Tuesday 3 May 2022

Interpretation of Statutes: Short Q and A: Part 3

 Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. This article is the collection of the short questions and answers on the interpretation of statutes.

 

Interpretation of Statutes: Short Q and A: Part 3

 

21) What is a temporary statute?

Ans. A temporary statute is a statute that contains a clause limiting the duration of its validity and operation.

22) When a statute becomes temporary?

Ans. A statute is temporary when the legislature fixes the period during which it remains in operation and unless extended ceases to have the operation on the expiry of the period so fixed by the legislature.

23) Under which situations a statute is repealed impliedly?

Ans. A statute is presumed to have been repealed impliedly in the following cases:

I. If the provisions of the former enactment are clearly repugnant to those of the subsequent enactment.

II. If the application of the two statutes at the same time would wholly result in absurd consequences.

III. If the entire subject matter of the first enactment is taken away by the second enactment.

24) What is the purpose of the General Clauses Act, 1897?

Ans. The General Clauses Act is to consolidate General Clauses Act, 1868 and 1887.

25) Is General Clauses Act, 1897 colonial law? Who enacted this Act in India?

Ans. Yes, the General Clauses Act, 1897 is colonial law enacted in the territory of India under British Rule and is still enacted in India.

26) What is the extent of definitions given in the General Clauses Act, 1897?

Ans. Definitions given in the General Clauses Act, 1897 is having extent to all Central Acts and Regulations made after the enactment of this Act.

27) What is the meaning of ‘abet’ in the General Clauses Act, 1897?

Ans. In the purview of the General Clauses Act, 1897 the meaning of abet with all its all grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code, 1860.

28) What is the meaning of ‘abet’?

Ans. The term ‘abet’ is a verb having meaning ‘encourage or assist (someone) to do something wrong, in particular, to commit a crime and encourage or assist someone to commit (a crime)’.

29) What do you mean by an ‘act’ in law?

Ans. As per the General Clauses Act, 1897 the meaning of the act is used with to an offence or a civil wrong.

30) What is included in ‘act’ when it is used in law?

Ans. An ‘act’ includes an offence or a civil wrong. There may be a series of offences or civil wrongs included in the term ‘act’. Also illegal omissions are included in the term ‘act’.

 

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