The question (6 marks)
A State legislature, acting on reports that unlicensed operators were running gambling schemes in village fairs, passes an Act whose long title speaks of controlling gambling. Its definition clause, however, defines a controlled scheme as any arrangement in which a prize is offered for the solution of a puzzle built up from letters, words or figures, and every other provision of the Act deals with licensing fairground gambling booths. A school is prosecuted for holding an annual essay and crossword contest with a book prize. (a) Which rules of interpretation may the school rely on, and with what authority? (b) Could the court instead cure the position by writing an exception for schools into the definition? (6 marks)
MU Module I, situational problem on wide general words; pack ch. 01 (Utkal, R.M.D. Chamarbaugwalla, Narayanaswami).
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · The Primary Rules: Literal, Golden and Mischief of Interpretation of Statutes.
Authorities you will need
- Heydon's Case (1584), reported by Lord Coke
- R.M.D. Chamarbaugwalla v. Union of India
- Utkal Contractors & Joinery (P) Ltd. v. State of Orissa
- G. Narayanaswami v. G. Pannerselvam
- Oswal Agro Mills Ltd. v. CCE
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.