The question (12 marks)
Explain any three of the following presumptions with decided cases: that statutes are territorial in operation; that the jurisdiction of the courts is not ousted; and that the legislature does not intend injustice. State in each case how the presumption may be displaced. (12 marks)
MU Module III, three presumptions; pack ch. 03 with quickref 2 (cases 67-75).
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
- State of Bombay v. R.M.D. Chamarbaugwalla
- Bengal Immunity Company Limited v. State of Bihar
- Articles 14, 32, 226 and 245 of the Constitution of India
- Code of Civil Procedure, s. 9
- Dhulabhai v. State of M.P.
- Bhimji v. Dandappa
- Lachman Das v. State of Punjab
- R. v. Medical Appeal Tribunal, per Lord Denning
- Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama
- A.S. Sulochana v. C. Dharmalingam
- Maneka Gandhi v. Union of India
- G. Narayanaswami v. G. Pannerselvam
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.