The question (12 marks)
The literal, golden and mischief rules are often presented as three rival rules. Explain each of them with decided cases, and show how a court actually moves between them when they point in different directions. (12 marks)
MU Module I, primary rules; pack ch. 01 with quickref 2 (cases 01-27).
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
- Jugalkishore v. Raw Cotton Co.
- G. Narayanaswami v. G. Pannerselvam
- Tej Kiran Jain v. N. Sanjiva Reddy
- Grey v. Pearson (1857), per Parke B.
- Lee v. Knapp (1967) 2 Q.B. 442
- Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama
- Heydon's Case (1584), reported by Lord Coke
- Commissioner of Income Tax v. Smt. Sodra Devi
- R.M.D. Chamarbaugwalla v. Union of India
- Utkal Contractors & Joinery (P) Ltd. v. State of Orissa
- Lalita Kumari v. Govt. of U.P.
- Article 105(2) of the Constitution of India
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.