The question (6 marks)
A Central Act granting a rehabilitation grant to displaced families is amended on 1 March. The amendment raises the rate of the grant and, in a separate clause, disqualifies any applicant who obtained a displacement certificate by suppressing material facts. It says nothing about pending claims. (a) A family whose claim accrued in the previous December and is still pending before the authority asks for the raised rate. (b) A second applicant, whose certificate was obtained by suppression before the amendment, argues that since the disqualification is not retrospective, his pending claim must be allowed. Decide both, with reasons. (6 marks)
MU Module III, situational problem on vested rights and advantage from one's own wrong; pack ch. 03 with s. 6 GCA.
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 3 · Presumptions in Statutory Interpretation of Interpretation of Statutes.
Authorities you will need
- General Clauses Act
- Maharaja Chintamani Saran Nath Shahdeo v. State of Bihar
- Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama
- P. Janardhan v. Union of India
- CIT v. Kurji Jinabhai Kotecha
- Heydon's Case (1584), reported by Lord Coke
- Article 14 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.