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Author: TYC

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General Rules of Interpretation

Nokes v. Doncaster Amalgamated Collieries Limited (1940) AC 1014

ISSUE:

Whether the right to an individual’s personal service be treated as a transferable property right under section 154?

What are the implications for the employees when their employer company is dissolved, and its assets and liabilities are transferred to another company?

Whether Section 154 of the Companies Act permit “statutory novation” of the employment contracts, thus binding employees to the new employer without their agreement?

Whether the statutory exception within section 154 that overrides the common law principle that personal service contracts cannot be transferred without the consent of the employees?

RULE:

The golden rule is that the words of a statute must prima facie be given their ordinary meaning.

It was emphasized that there is a need to adhere to the literal meaning of the statutory language, unless explicitly stated by the legislature.

One must not shrink from an interpretation which will reverse the previous law, for the purpose of a large part of our statute law is to make lawful that which would not be lawful without the statute, or, conversely, to prohibit results which would otherwise follow.

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Categories
Introduction to Statutory Interpretation

P.C. Gulati v. Lajya Ram Kapur AIR 1967 Punj. 79

ISSUE:

Whether the appellant can seek a transfer of the case to a competent Magistrate under Section 561-A of the Criminal Procedure Code?

Whether the High Court have the power to transfer or recall a case from the Additional Sessions Judge based on a potential jurisdictional error in the initial order?

RULE:

The penal Statutes must be construed in such a manner as to carefully guard the rights of the accused and at the same time preserve the obvious intention of the Legislature, but whenever there exists an ambiguity, it must be resolved in favor of protection of rights and safeguards rather than their destruction.

The High Court has the authority to transfer case across the subordinate criminal courts for just and efficient adjudication, despite procedural nuances in commitment and cognizance requirements U/S 193 and 526 of CrPC.

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General Rules of Interpretation

The Queen v. Charles Arthur Hill Heaten Ellis (1844) 6 Q.B. 499

ISSUE:

Whether the justices had a jurisdiction to remove a lunatic pauper (Harriet Ellis) to a licensed asylum in Surrey instead of the Middlesex County asylum, which was full?

Whether the relocation to a different county for treatment was lawful under statute 9 G. 4, c. 40, s. 38?

RULE:

Statutes are not to be expounded according to strict propriety of construction, or even in the usual grammatical sense, if that mode of interpreting would lead to manifest inconvenience, and be inconsistent with the subject and occasion, and the object contemplated by the Legislature.

Justices must act within the limits of their statutory authority and cannot extend powers beyond what is explicitly stated in the law.

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Dying Declarations

Dhanraj And Others, Smt. Venubai v. State of Maharashtra AIR 2002 SC 3302

ISSUE:

Whether the dying declaration recorded in the absence of a medical certificate certifying the mental fitness of the declarant is admissible as evidence?

RULE:

When the circumstances itself indicate the declarant's mental state, it may be possible to draw a legitimate inference regarding the mental condition of the declarant, even without a medical certificate.

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Categories
Section 27

Earabhadrappa Alias Krishnappa v. State of Karnataka AIR 1983 SC 446

ISSUE:

Whether the statement made by the accused was admissible in evidence by virtue of Section 27 of the Evidence Act?

Whether the presumption arising under illustration (a) to s. 114 of the Evidence Act valid?

RULE:

For the applicability of Section 27 of the Evidence Act, two conditions are pre-requisite, viz:

Information must be such as has caused discovery of the fact, and

The information must "relate distinctly" to the fact discovered."

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Categories
Expert Witness

Ghurey Lal v. State of U.P 2008, 10 SCC 450

ISSUE:

Whether the injuries caused to Brij Raj Singh be caused by the same shot that killed the deceased?

Whether the trial court judgement was perverse and High Court was justified in setting aside the same?

RULE:

When two possible and plausible explanations co-exist, the explanation favorable to the accused should be adopted.

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Categories
Survivorship

LIC of India v. Anuradha AIR 2004 SC 2070

ISSUE:

Whether, under Section 108 of the Indian Evidence Act, the exact date of death can be determined when a person has not been heard from for a period of seven years?

RULE:

If a person’s life or death at a specific date is in question, it must be decided based on all evidence available at the time of the hearing.

Under Section 108, while the presumption of death applies after seven years of absence, there is no presumption as to the exact date or time of death; these must be established through evidence.

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Categories
Confessions

State of Maharashtra v. Mohammad Aabed Mohammad Ajmir Shaikh Criminal Confirmation case No. 2 of 2019

ISSUE:

Whether the extra-judicial confession made by the accused is admissible as evidence?

RULE:

Extra-judicial confession, if found to be voluntary, truthful, and reliable, can be crucial evidence in a criminal trial.

However, the court must ensure the confession was not obtained under duress, coercion, or inducement.

The confession should inspire confidence and be supported by other corroborative evidence.

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