CS EXECUTIVE SOLVED PAPER GCL GENERAL AND ... - cs notes

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CS EXECUTIVE SOLVED PAPER GCL -The President can make ordinances on any item on which the Parliament can legislate,but is currently unable to do so. -Such ordinances will be temporary in effect, and they have to be placed before the Parliament when it is next in session. Ordinance making power of the Governor of a state as provided in the Constitution of India Under Article 213 the Governor has the power to make ordinances for a state when the house or houses of the state re not in session and it is essential to make a law. This is a part of the legislative powers given to the governor under the Constitution of India. The following important points in this regard have to be kept in mind – -This power can be utilized in cases of exigency. -If there is a normal route to make the law available it must be followed. -It can only be used to make laws that can be passed without the sanction of the President. -The ordinance would only have temporary powers, and will have to be laid down before the houses when they are next in session. This power will be used when both the houses or one house is not in session and it is not possible to make a law with the one house in session. Chapter - 2 : Interpretation of Statutes 2010 - Dec [1] {C} (c) “Rule of ejusdem generis is merely a rule of construction to aid the courts to find out the true intention of the legislature.” Explain.(6 marks) Answer : Rule of Ejusdem Generis - It is one of the basic principles of interpretation. The term itself means ‘of the same kind’, and helps when the statute is not clear as to the implications and coverage. The rule says that when there is a specific class or classes of acts or things or persons defined in an Act, any word occurring subsequently will be bound by their coverage, i.e. a wider meaning than the one defined cannot be taken. For example, under the Central Excise Tariff Act, there are lists of items that come under the same head. If one of the lists say that it is to include textile articles, viz, clothing, sheets, bed covers, etc., it can in no way be inclusive of articles that cannot be termed strictly as being made of textile, like sheets made majorly of a synthetic fibre, though containing a small percentage of cotton fibre. Hence, if the list is an exhaustive or fairly indicative list, a wider meaning cannot be given to it. If, however, there is no specific list, or the class is not that well defined, the application could cover a wider scope. The universal logic behind this principle is that if a statute had been intended for a general coverage, it would not have included specific words to define the scope of its usage. It is essential though, that this rule should be used with discretion, because there exists the practical risk of the act becoming too specific for actual use. Keep visiting www.cshindinotes.com Page 2
CS EXECUTIVE SOLVED PAPER GCL This rule is merely a rule of construction to help the Courts to find out the true intention of the Legislature (Jage Ram v. State of Haryana, AIR 1971 SC1033). In order to make the rule applicable, the following conditions must exist: (1) The statute contains an enumeration by specific words, (2) The members of the enumeration constitute a class, (3) The class is not exhausted by the enumeration, (4) A general term follows the enumeration, (5) There is a distinct genus which comprises more than one species, and (6) There is no clearly manifested intent that the general term be given a broader meaning that the doctrine requires. Hence, we can safely conclude that "Rule of ejusdem generis is merely a rule of construction to aid the courts to find out the true intention of the legislature." Chapter - 3 : An Overview of Law Relating to Specific Relief; Arbitration and Conciliation Torts; Limitation and Evidence 2010 - Dec [2] Write notes on the following : (i) Circumstantial evidence(4 marks) (ii) Appointment of experts by an arbitral tribunal under the Arbitration and Conciliation Act, 1996.(4 marks) (iii) The rule of strict liability as laid down in Rylands vs. Fletcher(4 marks) (iv) Rules relating to presumption(4 marks) Answer : (i) Circumstantial evidence is that derived from the surrounding facts. For example, if in a room, an attempt to murder has taken place, the state of the things in the room will be taken into consideration as circumstantial evidence. For although, the state of things by itself is not sufficient proof that a murder took place, but it can strongly indicate to it, through the signs of struggle in the room, the sight of blood, a weapon lying on the ground etc. In the absence of primary evidence, circumatantial or secondary evidence can be relied upon to give an idea about the situation. It cannot, however, be used by itself in murder cases. Under Section 60 of the Evidence Act of the English law, the expression "direct evidence" is not intended to exclude circumstantial evidence of things which could be seen, heard or felt. Thus, evidence whether direct or circumstantial under English law is "direct" evidence under Section 60. Before acting on circumstances put forward are satisfactorily proved and whether the proved circumstances are sufficient to bring the guilt to the accused the Court should not view in isolation the circumstantial evidence but it must take an overall view of the matter. Keep visiting www.cshindinotes.com Page 3
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