MCQ
1) The statutes are classified according to duration, method, application, and object.
2) An amending statute is one which modifies the earlier statute.
3) Public statutes include examples such as the Indian Penal Code (IPC), taxing statutes, and coercive laws.
4) The principle laid down in Lee vs. Knapp is the Golden Rule.
5) Logical interpretation lays emphasis on the spirit of the law.
6) “Non-obstante clause” means “notwithstanding.”
7) The Mischief rule was laid down in Hayden’s Case.
8) Contemporaneous exposition law arises from long usage.
9) Harmonical construction is applied when conflicting portions are reconciled.
10) “Noscitur a sociis” means associated words.
11) “Ejusdem generis” means “of the same kind and nature.
12) A statute which punishes wrongs is a penal statute.
13) The object of interpretation is to determine intent.
14) According to Maxwell, the statute made by the legislature is the will of the state.
15) “Litera legis” refers to the letter of the law.
16) The law made by the legislature is known as enacted law or statutory law.
17) Beneficial statutes are also called socio-welfare legislations.
18) A statute which repeals an earlier statute is called a repealing statute.
19) A rule of construction is deemed well-settled when there are principles of harmonious construction
20) A temporary statute is one where period of operation is til repealed.
- Shorts
Object & purpose of Interpretation: The primary objective of interpreting statutes is to discern the legislative intent behind the enactment of laws. This involves understanding the purpose, scope, and meaning of statutory provisions to apply them effectively in legal contexts. Through interpretation, courts aim to give effect to the intentions of the lawmakers while ensuring consistency, fairness, and justice in the application of the law.
- Classification of statutes: Statutes can be categorized based on various criteria, including their duration, method of enactment, application, and object. For example:
- Duration: Statutes may be temporary (valid for a limited period) or permanent (without a specified expiration date).
- Method of enactment: They can be original enactments or amending statutes that modify existing laws.
- Application: Statutes can be public laws, which apply to the general populace, or private laws that concern specific individuals or entities.
- Object: Statutes may be categorized based on their purpose or subject matter, such as tax laws, criminal laws, or environmental regulations.
- The Rule of Ejusdem Generis: a) Application: Applies when specific words are followed by more general ones. b) Interpretation: General words interpreted to match specific ones in class or nature. c) Avoids absurdity: Prevents unreasonable results by limiting general word meanings. d) Resolves ambiguity: Guides courts in interpreting statutes to align with intent. e) Ensures consistency: Maintains uniformity and coherence in legal interpretation.
- Object to interpret penal statute: The objective of interpreting penal statutes is multifaceted. It involves ensuring clarity and precision in defining criminal offenses and penalties to safeguard individual rights and promote legal certainty. Additionally, interpreting penal statutes aims to uphold the principle of legality, which requires that individuals are only punished for conduct that is clearly prohibited by law.
- Mischief Rule: The mischief rule is a principle of statutory interpretation that involves examining the problem or mischief that a statute was intended to remedy. By identifying the underlying issue or injustice that the law seeks to address, courts can interpret statutory provisions in a manner consistent with the legislative purpose. This approach allows judges to apply the law in a way that achieves its intended objectives and promotes fairness and justice in legal outcomes.