The question (12 marks)
"Penal and taxing statutes are construed strictly, while welfare statutes are construed liberally." Discuss this statement with decided cases, and explain what strict construction does and does not mean. (12 marks)
MU Module II, construction by subject matter; pack ch. 02 with quickref 2 (cases 35-52).
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 2 · Subsidiary Rules and Construction by Subject Matter of Interpretation of Statutes.
Authorities you will need
- M.V. Joshi v. M.U. Shimpi
- A.S. Sulochana v. C. Dharmalingam
- Bowers v. Gloucester Corporation (1963) 1 Q.B. 883
- Chinubhai v. State of Bombay
- Seksaria Cotton Mills v. State of Bombay (1954)
- Cape Brandy Syndicate v. I.R.C., per Rowlatt J.
- A.V. Fernandes v. State of Kerala
- The Empress Mills, Nagpur v. The Municipal Committee, Wardha
- George Banerji v. Emperor (1917) 18 Cr L J 45
- All India Reporter Karamchari Sangh v. All India Reporter Ltd.
- Kanai Lal v. Paramnidhi
- Article 265 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.