgment until the passage of the
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013, which codified these guidelines into law.

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Significance of the Judgment

1. Empowerment of Women:
o The judgment empowered women by giving them a legal framework to assert
their rights against sexual harassment in the workplace.
2. Government Action:
o The judgment pushed the government to take legislative action to address
sexual harassment, leading to the eventual enactment of the Sexual
Harassment Act of 2013.
3. Recognition of Gender Equality:
o The ruling emphasized the constitutional rights of women to live and work in
an environment free from sexual harassment, contributing to the broader goal
of achieving gender equality in India.

Conclusion

The Vishakha v. State of Rajasthan case was a pivotal moment in Indian legal history, as it
not only addressed a gap in the legal framework concerning sexual harassment but also
established concrete steps for creating a safe and dignified working environment for women.
The guidelines laid down by the Supreme Court served as a guiding force for subsequent
legislation and provided immediate relief and protection to women against sexual harassment
at the workplace.

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