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Law Notes 16mrks

This Website and 16mrks App has been developed for law students as reading law books and making notes from them in law school is a cumbersome process. 16mrks helps solve this problem. Law notes are based on questions asked for 16 marks for BSL / BA LLB Course and LLM Course. These notes can also be referred for Civil Competitive Exams i.e. UPSC and MPSC .

Please take note that all topics might not be covered. New topics will be added over updates.

Frequently asked questions are covered.

Courses:

1. BSL / BA LLB

2. LLB

3. JMFC / UPSC / MPSC

Reference books : As suggested by the University of Pune in their syllabus.

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I. Statute read as a whole and in its context

A provision should not be read in isolation but along with the other provision of the statute, it should be read as a part of a whole in its context. The meaning of one section alone is not be considered.

Padma Sundara Rao v. State of T.N (2002)

It was stated in this case, a provision has to be read as a whole and in its context. Statutes have to be read as whole as to find out real intention of the legislature. For this the court may,

1) hold that these conflicting provision deal with separate situations or

2) consider that one provision merely provides for an exception to the general rule contained in it.

Grasim Industries Ltd v. Collector of Customs(2002)

In matters of interpretation one should not concentrate too much on one word and pay too little attention to other words. No provision in the statute and no word in any section can be construed in isolation. Every provision and every word must be looked at generally and in the context in which it is used. It is said that every statute is an edict of the legislature. The elementary principles of interpreting any word while considering a statute is to gather the mens or sententia legis of the legislature.

Union of India v. Elphistone Spg. & Wug. Co. Ltd. (2001)

The Supreme Court observed in this case, when the questions arises as to the meaning of a certain provisions in a statute it is not only legitimate but proper to read that provision in its context. The context means the statute as a whole, the previous state of law, other statute in pari materia ( in similar condition or state), the general scope of the statute and the mischief that it was intended to remedy. This rule is now firmly established as evidenced by a number of cases.

M.P Sethurama Menon v. Meenakshi Amma.

The Kerala High Court in this case construed the expression “ trade or business” as connoting commercial activity and as not including the practice of the legal profession. The learned judges referred to Article I9(1)(g), Constitution of India, section 49 , Advocates Act, 1961 ; the Madars Shops and Establishments Act 1947 and drew a distinction between the words”business” and “ profession”

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