The question (10 marks)
State and explain the literal, golden and mischief rules of interpretation, with the leading English and Indian cases. Which rule do Indian courts apply first, and when do the others come in? (10 marks)
Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.
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 4 · External Aids to Interpretation, and the Rules of Interpretation of Legal Language including Legal Writing and General English.
Authorities you will need
- Kanai Lal Sur v Paramnidhi Sadhukhan
- Bengal Immunity Co Ltd v State of Bihar
- R.M.D. Chamarbaugwalla v Union of India
- Sussex Peerage Case (1844) 11 Cl & F 85
- Heydon's Case (1584) 3 Co Rep 7a
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.