Jagannath University

Department of Land Management and Law

LAN 4104: Interpretation of Statutes and General Clauses Act
Full Marks: 70 Full Times: 04 Hours
All questions are of equal value. Answer any five of the following questions including question No.8

1. (a) Define statute. If the meaning of a statute is plain, an effect must be given to it irrespective of
consequences. Comment and discuss in detail with the support of relevant case law.
(b) Rules of interpretation are like tools of a carpenter or sculptor. Discuss the statement while pointing out
the importance of the interpretation of statutes. Explain along with its limitations.
2. In the leading case of Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) the Supreme Court of the USA
established a principle by quoting 'It is emphatically the province and duty of the judicial department to say
what the law is'. Examine to what extent and how the same principle incorporates within the ambit of the
Constitutional Provisions of Bangladesh.
3. What do you understand by external expression of a statute? Discuss the significance of 'legislative history'
and 'foreign decision' as an external aid of a statute. Suppose, the Sales Tax Act of Bangladesh held that the
word, 'perfumery" means such articles as used in cosmetics and toilet goods. Noted that the Schedule 'A'
Entry 16 of the Act reads as 'cosmetics, perfumery & toilet goods excluding toothpaste, tooth powder
kumkum& soap.' Does it (perfumery) include 'Dhoop' and 'Agarbatti'? Comment.
4. What do you mean by metaphor? Explain the significance of using metaphors in judicial decisions by
referring to the following examples: (a) 'if any provision can be called the pole star of the Constitution then
it is the preamble', (b) 'the clause against establishment of religion by law was intended to erect a wall of
separation between church and state', (c) 'person aggrieved means not only any person who is personally
aggrieved but also one whose heart bleeds for his less fortunate fellow', (d) 'lifting up corporate veil'
5. What do you mean by the internal expression of a statute? Discuss with examples. Elucidate the purposes of
using the internal expression of a statute. Give a brief description of the interpretative value of the following
expressions: short title, long title, preamble, marginal notes, and schedule.
6. What do you understand by the maxim 'ut res magisvaleat quam pereat'? Discuss the utility of this maxim in
the interpretation of statutes. Suppose, the defendant placed a trolley in the passageway for unloading in a
normal course of working. The concerned statute states 'all passages and gangways of a factory to be kept
free from any obstruction'. Does the act of the defendant amount to the obstruction of the passageway?
7. (a) Differentiate interpretation from construction.
(b) Dolton state sales corporation had two contracts with Polar foreign corporation for the sale of 'chicken'.
After Polar received one shipment of stewing chicken and another was stopped, Polar brought a breach of
warranty action, alleging that the goods sold should have corresponded to the description because the
chicken was not suitable for broiling and frying.
The Statute Must be read with its whole content.
1. (a) Define statute. If the meaning of a statute is plain, an effect must be given to it irrespective of
consequences. Comment and discuss in detail with the support of relevant case law.
A statute is a formal written law enacted by a legislative body, such as a parliament or congress. Statutes are an
integral part of a country’s legal system and serve as primary sources of law. They outline rules, regulations,
rights, and responsibilities that citizens and entities within a jurisdiction must follow. Statutes are often
organized into codes that cover various areas of law, such as criminal law, civil law, commercial law, and more.
The statement "If the meaning of a statute is plain, an effect must be given to it irrespective of consequences"
reflects a principle of statutory interpretation, which is the process of understanding and applying the meaning
of statutes. This principle suggests that when the language of a statute is clear and unambiguous, courts should
interpret and apply it according to its plain meaning, without considering the potential consequences or
outcomes that might arise from such an interpretation.
This principle of giving effect to the plain meaning of a statute, even if the consequences seem undesirable, is
rooted in the idea that legislative intent is best expressed through the text of the statute itself. Judges are not
lawmakers; their role is to interpret and apply the law as written, rather than to create new laws or modify
existing ones based on personal opinions about what the law should be.
One of the most well-known cases that exemplifies this principle is:
United States v. Fisher (1805):
In this case, the U.S. Supreme Court stated that "the intent of the legislature is to be collected from the words
they employ. Where there is no ambiguity in the words, there is no room for construction." The Court
emphasized that the plain meaning of the statute should prevail unless there is a compelling reason to depart
from it.
However, it's important to note that while the principle of giving effect to plain meaning is a general rule of
statutory interpretation, there are exceptions and limitations to this approach. Some of these exceptions include:
Absurdity Doctrine: If applying the plain meaning of a statute leads to absurd or irrational results, courts may
deviate from the literal interpretation to avoid such outcomes.
Contextual Interpretation: Even when the plain meaning of a statute is clear, courts may consider the broader
context of the law, legislative history, and the purpose of the statute to ensure that the interpretation aligns
with the legislative intent.
Ejusdem Generis Rule: This rule states that when a list of specific items is followed by a general term, the
general term should be interpreted to include only things of the same nature as the specific items.
Noscitur a Sociis Rule: This rule suggests that the meaning of a word is determined by the words that surround
it, or the "company it keeps."
In conclusion, the principle that statutes should be interpreted according to their plain meaning is a fundamental
aspect of statutory interpretation. While it emphasizes the importance of adhering to the legislative text, it's not
always an absolute rule and can be subject to exceptions based on the context, purpose, and overall
interpretation of the law.
……………
A statute is a law enacted by a legislature. It is a formal written enactment of a legislative authority that governs
the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit
something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law
or precedent, which is decided by courts, and regulations issued by government agencies.
The principle that a statute must be given effect even if its consequences are undesirable is known as the plain
meaning rule. This rule holds that the courts must interpret a statute according to its plain and ordinary meaning,
even if that interpretation leads to unintended or undesirable consequences. The plain meaning rule is based on
the principle that the legislature is presumed to have intended the meaning of its words to be clear and
unambiguous.
There are a few exceptions to the plain meaning rule. For example, the courts may not give effect to a statute
that is clearly unconstitutional. The courts may also refuse to give effect to a statute that is ambiguous or that
has been repealed by implication.
One case that illustrates the plain meaning rule is R v. Oakes. In this case, the Supreme Court of Canada was
asked to interpret a provision of the Canadian Charter of Rights and Freedoms that prohibits "unreasonable"
limits on fundamental freedoms. The Court held that the meaning of this provision was plain and that it did not
allow for any exceptions. The Court therefore struck down a law that imposed a limit on freedom of expression
that the Court found to be unreasonable.
Another case that illustrates the plain meaning rule is Chevron U.S.A. Inc. v. Natural Resources Defense
Council, Inc. In this case, the Supreme Court of the United States was asked to interpret a provision of the
Clean Air Act that allowed the Environmental Protection Agency (EPA) to regulate air pollution from new
motor vehicles. The Court held that the meaning of this provision was ambiguous and that the EPA was
therefore free to interpret it in a way that it believed was consistent with the statute's purpose.
The plain meaning rule is an important principle of statutory interpretation. It ensures that the courts do not give
effect to statutes that the legislature did not intend. However, the plain meaning rule is not always absolute. The
courts may refuse to give effect to a statute that is clearly unconstitutional or that is ambiguous.

(b) Rules of interpretation are like tools of a carpenter or sculptor. Discuss the statement while pointing out
the importance of the interpretation of statutes. Explain along with its limitations.
The analogy of "rules of interpretation as tools of a carpenter or sculptor" is apt and illustrative in understanding
the significance of interpreting statutes in the legal realm. Just as carpenters and sculptors use specific tools to
shape their creations, legal professionals use various rules of interpretation to shape the understanding and
application of statutes. Interpretation is a crucial aspect of law, as it helps bridge the gap between the written
text of statutes and their practical implementation in real-world situations. Let's delve into this analogy and its
implications, along with its limitations:
1. Tools for Shaping Meaning: Just as a carpenter selects the appropriate tools to transform raw materials into
functional structures, legal professionals use rules of interpretation to extract meaning from the language of
statutes. These tools help them shape the intended meaning of the law, enabling judges, lawyers, and citizens to
understand how the law applies to specific scenarios.
2. Precision and Nuance: Carpenters and sculptors rely on tools that allow them to work with precision and
achieve intricate details. Similarly, rules of interpretation provide legal experts with techniques to extract
nuanced meanings from statutes. This is particularly important when statutes are written broadly or vaguely,
requiring careful consideration to ensure accurate application.
3. Legislative Intent: One of the primary goals of interpretation is to uncover the legislative intent behind a
statute. Just as a sculptor may have a specific vision for their creation, legislators have intentions and purposes
when enacting laws. Interpretive rules help reveal these intentions, ensuring that statutes are applied in ways
that align with the lawmakers' goals.
4. Contextual Understanding: Carpenters and sculptors work within specific contexts to create structures that
fit their surroundings. Similarly, rules of interpretation encourage legal professionals to consider the broader
legal context, legislative history, and societal developments when interpreting statutes. This contextual
understanding helps prevent isolated or inconsistent interpretations.
5. Limitations of Interpretation: a. Ambiguity: Just as a carpenter might encounter knots or imperfections in
wood, statutes can contain ambiguous language that makes interpretation challenging. When statutes are unclear
or contradictory, relying solely on rules of interpretation might not lead to a definitive solution.
b. Evolution: The interpretation of statutes is influenced by changing societal norms, technologies, and legal
doctrines. Just as a sculptor might see their work change over time due to weathering, statutes may need
reinterpretation to accommodate evolving circumstances.
c. Subjectivity: Interpretation involves human judgment, which can be subjective. Different legal professionals
might employ the same rules of interpretation and arrive at different conclusions. This subjectivity can lead to
inconsistencies in legal application.
d. Legislative Gaps: Just as a carpenter might lack the necessary tool for a specific task, statutes can sometimes
leave gaps or fail to address certain situations. Interpretation cannot always fill these gaps adequately,
necessitating legislative action.
In conclusion, the analogy of "rules of interpretation as tools of a carpenter or sculptor" underscores the
importance of statutory interpretation in the legal field. Just as craftsmen rely on their tools to transform raw
materials into meaningful structures, legal professionals use interpretive rules to extract the intended meaning
from statutes and apply them effectively. However, like any analogy, it has its limitations, particularly in
addressing ambiguity, subjectivity, and the changing nature of the law. Legal interpretation remains a complex
and nuanced endeavor that requires a combination of tools, context, and judgment to ensure just and fair
application of the law.
……………

The statement that rules of interpretation are like tools of a carpenter or sculptor is a good analogy. Just as a
carpenter or sculptor uses tools to create a specific object, judges use rules of interpretation to create a specific
meaning from a statute.
There are many different rules of interpretation that judges can use, and the choice of which rule to use will
depend on the specific statute and the circumstances of the case. Some common rules of interpretation include:
 The literal rule: This rule requires the judge to give the words of the statute their plain, ordinary
meaning.
 The mischief rule: This rule requires the judge to interpret the statute in a way that will remedy the
mischief that the statute was intended to address.
 The golden rule: This rule allows the judge to depart from the literal meaning of the statute if doing so
would produce a manifest absurdity.
The importance of the interpretation of statutes cannot be overstated. Statutes are the law of the land, and they
govern our everyday lives. It is essential that statutes are interpreted correctly so that everyone knows what the
law requires.
However, there are also some limitations to the interpretation of statutes. One limitation is that the words of a
statute can sometimes be ambiguous. In these cases, judges may have to use their discretion to interpret the
statute in a way that they believe is fair and just. Another limitation is that statutes can sometimes be outdated or
obsolete. In these cases, judges may have to interpret the statute in a way that brings it into line with modern
times.
Overall, the rules of interpretation are an important tool that judges use to create meaning from statutes.
However, it is important to remember that these rules are not always perfect, and there may be times when
judges have to use their discretion to interpret a statute in a way that they believe is fair and just.
Here are some additional thoughts on the importance and limitations of the interpretation of statutes:
 The interpretation of statutes is important because it ensures that the law is applied fairly and
consistently. When statutes are interpreted correctly, everyone knows what the law requires and can plan
their actions accordingly. This helps to promote predictability and certainty in the law.
 However, the interpretation of statutes is also limited by the fact that statutes are written documents.
This means that they can sometimes be ambiguous or outdated. In these cases, judges may have to use
their discretion to interpret the statute in a way that they believe is fair and just. This can lead to
uncertainty and inconsistency in the law.
 Ultimately, the interpretation of statutes is a complex and challenging task. Judges must strike a balance
between giving the words of the statute their plain meaning and interpreting them in a way that promotes
justice and fairness. There is no easy answer, and judges will often have to make difficult decisions.

2. In the leading case of Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) the Supreme Court of the USA
established a principle by quoting 'It is emphatically the province and duty of the judicial department to say
what the law is'. Examine to what extent and how the same principle incorporates within the ambit of the
Constitutional Provisions of Bangladesh.

Marbury v. Madison, a landmark case in U.S. constitutional law, established the principle of judicial review,
where the courts have the authority to review and potentially invalidate laws or government actions that are
deemed unconstitutional. The famous quote "It is emphatically the province and duty of the judicial department
to say what the law is" reflects the notion that the judiciary plays a critical role in interpreting the Constitution
and determining the legality of government actions. This principle has had a profound impact on the U.S. legal
system and the balance of power among the three branches of government.
When examining the extent to which this principle is incorporated within the ambit of the constitutional
provisions of Bangladesh, it's important to consider the constitutional structure, the role of the judiciary, and the
mechanisms for judicial review in Bangladesh's legal framework.
Constitutional Provisions in Bangladesh: Bangladesh's constitution, adopted in 1972, outlines the structure of
the government and establishes the fundamental rights of citizens. It provides for a separation of powers among
the legislative, executive, and judicial branches, similar to the U.S. system. However, there are some differences
in the way judicial review is approached in Bangladesh compared to the U.S.
Judicial Role in Bangladesh: Like the U.S., the judiciary in Bangladesh also plays a crucial role in interpreting
the constitution and ensuring the supremacy of the constitution. Article 7 of the Bangladesh Constitution
establishes the supremacy of the constitution, and Article 102 provides for a mechanism of writ jurisdiction for
the High Court Division of the Supreme Court of Bangladesh. This jurisdiction allows individuals to seek
remedies for the violation of their fundamental rights.
Judicial Review in Bangladesh: While the principle of judicial review is indeed present in Bangladesh's
constitution, there are some distinctions in how it operates compared to the U.S. In the U.S., the judiciary can
strike down laws passed by the legislative branch as unconstitutional. In Bangladesh, the power of judicial
review is exercised mainly through the writ jurisdiction of the High Court Division. The judiciary can issue
writs, such as writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto, to ensure the
protection of fundamental rights and to review government actions.
Extent and Incorporation: The principle from Marbury v. Madison is incorporated in the sense that the
judiciary in Bangladesh also holds the authority to interpret the constitution and ensure its supremacy. However,
the mechanisms and scope of judicial review differ. The High Court Division's power to issue writs is focused
on the protection of fundamental rights, whereas in the U.S., the judiciary's power extends to reviewing the
constitutionality of legislation and government actions across a broader spectrum.
In conclusion, while the principle of judicial review, as established in Marbury v. Madison, is not directly
replicated in the same manner in the constitutional provisions of Bangladesh, the broader idea of the judiciary's
role in interpreting the constitution and ensuring its supremacy is present. However, the specific mechanisms
and scope of judicial review in Bangladesh's legal framework differ from those of the U.S.
……………
The principle established by the Supreme Court of the United States in Marbury v. Madison, that it is the
"province and duty of the judicial department to say what the law is," is also incorporated within the ambit of
the Constitutional Provisions of Bangladesh.
Article 7 of the Constitution of Bangladesh states that "This Constitution is the supreme law of the Republic and
no law shall be inconsistent with this Constitution." This provision establishes the supremacy of the
Constitution over all other laws, including laws passed by the legislature.
Article 102 of the Constitution of Bangladesh grants the Supreme Court the power of judicial review. This
power allows the Supreme Court to declare any law that is inconsistent with the Constitution to be void. In
effect, this means that the Supreme Court has the power to say what the law is, in the sense of determining
whether a particular law is constitutional or not.
The principle of judicial review has been used by the Supreme Court of Bangladesh to strike down a number of
laws that were found to be inconsistent with the Constitution. For example, in the case of Bangladesh Legal Aid
and Services Trust v. Government of Bangladesh, the Supreme Court struck down a law that restricted the right
to freedom of association.
The principle of judicial review is an important part of the checks and balances system in Bangladesh. It helps
to ensure that the legislature does not pass laws that are unconstitutional. It also helps to protect the fundamental
rights of citizens.
In conclusion, the principle established by the Supreme Court of the United States in Marbury v. Madison, that
it is the "province and duty of the judicial department to say what the law is," is also incorporated within the
ambit of the Constitutional Provisions of Bangladesh. This principle is an important part of the checks and
balances system in Bangladesh and helps to ensure that the legislature does not pass laws that are
unconstitutional. It also helps to protect the fundamental rights of citizens.
3. What do you understand by external expression of a statute? Discuss the significance of 'legislative history'
and 'foreign decision' as an external aid of a statute. Suppose, the Sales Tax Act of Bangladesh held that the
word, 'perfumery" means such articles as used in cosmetics and toilet goods. Noted that the Schedule 'A'
Entry 16 of the Act reads as 'cosmetics, perfumery & toilet goods excluding toothpaste, tooth powder
kumkum& soap.' Does it (perfumery) include 'Dhoop' and 'Agarbatti'? Comment.
External expression of a statute refers to the materials and sources outside of the statute itself that can be
referred to when interpreting and understanding the statute. These external aids help to clarify the meaning,
purpose, and intention of the legislatures behind the statute. Two significant external aids are 'legislative history'
and 'foreign decisions.'
Legislative History: Legislative history refers to the historical background and context of a statute, including
debates, committee reports, speeches, and other documents generated during the drafting and passage of the
statute. This history can shed light on the lawmakers' intentions, the problems they were trying to address, and
the scope of the statute. It's particularly useful when the language of the statute is ambiguous or unclear.
Foreign Decisions: Foreign decisions, also known as case law from other jurisdictions, can be helpful in
interpreting a statute, especially when the statute's language is similar to statutes in other countries. These
decisions provide insights into how similar legal issues have been interpreted and resolved in other legal
systems, helping to establish a consistent approach to interpretation.
Now, let's apply these concepts to the scenario you provided regarding the Sales Tax Act of Bangladesh and the
term 'perfumery.'
The Sales Tax Act defines the term 'perfumery' as "such articles as used in cosmetics and toilet goods."
Additionally, Entry 16 of Schedule 'A' of the Act lists "cosmetics, perfumery & toilet goods excluding
toothpaste, tooth powder kumkum& soap."
Given this context, the term 'perfumery' appears to be closely linked to articles used in cosmetics and toilet
goods. However, whether 'Dhoop' and 'Agarbatti' fall within the scope of 'perfumery' depends on their use and
common understanding.
'Dhoop' and 'Agarbatti' are generally known as incense products that release aromatic fragrances when burned.
While they do emit fragrances, the primary use of these products is not necessarily associated with cosmetics or
toiletries. They are more commonly used for religious, cultural, and aromatic purposes.
Considering the legislative history and foreign decisions, it would be prudent to examine how similar terms and
products are interpreted in other jurisdictions or in related legal contexts. If there are precedents or decisions
where 'perfumery' has been interpreted broadly to include such incense products, it could support the argument
that 'Dhoop' and 'Agarbatti' are included within the scope of 'perfumery' in the context of the Sales Tax Act.
In conclusion, while 'Dhoop' and 'Agarbatti' do emit fragrances, their primary use and context differ from
traditional cosmetics and toiletries. Without further clarification from legislative history, precedent, or relevant
foreign decisions, it may be challenging to definitively conclude whether they should be considered under the
term 'perfumery' as defined in the Sales Tax Act of Bangladesh.
………….
External expressions of a statute are those sources that are not part of the actual text of the statute, but can be
used to help interpret its meaning. These sources can include:
 Legislative history: This includes the reports, debates, and other materials that were produced during the
drafting and passage of the statute.
  Foreign decisions: The decisions of courts in other countries can be used to interpret a statute, if the
statute is similar to a statute in that country.
 Dictionary definitions: The dictionary definition of a word can be used to help interpret the meaning of
that word in a statute.
The significance of legislative history and foreign decisions as external aids to interpretation is that they can
provide insights into the meaning that the legislature intended to give to the statute. In the case of legislative
history, the reports and debates can show how the legislature understood the meaning of the statute, and what
problems it was trying to address. Foreign decisions can also be helpful, especially if the statute is similar to a
statute in that country.
In the case of the Sales Tax Act of Bangladesh, the legislative history shows that the legislature intended the
word "perfumery" to mean articles that are used in cosmetics and toilet goods. This is supported by the fact that
Schedule 'A' Entry 16 of the Act specifically excludes toothpaste, tooth powder, kumkum, and soap from the
definition of perfumery.
Dhoop and agarbattis are not used in cosmetics or toilet goods. They are used for religious purposes and to
create a pleasant smell in the home. Therefore, it is unlikely that the legislature intended for dhoop and
agarbattis to be included in the definition of perfumery.
However, it is important to note that the interpretation of a statute is ultimately up to the courts. The courts may
decide to interpret the word "perfumery" to include dhoop and agarbattis, even if this is not the most obvious
interpretation. This is because the courts have the power to interpret statutes in a way that they believe is fair
and just.
In conclusion, external expressions of a statute can be helpful in interpreting the meaning of the statute.
However, the courts have the final say on how a statute is interpreted.

4. What do you mean by metaphor? Explain the significance of using metaphors in judicial decisions by
referring to the following examples: (a) 'if any provision can be called the pole star of the Constitution then
it is the preamble', (b) 'the clause against establishment of religion by law was intended to erect a wall of
separation between church and state', (c) 'person aggrieved means not only any person who is personally
aggrieved but also one whose heart bleeds for his less fortunate fellow', (d) 'lifting up corporate veil'
A metaphor is a figure of speech that involves comparing one thing to another, usually unrelated, thing to create
a vivid and imaginative image in the reader's or listener's mind. Metaphors serve to enhance the understanding
of a concept by drawing parallels between familiar and unfamiliar ideas, thereby making the complex more
relatable and accessible.
In judicial decisions, metaphors are often used to make legal concepts, principles, and arguments more
understandable and memorable. They help bridge the gap between the often dense and technical language of the
law and the general public's comprehension. Metaphors can simplify complex legal notions and create
emotional connections, making the legal reasoning and implications of decisions more relatable. Let's examine
the examples you provided to understand the significance of using metaphors in judicial decisions:
(a) "'If any provision can be called the pole star of the Constitution then it is the preamble'"
In this example, the metaphor compares the preamble of the Constitution to the "pole star," which is a fixed and
reliable point of reference in the night sky. By using this metaphor, the judge is emphasizing the foundational
importance of the preamble in guiding the interpretation and application of the entire Constitution. The
metaphor makes the concept of the preamble's significance more vivid and comprehensible, making it easier for
readers to grasp its centrality to the Constitution's principles and values.
(b) "'The clause against establishment of religion by law was intended to erect a wall of separation between
church and state'"
This metaphor is widely known as the "wall of separation" metaphor. It describes the intention behind the clause
that prohibits the establishment of religion by law in a way that creates a clear boundary between religious
institutions and government authority. The metaphor paints a mental image of a protective boundary, helping
citizens understand that the government should not interfere with religious matters, and vice versa. This
metaphor's usage aids in clarifying the constitutional principle of religious freedom and preventing government
favoritism towards any particular religion.
(c) "'Person aggrieved means not only any person who is personally aggrieved but also one whose heart bleeds
for his less fortunate fellow'"
This metaphor expands the concept of a "person aggrieved" in a legal context. Instead of just focusing on those
directly harmed, the metaphor invokes empathy by describing someone whose "heart bleeds" for those less
fortunate. This metaphor serves to broaden the interpretation of the term and includes individuals who are not
directly affected by a situation but are deeply concerned about the well-being of others. It humanizes the legal
definition and encourages a more compassionate interpretation of who can be considered "aggrieved."
(d) "'Lifting up the corporate veil'"
This metaphor is commonly used in corporate law to describe the legal concept of piercing the corporate veil. It
suggests that there is a metaphorical "veil" separating the legal identity of a corporation from the identities of its
shareholders or owners. When the corporate veil is "lifted," it implies that the legal separation between the
corporation and its owners is being disregarded due to specific circumstances, such as fraudulent behavior or
misuse of the corporate form. This metaphor simplifies the complex legal doctrine by creating a visual image of
the legal action being taken.
In summary, metaphors in judicial decisions serve to clarify, simplify, and make legal concepts more relatable to
the general public and legal practitioners alike. They provide vivid imagery and emotional resonance, helping to
bridge the gap between technical legal language and everyday understanding. By using metaphors, judges can
effectively communicate the reasoning, implications, and principles behind their decisions, ultimately
enhancing transparency and accessibility in the legal system.
………..
A metaphor is a figure of speech that compares two things that are not literally alike, but that share some
common characteristics. For example, the phrase "the preamble is the pole star of the Constitution" compares
the preamble to a pole star, which is a star that is used to guide sailors at night. The preamble is like a pole star
because it provides guidance for interpreting the Constitution.
Metaphors can be used in judicial decisions to make the law more accessible and understandable. They can also
be used to persuade the reader or listener to agree with the judge's decision. In the examples you provided, the
metaphors are used to:
 Make the law more accessible: The metaphor "the preamble is the pole star of the Constitution" makes
the abstract concept of the preamble more concrete and easier to understand.
  Persuade the reader or listener: The metaphor "the clause against establishment of religion by law was
intended to erect a wall of separation between church and state" is a powerful way to argue that the First
Amendment prohibits the government from establishing a state religion.
 Enrich the meaning of the law: The metaphor "person aggrieved means not only any person who is
personally aggrieved but also one whose heart bleeds for his less fortunate fellow" expands the meaning
of the word "aggrieved" to include people who are not directly affected by a wrong, but who are morally
outraged by it.
 Make the law more memorable: The metaphor "lifting up corporate veil" is a memorable way to
describe the process of piercing the corporate veil, which is a legal doctrine that allows a court to hold a
corporation's shareholders liable for the corporation's debts.
In conclusion, metaphors can be a powerful tool for judges to use in their decisions. They can make the law
more accessible, persuasive, and memorable.

5. What do you mean by the internal expression of a statute? Discuss with examples. Elucidate the purposes of
using the internal expression of a statute. Give a brief description of the interpretative value of the following
expressions: short title, long title, preamble, marginal notes, and schedule.
The internal expression of a statute refers to the various components and elements within the text of a legislative
enactment that aid in understanding its meaning, scope, and intent. These components provide context and clues
for the interpretation and application of the statute. Understanding the internal expression is essential for legal
practitioners, judges, and scholars to correctly interpret and apply the law.
Let's discuss the components of the internal expression of a statute and their interpretative values:
1. Short Title: The short title is a concise name given to the statute that usually appears at the beginning of
the text. It provides a quick reference to the statute and its subject matter. For example, "The
Environmental Protection Act, 2020" indicates that the statute is related to environmental protection.
2. Long Title: The long title is a more detailed description of the statute's purpose and scope. It gives an
overview of the subject matter that the statute intends to address. For example, the long title of "The
Consumer Protection Act, 2019" might outline the intention to safeguard consumer rights and regulate
unfair trade practices.
3. Preamble: The preamble is an introductory statement that explains the reasons, motives, and objectives
behind enacting the statute. It sets out the background and context for the legislation. For instance, a
statute related to "The Promotion of Education in Rural Areas Act, 2021" might have a preamble
explaining the need to enhance educational opportunities in rural regions.
4. Marginal Notes: Marginal notes are brief summaries of the sections or provisions that appear in the
margins next to the relevant text. They serve as aids to quickly locate and understand the content of
different sections. However, marginal notes are not legally binding and cannot be used to override the
clear language of the statute.
5. Schedule: A schedule is a separate annexure to the statute that contains additional information, such as
lists, forms, or tables, that are relevant to the operation of the statute. For example, a tax statute might
include a schedule listing tax rates for various income brackets.
The purposes of using the internal expression of a statute are as follows:
1. Clarity and Understanding: These components enhance the clarity of the statute's intent, making it easier
for individuals to understand their rights, obligations, and the scope of the law.
2. Interpretation: Judges and legal practitioners use these elements to interpret the statute's meaning and
intention. These components provide context that can guide courts in determining the legislative intent when
the language of the statute is ambiguous.
3. Aid in Decision-Making: Legal professionals refer to the internal expression to make informed decisions in
legal cases. It helps them determine whether the specific facts of a case fall within the intended scope of the
statute.
4. Historical Context: The preamble and long title provide insight into the historical context that led to the
enactment of the statute, which can be crucial in understanding its purpose and intent.
5. Comparative Analysis: Lawyers and judges can compare the text of a statute with its long title, preamble,
and other components to ensure that its provisions align with the intended purpose.
In summary, the internal expression of a statute consists of various elements that collectively help in
understanding the law's intent, scope, and purpose. These components play a crucial role in legal interpretation
and decision-making, ensuring that the law is applied accurately and justly.
………….
The internal expression of a statute refers to the text of the statute itself, including its short title, long title,
preamble, marginal notes, and schedule. These expressions can be helpful in interpreting the meaning of the
statute, as they can provide insights into the legislature's intent.
 Short title: The short title is a brief name that is given to a statute. It is often used in everyday speech
and in legal documents. The short title can be helpful in interpreting the meaning of the statute, as it can
provide clues about the statute's subject matter. For example, the short title of the Indian Penal Code is
"The Code of Criminal Procedure, 1898." This tells us that the statute is about criminal law.
 Long title: The long title is a more detailed description of the statute's purpose and scope. It is often
longer than the short title, and it may include references to other statutes or legal principles. The long
title can be helpful in interpreting the meaning of the statute, as it can provide more information about
the legislature's intent. For example, the long title of the Indian Penal Code is "An Act to consolidate the
law relating to offences in India." This tells us that the statute is about consolidating (combining) the law
relating to offences in India.
 Preamble: The preamble is a statement of the statute's purpose. It is often found at the beginning of a
statute, and it may be followed by a list of the statute's sections. The preamble can be helpful in
interpreting the meaning of the statute, as it can provide insights into the legislature's intent. For
example, the preamble to the Indian Constitution states that the Constitution is intended to secure to its
citizens "justice, liberty, and equality of opportunity." This tells us that the Constitution is about
protecting the rights of its citizens.
 Marginal notes: Marginal notes are notes that are added to the text of a statute to provide additional
information or explanation. They are often found in the margins of the statute, and they may be written
by the legislature or by the courts. Marginal notes can be helpful in interpreting the meaning of the
statute, as they can provide additional insights into the legislature's intent. For example, the marginal
note to section 300 of the Indian Penal Code states that "culpable homicide is the unlawful killing of a
human being with intention or knowledge." This tells us that section 300 of the Indian Penal Code is
about unlawful killing.
  Schedule: A schedule is an appendix to a statute that contains additional information or provisions.
Schedules are often used to list specific items or to provide more detailed information about a particular
provision of the statute. Schedules can be helpful in interpreting the meaning of the statute, as they can
provide additional information that is not found in the main text of the statute. For example, the schedule
to the Indian Penal Code lists the different types of offences that are punishable under the statute.
In conclusion, the internal expression of a statute can be helpful in interpreting the meaning of the statute. The
short title, long title, preamble, marginal notes, and schedule can all provide insights into the legislature's intent.
However, it is important to remember that the courts have the final say on how a statute is interpreted.

6. What do you understand by the maxim 'ut res magisvaleat quam pereat'? Discuss the utility of this maxim in
the interpretation of statutes. Suppose, the defendant placed a trolley in the passageway for unloading in a
normal course of working. The concerned statute states 'all passages and gangways of a factory to be kept
free from any obstruction'. Does the act of the defendant amount to the obstruction of the passageway?
The Latin maxim "ut res magis valeat quam pereat" translates to "that the thing may rather have effect than
perish." This maxim embodies the principle of statutory interpretation that guides courts to interpret laws in a
way that gives them effect and meaning, rather than rendering them ineffective or meaningless. In other words,
when interpreting statutes, courts strive to adopt an interpretation that preserves the intent and purpose of the
law, rather than nullifying it due to a strict or narrow reading.
In the context of the given statute, "all passages and gangways of a factory to be kept free from any
obstruction," the maxim "ut res magis valeat quam pereat" would suggest that the court should interpret the
statute in a way that upholds its purpose of ensuring safe and unobstructed passage in factory premises. This
interpretation aims to give effect to the legislative intent rather than rendering the provision ineffective due to
overly technical or rigid reading.
In the scenario you've presented, where the defendant placed a trolley in the passageway for unloading as part
of the normal course of working, the question arises whether this action amounts to obstruction of the
passageway. To determine this, courts would likely consider the following factors:
Legislative Intent: What was the purpose behind including the provision that requires keeping passages and
gangways free from obstructions? If the intent was to ensure unobstructed movement for safety reasons, then
the court might lean towards an interpretation that aligns with this intent.
Ordinary Meaning: What is the ordinary or common sense meaning of the term "obstruction"? Does placing a
trolley temporarily in the passageway, even for legitimate work-related purposes, still hinder or impede
movement? If so, it might be considered an obstruction.
Context: How does the action of placing a trolley in the passageway relate to the overall function and operation
of the factory? If such actions are commonly performed and are essential to the factory's operation, the court
might take that into account.

Precedents and Case Law: Are there any past legal decisions that dealt with similar situations? If so, how were
those cases interpreted, and what principles were applied?
In applying the maxim "ut res magis valeat quam pereat," the court might adopt an interpretation that takes into
account the practical realities of factory operations while still ensuring the safety and unobstructed movement of
individuals in the passageway. This could involve considering whether the trolley placement was temporary,
whether there were alternative routes available, and whether the placement posed a significant hindrance to
passage.
Ultimately, the court's decision will be influenced by the specific facts of the case, the jurisdiction's legal
principles, and the court's determination of the most reasonable and effective way to interpret the statute to
fulfill its intended purpose.
………
The maxim "ut res magis valeat quam pereat" is a Latin phrase that means "it is better that a thing should have
effect than that it should be rendered void." This maxim is used in the interpretation of statutes to ensure that
statutes are given effect, even if there is some ambiguity in the language of the statute.
The utility of this maxim in the interpretation of statutes is that it prevents statutes from being rendered void or
inoperative simply because there is some ambiguity in the language of the statute. The maxim encourages courts
to interpret statutes in a way that gives them effect, rather than interpreting them in a way that renders them
void.
In the case of the defendant who placed a trolley in the passageway for unloading in a normal course of
working, the question is whether the act of the defendant amounts to the obstruction of the passageway. The
statute states that "all passages and gangways of a factory to be kept free from any obstruction." The maxim "ut
res magis valeat quam pereat" would suggest that the court should interpret this provision in a way that gives it
effect, rather than interpreting it in a way that renders it void.
In this case, the court could interpret the provision to mean that passages and gangways should be kept free
from any obstruction that is not necessary for the normal course of working. The court could then find that the
defendant's act of placing a trolley in the passageway for unloading was not an obstruction, because it was
necessary for the normal course of working.
However, the court could also find that the defendant's act of placing a trolley in the passageway was an
obstruction, even though it was necessary for the normal course of working. The court could find that the
obstruction caused by the trolley was unreasonable, and that it posed a safety hazard to workers in the factory.
Ultimately, the question of whether the defendant's act of placing a trolley in the passageway amounts to the
obstruction of the passageway is a question of fact that will be decided by the court on a case-by-case basis. The
maxim "ut res magis valeat quam pereat" will be one of the factors that the court will consider when making its
decision.

7. (a) Differentiate interpretation from construction.

(b) Dolton state sales corporation had two contracts with Polar foreign corporation for the sale of 'chicken'.
After Polar received one shipment of stewing chicken and another was stopped, Polar brought a breach of
warranty action, alleging that the goods sold should have corresponded to the description because the
chicken was not suitable for broiling and frying.
The "ejusdem generis" rule is a legal principle used in the interpretation of statutes or contracts. It's a Latin
term that translates to "of the same kind or class." This rule is applied when a list of specific words is
followed by more general words in a statute or contract. The purpose of the rule is to help determine the
scope and meaning of the general words by associating them with the specific words that precede them.
In simpler terms, if a law or contract includes a list of specific items or categories followed by a general
term, the general term is interpreted to include only things that are of the same kind or class as those
specifically listed.
For example, let's say a law states:
"The sale of fruits such as apples, oranges, bananas, and other fruits is prohibited."
In this case, the ejusdem generis rule would suggest that the term "other fruits" would be interpreted to mean
fruits of the same kind or class as apples, oranges, and bananas.
However, it's worth noting that the application of the ejusdem generis rule can vary depending on
jurisdiction and context, and it's not always strictly applied in every situation. Courts consider the overall
context and purpose of the statute or contract when interpreting it.
This rule is one of several tools used by courts and legal professionals to interpret and clarify the meaning of
laws and contractual provisions.