1. Section – I Introduction & Corporate Insolvency Resolution Process(CIRP) under Insolvency and Bankruptcy Code, 2016.
2. Section – II IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
3. Section -III Adjudicating Authority for Corporate Persons
4. Section – IV Offences and Penalties

Question No.1: MCQ for Pre Test- Corporate Restructuring, Valuation and Insolvency 

Which of the given statement is incorrect in respect of “Corporate Applicant” means?

• Corporate Debtor, or
• An individual who is in charge of managing the operations and resources of the corporate debtor, or
• A person in favour of whom security interest is created or
• A person who has the control and supervision over the financial affairs of the corporate debtor

Question No.2

Bankruptcy Law Reforms Committee (BLRC) was set up under the Chairmanship of Shri______

• J J Irani
• TK Viswanathan
• N L Mitra
• V B Eradi

Question No.3: MCQ for Pre Test- Corporate Restructuring, Valuation and Insolvency 

_________ is an offer to the shareholders of a company, who are not promoters of the company or the sellers of the shares under an agreement, to buy their shares in the company at the offered price within the stipulated period of time.

• Friendly takeover
• Hostile takeover
• Buy-back
• Takeover bid

Question No.4

An appeal by aggrieved party against the order refusing any circular under sub-section 238 of the Companies act, 2013 shall be supported with_____ in the Form No. NCLT.6

• Statement by or on behalf of the transferee company
• Circular
• Offer of scheme
• Affidavit

Question No.6

As per Section 24(3) of the IBC (Code), the resolution professional shall give notice of each meeting of the committee of creditors to operational creditors or their representatives if the amount of their aggregate dues is_____ of the debt.

• not less than ten percent
• not more than ten percent
• not less than twenty percent
• not more than twenty percent

Question No.7

Where the Chairperson of the meeting files the report of the meeting called under section 230 of the Companies Act, 2013, the Company shall present the petition to the Tribunal (NCLT) in Form No.______ for the sanction of the scheme

• CAA-4
• CAA-5
• NCLT-3
• NCLT-4

Question No.8

______________ is an investment strategy of using borrowed money, specifically, the use of various financial instruments or borrowed capital to increase the potential return of an investment.

• Rehabilitation finance
• Leverage
• Depository receipt
• Funding through Swaps

Question No.9

Under Section 94 a debtor shall not be eligible to apply for insolvency resolution process if an application regarding insolvency resolution process has been admitted in respect of the debtor during the period of _________the date of submission of the application under this Section

• Six months preceding
• Thirty six months preceding
• Three months preceding
• Twelve months preceding

Question No.10

Which one of the following is not a common reason for voluntary liquidation of companies?

• Not carrying business operations
• Commercially unviable
• Mismanagement
• Running into losses

Question No.11

The_______ is designed to assist States to equip their insolvency laws with a modern legal framework to more effectively address cross-border insolvency proceedings concerning debtors experience severe financial distress or insolvency

• United States Bankruptcy Code
• Insolvency and Bankruptcy Code, 2016 (India)
• United Nations Commission on International Trade Model Law
• Bankruptcy Act, 1966 (Australia)

Question No.12

In case of listed company, public announcement of buy-back shall be made within________

• 10 working days from the date of Board/shareholder’s resolution
• 2 working days from the date of Board/shareholder’s resolution
• 15 working days from the date of Board/shareholder’s resolution
• 30 working days from the date of Board/shareholder’s resolution

Question No.13

_______is a meaningful analysis of the collected information to arrive at some decision about the potential transaction. It is integral to business It is exercised in a simple over-the-counter transaction or a complicated merger and acquisition transaction.

• Future projection
• Due diligence
• Planning
• Budgeting

Question No.14

Debt restructuring mechanisms such as Framework for Revitalizing Distressed Assests, Corporate Debt Restructuring Scheme (CDR) and the Joint Lenders’ Forum (JLF) Framed by______ has been withdrawn vide a circular dated 12 February 2018.

• SBI
• IBBI
• RBI
• SEBI

Question No.15

The Law of Insolvency in India owes its origin to_________

• German’s Law
• Australia’s Law
• USA’s Law
• English Law

Question No.16

According to section 281(1), where the tribunal has made a winding up order or appointed a Company liquidator, such liquidator shall,_______ from the order, submit to the tribunal, a report containing the particulars, like, the nature and details of the assets of the company, amount of capital issued, subscribed and paid-up, guarantees etc.

• within thirty days
• within sixty days
• within ninety days
• within one eighty days

Question No.17

Where a scheme of compromise or arrangement is proposed, the Tribunal (NCLT) may order a meeting of_______

• Board of Directors
• Creditors or members or any class of them
• Shareholders and company
• Debtors or any class of them

Question No.18

The authorized representative shall circulate the minutes of the meeting received by the resolution professional to creditors in a class and announce the voting window_______ before the window opens for voting instructions and keep the voting window open for at least twelve hours.

• At least twenty-four hours
• At least forty-eight hours
• At least Ninety-six hours
• At least Seventy-two hours

Question No.19

______________ is not termed as capital assets as per Section 2(14) of the Income Tax Act, 191

• Property of any kind held by an assessee, connected with his business or profession
• Property of any kind held by an assessee, not connected with his business or profession
• Any securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the regulations made under SEBI Act, 1992
• Stock in trade

Question No.20

Which one is not a part of an External restructuring?

• Restructuring through acquisition of controlling stake
• Restructuring through mergers
• Restructuring through conversion of debt of the corporate debtor into securities of the Corporate debtor
• Restructuring through creation of new departments to serve growing markets or downsizing departments to conserve overheads

Question No.21

An application for merger and amalgamation shall be filed with NCLT by_________

• Only Transferor Company
• Only Transferee Company
• Both Transferor and Transferee Company
• By only target company

Question No.22

The Insolvency and Bankruptcy Code, 2016 is drafted by the_______

• Raghuram Rajan committee
• Bankruptcy Law Reforms committee
• Financial Sector Legislative Reforms Commission
• J J Irani Committee

Question No.23

_________ Merger involves firm engaged in unrelated types of activities.

• Vertical
• Horizontal
• Conglomerate
• Demerger

Question No.24

The Competition Act provides for a deemed clearance if the Competition Commission of India (CCI) does not pass an order_______ from the date of notification.

• Within 180 days
• Within 200 days
• Within 210 days
• Within 365 days

Question No.25

Section 54A of the Insolvency and Bankruptcy Code, 2016, lays down the provisions of a pre-packaged insolvency resolution process MSME’ Threshold Cap in Turnover for Small Enterprise is_____

• 1 crore
• 10 crore
• 50 crore
• 250 crores

Question No.26

Which of the following shall supervise the implementation of the scheme of compromise arrangement after it is sanctioned by the Tribunal?

• Central Government
• Creditors or members or any class of them
• Official Liquidator
• NCLT

Question No.27

Valuation involves financial modeling, in case of merger/ amalgamation, calculating the______ is at the core of the valuation process

• Debt-equity ratio
• Swap Ratio
• EBIT
• Earnings per share

Question No.28

If the Current dividend is Rs. 20, share price is Rs. 150 and annual dividend growth rate is 10 Percent per annum. Calculate the rate of return as per Gordon growth model.

• 14.67 Percent
• 26.67 Percent
• 13.33 Percent
• 10 Percent

Question No.29

Faimess opinion issued by_______ on the scheme of amalgamation shall be filed along with scheme of amalgamation.

• Bankers
• Auditors
• Merchant Banker
• Directors

Question No. 30

Who may order for amalgamation of Companies under section 237 of the Companies Act, 2013, if it is satisfied that such amalgamation is in public interest?

• Registrar of Companies
• NCLT
• Central Government
• Competition Commission of India

Question No.31

_________ gives the holder the right to buy the shares at a predetermined period of time and at a predetermined price under which the price of the underlying stock is expected to rise.

• Derivative
• Call option
• Put-option
• Future contact

Question No.32

As per rule 25 of the Companies (Companies, Arrangements and Amalgamations) Rules, 2016, the notice of the meeting to file members and creditors under section 233 of the Company Act, 2013 shall be accompanied by declaration of solvency in_______

• Form No. CAA 10
• Form No. CAA 11
• Form No. CCA 9
• Form No. CAA 12

Question No.33

Return of buy-back of a listed company shall be filed with_______ within________ days of such completion.

• Registrar, Thirty
• SEBI, Thirty
• Registrar and SEBI; Thirty
• Registrar and SEBI; Fifteen

Question No.34

Section 53 Insolvency and Bankruptcy Code, 2016 deals with distribution of assets in liquidation. In case of liquidation, which one is the correct order for distributing the assets?

• • Fees of insolvency professional
  • Employee wages,
  • Workmen’s dues for preceding 24 months and security creditors.
  • Unsecured creditors

• • Fees of insolvency professional
  • Workmen’s dues for preceding 24 months and security creditors.
  • Shareholders
  • Unsecured creditors

• • Fees of insolvency professional
  • Workmen’s dues for preceding 24 months and security creditors.
  • Employee wages
  • Unsecured creditors

• • Fees of insolvency professional
  • Workmen’s dues for preceding 24 months and security creditors.
  • Shareholders
  • Governments dues

Question No.35

What type of body is Competition Commission of India (CCI)?

• Administrative body
• Judicial body
• Quasi-judicial body
• Tribunal

Question No. 36

Appointment of _________ is mandatory for monitoring the compliance of the securities laws and for redressal of investors grievances in case of IPO by issuer company.

• Merchant Banker
• Registrar to issue
• Underwriters to the issue
• Compliance Officer

Question No.37

The Financial Creditor shall file_______ with NCLT to initiate insolvency proceedings against the Corporate Debtor.

• Form 5
• Form 1
• Form 2
• Form 3

Question No.38

Choose correct options, during the period of moratorium, the debtor shall

• Dispose of or alienate any of his assets;
• Not inform his business partners that he is undergoing a fresh start process,
• Not travel outside India expect with the permission of the Adjudicating Authority
• Act as a director of any company, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company,

Question No.39

Small companies are required to conduct only________ in a year whereas private limited companies not classified as small companies have to conduct four board meetings in a year.

• 1 board meeting
• 2 board meetings
• 3 board meetings
• 4 board meetings

Question No.40

The Manager to the open offer shall file a report with the Board (SEBI) within______ from the expiry of the tendering period.

• Twelve working days
• Fifteen working days
• Twenty one working days
• Twentey six working days

Question No.41

A Practicing Company Secretary can be appointed as a Technical Member of NCLT, provided he has_________ working experience as secretary in whole-time practice.

• 15 Years
• 10 Years
• 20 Years
• 8 Years

Question No.42

“Which Committee proposed significant charges to make the restructuring and liquidation process speedier, efficient and effective and accordingly amendments were made to (RDDBFI) Act, 1993 and (SARFAESI) 2002?

• Narasimham Committee||
• Tiwari Committee
• J JIrani Committee
• Bankruptcy Law Reforms committee (BLRC)

Question No. 43

______________ is not a Debt Recovery Appellate Tribunal (DRAT)

• DRAT Delhi
• DRAT Mumbai
• DRAT Jaipur
• DRAT Allahabad

Question No.44

Which of the following persons/ authorities is not entitled to receive a notice of a meeting convened by the order of NCLT in respect of a scheme of amalgamation?

• Members or a class of members
• Auditor
• Income-Tax Authorities
• Central Government

Question No.45

Capital reduction, in simple words, means________

• Cancellation of paid-up capital
• Cancellation of subscribed capital
• Cancellation of uncalled capital
• Cancellation of authorized capital

Question No.46

Which one of the following is not a current asset?

• Stock of raw material
• Cheques not yet cleared
• Preliminary expenses
• Marketable Shares shown as Stock

Question No.47

Where all financial creditors are related parties of the corporate debtor the committee of creditors shall comprise of________

• All debentureholders
• Insolvency resolution professional and authorized representative
• 18 largest operational creditors by value and one representative each of workman and of employees
• All of the above

Question No.48

A company has authorized and paid-up capital of Rs 1, 00,000. The Company further wants to issue new equity shares for cash through preferential offer. What is the immediate action that the Company shall take w.r.t capital?

• Consolidation of share capital
• Reduction of share capital
• Increase in authorized share capital
• Sub-division of share capital

Question No.49

Who among the following constitutes the committee of creditors under Insolvency and Bankruptcy Code 2016?

• Insolvency professional
• Financial or operational creditor
• Interim resolution professional
• Adjudicating Authority

Question No.50

______ is a merger in which a private company becomes a public company by acquiring it

• Reverse merger
• Conglomeration
• Divestiture
• Demerger

Download : 1-50 MCQ Questions

https://www.mca.gov.in/content/mca/global/en/home.html

1. Section 66A of Information Technology Act was held unconstitutional in the case of
a) Justice K. S. Putta swamy Vs Union of India
b) M P Sharma Vs Satish Chandra
c) Shreya Singhal Vs Union Of India
d) Gagan Harsh Sharma Vs The State of Maharashtra

2. A Teacher is not a workman within the purview of Industrial Disputes Act, held in the case of

a) The Workmen vs Greaves Cotton & Co. Ltd. & Ors
b) John Joseph Khokar Vs Bhadange B. S. & ors
c) A. Sundarambal Vs Government of Goa
d) Dinesh Sharma and Ors. Vs State of Bihar

3. According to Factories_Act_1948
a) “child” means a person who has not completed his fifteenth year of age;
b) “child” means a person who has not completed his fourteenth year of age
c) “child” means a person who has not completed his eighteenth year of age
d) “child” means a person who has not completed his sixteenth year of age

4. The UNCITRAL Model Law and Rules do not become part of the Arbitration Act so as to become an aid to construe the provisions of the Act.- held in the case of
a) Union of India Vs East Coast Boat Builders and Engineers Ltd.,
b) Union of India Vs M.C. Mehta
c) Tata Press Ltd Vs Union of India
d) Union of India Vs Indian Change Chrome Ltd

5. According to Section 7(4) of the Arbitration and Conciliation Act, an arbitration agreement is in writing if it is contained in—
a) a document signed by the parties;
b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement;
c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.
d) All of the above

6. Waiver of right to object deviance from arbitration agreement is mentioned under ——— of the Arbitration and Conciliation Act
a) Section 7
b) Section 4
c) Section 20
d) Section 22

7. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title.
He will not be allowed to prove his want of title.- Which Section of the Evidence Act is applicable?

a) Section 92
b) Section 124
c) Section 115
d) Section 101

8. The Arbitration Act 1996 repeals
a) The Arbitration Act, 1940,
b) The Arbitration (Protocol and Convention) Act, 1937
c) the Foreign Awards (Recognition and Enforcement) Act, 1961.
d) All of the above

9. Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of
a) Unlawful Assembly
b) Arrest without warrant
c) search and seizures
d) Plea bargaining

10. Security for good behaviour from habitual offenders is dealt under
a) Section 109 in Cr.P.C

b) Section 110 of Cr.P.C

d) None of the above

Information

What is relation between Law and morality?

What is difference between law and morality?

Here are the some multi-choice questions enlisted for preparation for Pre Examination online Test, E-Learning ICSI & LAWs, LLB Law Examination.

These Multi-choice questions or MCQs can help you in your CS & CA and other law related exams. We have also provided Online exam solved answers for your preparation.

Note: Answers highlighted in Green are right answers.

91. What is similarity in law and morals?

a. both regulate human conduct
b. both not regulate human conduct
c. both use similar language
d. above a and c is correct

92. Morals have ______.

a. Universal values
b. various from society to society
c. various from time to time
d. various from person to person.

93. Law looks to __________.

a. external conduct
b. internal conduct
c. both a and b
d. none of above

94. The statutes dealing with tax are termed as ______.

a. civil statues
b. penal statute
c. fiscal statutes.
d. personal statutes

95. When there is a conflict between two or more statues or two or more parts of a statute then the rule

a. welfare construction
b. strict construction
c. harmonious construction
d. none of above

96. Pith and substance is a legal doctrine in ________.

a. Canadian constitutional interpretation
b. Indian constitutional interpretation
c. Indian and Canadian Constitutional interpretation
d. none of above

97. The doctrine of colorable legislation refers to the

a. question of competency of the legislature
b. question of fact
c. question of jurisdiction
d . nature of legislation

98. Repugnancy as an inconsistency or contradiction between two or more parts of a legal instrument

a. true
b. false
c. can’t say

99. Law Commission of India is ________.

a. executive body
b. judicial body
c. legislative body
d. quasi-judicial body

100. The first Law Commission was established during the British Raj era in _____.

a. 1834
b. 1836
c. 1860
d. 1881

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E-Learning ICSI & LAWs Law Examination.

Multi-choice questions or MCQs for CS & CA exams.

ICSI Online exam solved answers.

Read More…

The Supreme Court is the highest judicial court in India. It upholds and uplifts the rule of law and also ensures and protects citizens’ rights and liberties as given in the Constitution. Therefore, the Supreme Court is also known as the Guardian of the Constitution.

Parliament of India

Parliament of India consists of the President and two houses. The lower house is called the House of the People- Lok Sabha, while the upper house is known as the Council of States- Rajya Sabha.

Council of Ministers

Council of ministers shall be composed of not less that 250 members, of whom 12 shall be nominated by the President and the remainder 238 shall be representatives on the States and Union Territories elected by the method of indirect election.

Nomination- The 12 nominated members shall be chosen by the President from amongst persons having special knowledge or practical experience in literature, science, art and social service.

Representation of States

The representatives of each State shall be elected by the elected members of the Legislative assembly of the State in accordance with the system of proportional representation by means of a single transferable vote.

Representation of Union Territories

The representatives of the Union Territories shall be chosen in such a manner as Parliament may prescribe. Under this power, the Parliament has prescribed that the representatives of Union Territories to the Council of States shall be indirectly elected by members of an electoral college for that territory, in accordance with the system of proportional representation by means of the single transferable vote.

Note: Answers highlighted in Green are right answers.

81. In a federal system, the guardian of the Constitution is

a. the Parliament
b. the Judiciary
c. the council of Ministers
d. the National Security Advisor

82. The Union Legislature in India is empowered

a. Not to amend the basic structure of the Constitution
b. to amend the basic structure of the Constitution
c. To abrogate the basic structure
d. None of these

83. The states enjoy exclusive jurisdiction over subjects of

a. Union list
b. State list
c. Residuary List
d. Concurrent list

84. Majority provisions of the Constitution of India can be amended by

a. the Parliament
b. The President
c. the State Legislature
d. the Parliament of the consent of states

85. The procedure for amending the Constitution is in

a. Article 368
b. Article 360
c. Article 367
d. Article 371

86. The list dividing powers between union and states are given in the ————- schedule

a. IV
b. V
c. VI
d. VII

87. Operation of law means…..

a. prospective operation of law
b. retrospective operation of law
c. both as above a and b
d. none of above

88. What is mean repeal of law?

a. change in law
b. amendment in law
c. removal or reversal of law.
d. none of above

89. General clauses Act enacted in the year…

a. March 11, 1897
b. January 15, 1920
c. August 15 1987
d. December 31, 1975

90. The term morals refer…

a. ethics or principles
b. legal rules by a competent authority .
c. only above a is correct
d. both a and b correct.

FAQs For Constitution of India

Note: Answers highlighted in Green are right answers.

71. According to the ___________ rule, the words of the statute are to be given their plain and ordinary meaning.

a. Literal rule
b. golden rule
c. natural rule
d. mischief rule

72. Which rule of statutory interpretation should judges apply first?

a. Purposive approach
b. Mischief rule
c. Golden rule
d. Literal rule

73. The concept of the Judicial review has been borrowed from the Constitution of

(a) U.K.
(b) Switzerland
(c) U.S.A
(d) U.S.S.R

74. The idea of ‘concurrent list’ in the Indian constitution is taken from the Constitution of…………?

a. Ireland
b. Canada
c. Australia
d. Japan

75. What are the four factors the courts are required to consider according to Heydon’s case?

a. What was the mischief and defect for which the common law did not provide?
b. What was the common law before the Act was passed?
c. What was the remedy Parliament passed to cure the mischief?
d. All are above

76. When may judges apply the mischief rule?

a. When there is ambiguity in the statute
b. When there is absurdity
c. When the law needs to be changed
d. When not to do so would lead to injustice

77. Under the _________________ rule the words may be given a secondary meaning if applying the literal leads to absurdity.

a. mischief rule
b. golden rule
c. liber rule
d. none of above

78. The Union List consists of

a. 97 subjects
b. 61 subjects
c. 47 subjects
d. 73 subjects

79. An interpretation of the Constitution of India is based on the spirit of

a. Fundamental Duties
b. Fundamental Rights
c. Preamble
d. Federal System

80. The sequence of procedure for passing a Bill in the House is

a. First reading, Committee stage, report stage, second reading, third reading
b. First reading, second reading, committee stage, report stage, third reading
c. First reading, second reading, third reading, Committee stage, report stage
d. First reading, Committee stage, second reading, third reading

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Important Note

The Constitution does not use the terms ‘statute’ though one finds the terms ‘law’
used at many places. The terms ‘law’ is defined as including any ordinance, order,
bye-law, rule, regulation, notification, and the like.

In short ‘statute’ signifies written law in contradiction to unwritten law.

‘Document’: Generally understood, a document is a paper or other material thing
giving information, proof or evidence of anything.

The Law defines ‘document’ in a more technical form. Section 3 of the Indian Evidence Act, 1872 states that ‘document’ means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended
to be used, or which may be used, for the purpose of recording that matter.

Example: A writing is a document, any words printed, photographed are documents.

Section 3(18) of the General Clauses Act, 1897 states that the term ‘document’ shall
include any matter written, expressed or described upon any substance by means of
letters, figures or marks, or by more than one of those means which is intended to be
used, or which may be used, for the purpose of recording this matter.
Generally, documents comprise of following four elements:

(i) Matter—

This is the first element. Its usage with the word “any” shows that the definition of document is comprehensive.

(ii) Record—

This second element must be certain mutual or mechanical device employed on the substance. It must be by writing, expression or description.

(iii) Substance—

This is the third element on which a mental or intellectual elements comes to find a permanent form.

(iv) Means—

This represents forth element by which such permanent form is acquired and those can be letters, any figures, marks, symbols which can be used to communicate between two persons.

Difference between Interpretation and Construction:

Interpretation is of finding out the true sense of any form and the construction is the drawing of conclusion respecting subjects that lie beyond the direct expression of the text. [Bhagwati Prasad Kedia v. C.I.T,(2001)]
Where the Court adheres to the plain meaning of the language used by the legislature, it would be ‘interpretation’ of the words, but where the meaning is not plain, the court has to decide whether the wording was meant to cover the situation before the court. Here the court would be resorting to what is called ‘construction’.
‘Interpretation’ and ‘Construction’ overlap each other and it is rather difficult to state where ‘interpretation’ leaves off and ‘construction’ begins.

Rules of Interpretation/Construction

Primary Rules

• Rule of Literal Construction

It is the cardinal rule of construction that words, sentences and phrases of a statute should be read in their ordinary, natural and grammatical meaning so that they may have
effect in their widest amplitude.
At the same time, the elementary rule of construction has to be borne in mind that words and phrases of technical nature are ‘prima facie’ used in their technical meaning, if they have any, and otherwise in their ordinary popular meaning.

When the language of the statute is plain and unambiguous and admits of only one meaning, no question of construction of a statute arises, for the Act speaks for itself.
The meaning must be collected from the expressed intention of the legislature (State of U.P. v. Vijay Anand, AIR 1963 SC 946).
A word which has a definite and clear meaning should be interpreted with that meaning only, irrespective of its consequences.

• Rule of Reasonable Construction

Generally the words or phrases of a statute are to be given their ordinary or “literal” meaning. But when the grammatical or literal construction leads to a manifest absurdity
then the courts shall interpret the statute so as to resolve the inconsistency and make the enactment a consistent whole.
This principle is based on the rule that the words of a statute must be construed reasonably so as to give effect to the enactment rather than reduce it to a futility. (Interpretatio fienda est ut res magis valeat quam pereat) Hence this rule is called the Rule of Reasonable Construction.
So, while interpreting a law, two meanings are possible, one making the statute absolutely vague and meaningless and other leading to certainty and a meaningful interpretation, in such case the latter interpretation should be followed. (Pratap Singh v State of Jharkhand (2005)3 SCC 551).

• Rule of Harmonious Construction
• Rule of Beneficial Construction
• Rule of Exceptional Construction
• Rule of Ejusdem Generis

Secondary Rules

• Effect of usage
• Associated Words to be Understood in Common Sense Manner

Note: Answers highlighted in Green are right answers.

51. What Statute is an aid in the interpretation of Statutes?

a. General Clauses Act, 1897
b. Interpretation of Statutes Act, 1897
c. Law of Legislations, 1897
d. All of the above

52. While applying the literal rule of interpretation, it is important to keep in mind the:

a. language
b. theme
c. context
d. applicability

53. Illustration: While interpreting a statute, one has internal and external aids to construction. Question: Which of the following in not an Internal aid to construction?

a. long title
b. preamble
c. headings
d. definitions
e. Parliamentary history

54. Delegatus non potest delegare

a. Debtor follows the person of the debtor
b. An action does not arise from a bare promise
c. A delegated power cannot be further delegated
d. The law does not concern itself with trifling matters

55. expressumn facit cessare tacitum

a. Private disadvantage is counter balanced by public good.
b. The reason of a decision.
c. An action does not arise from a bare promise
d. express mention of one person or thing is exclusion of another.

56. Generalia specialibus non derogant

a. The king can do no wrong.
b. general things do not derogate from special things.
c. The land passes with its burdens.
d. An accessory follows the principal.

57. Utres valet potior quam pareat.

a. it may rather become operative than null.
b. A matter adjudged is taken for truth.
c. An accessory follows the principal.
d. The land passes with its burdens.

58. Expressum facit cessare tacitum.

a. Private disadvantage is counter balanced by public good.
b. what is expressed makes what is implied to cease.
c. An accessory follows the principal.
d. A matter adjudged is taken for truth.

59. Judicium simper pro veritate accipitur

a. A judgment always accepted as true
b. A judgment pronounced by a judge to decide in a matter falling within his jurisdiction is of no effect
c. In equal delict, the position of the defender is the stronger
d. The immediate and not the remote cause is to be considered

60. Supreme Courts precedent in binding on

a. Courts
b. Appellate Tribunals
c. Income Tax Authorities
d. All of the above.

61. In which of the following cases free and fair election is recognized as basic structure of Indian Constitution?

a. Indira Gandhi V- Raj Narayan
b. Minerva Mills V- Union of India
c. Both (A) and (B) above
d. None of the above

62. Doctrine of Separation of Powers was systematically formulated by

a. Plato
b. Montesquieu
c. Dicey
d. Aristotle

63. ‘Rule of Law’ means

a. Supremacy of Judiciary
b. Supremacy of Law
c. Equality before Law
d. Supremacy of Parliament

64. Which one of the following statement is true?

a. Delegated legislation cannot have retrospective effect-
b. Delegated legislation can have retrospective effect, if authorized by Act or Statute-
c. Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification-
d. None of the above-

65. Which of the following interpretations of the Constitution regarding the utility of Directives is/are found to be correct?
I. Even though the implementation of a Directive Principle may cause hardship to a few individuals, it should be upheld in the larger interests of the community.
II. In view of the absolute prohibition of consumption of liquor in Article 47, there cannot be any fundamental right to manufacture and sell intoxicating liquor.

a. I and II
b. Neither I nor II
c. Only I
d. Only II

66. The legislative process includes the process of implementing and enforcing the law once made.

a True
b False

67. Which of the following statements accurately capture Dicey’s view on the limitations which exist on Parliament’s law-making powers?

a. Parliament’s law-making powers are subject to external and internal political limits.
b. Parliament’s law-making powers are not subject to any limits.
c. Parliament’s law-making powers are subject to legal limitations.
d. Parliament’s law-making powers are subject to legal and political limitations.

68. who is the final answer to interpret the constitution

a. The President
b. The Parliament
c. The lok Sabha
d. The Supreme Court

69. The power of Supreme Court to decide the dispute between the centre and the states falls under its

a. Advisory Jurisdiction
b. Appellate Jurisdiction
c. Original Jurisdiction
d. Advisory and appellate Jurisdiction

70. When may judges apply the golden rule?

a. When the mischief rule can’t be applied
b. In the same circumstances as the purposive approach
c. When applying the literal would be unfair
d. When applying the literal rule leads to an absurd or repugnant result

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71. Formal legal document which creates or confirms a right or record a fact is a—
(a) Document
(b) Deed
(c) Statute
(d) Instrument

72. Which among the following is the cardinal rule of construction of statutes—
(a) Harmonious Rule of construction
(b) Beneficial Rule of construction
(c) Literal Rule of construction
(d) Reasonable Rule of construction

73. Rule of Reasonable Construction is based on the maxim—
(a) Absolut asentenia expositor non indigent
(b) Ut res magis valeat quam pareat
(c) Quo facit per alium facit per se
(d) contemporanea expositio

74. Rule of Beneficial construction is also known as—
(a) Purposive construction
(b) Mischieve Rule
(c) Heydons’s Rule
(d) All of the Above

75. Pick the odd one out of the following aids to interpretation—
(a) Preamble
(b) Marginal Notes
(c) Proviso
(d) Usage

76. Which rule of construction is applicable where there is a real and not merely
apparent conflict between the provisions of an Act, and one of them has not
been made subject to the other—
(a) Rule of Beneficial construction
(b) Rule of Literal construction
(c) Rule of Harmonious construction
(d) Rule of Exceptional construction

77. An internal aid that may be added to include something within the section
or to exclude something from it, is—
(a) Proviso
(b) Explanation
(c) Schedule
(d) Illustrations

78. An aid that expresses the scope, object and purpose of the Act—
(a) Title of the Act
(b) Heading of the Chapter
(c) Preamble
(d) Definitional sections

Question and Answer

Question 1: Explain the rule of ‘beneficial construction’ while interpreting the statutes quoting an example.

Answer: Where the language used in a statute is capable of more than one interpretation,
the most firmly established rule for construction is the principle laid down in the Heydon’s case.

This rule enables, consideration of four matters in constituting an act :
(1) what was the law before making of the Act,
(2) what was the mischief or defect for which the law did not provide,
(3) what is the remedy that the Act has provided, and
(4) what is the reason for the remedy.

The rule then directs that the courts must adopt that construction which ‘shall suppress the mischief and advance the remedy’. Therefore even in a case wherethe usual meaning of the language used falls short of the whole object of the legislature, a more extended meaning may be attributed to the words, provided they are fairly susceptible of it.

If the object of any enactment is public safety, then its working must be interpreted widely to give effect to that object. Thus in the case of Workmen’s Compensation Act, 1923 the main object being provision of compensation to workmen, it was held that the Act ought to be so construed, as far as possible, so as to give effect to its primary provisions.

However, it has been emphasized by the Supreme Court that the rule in Heydon’s case is applicable only when the words used are ambiguous and are reasonably capable of more than one meaning [CIT v. Sodra Devi (1957) 32 ITR 615 (SC)].

Question 2: Explain the principles of “Grammatical Interpretation” and “Logical Interpretation” of a Statute. What are the duties of a court in this regard?

Answer: Principles of Grammatical Interpretation and Logical Interpretation: In order
to ascertain the meaning of any law/ statute the principles of Grammatical and Logical Interpretation is applied to conclude the real meaning of the law and the intention of the legislature behind enacting it.

Meaning: Grammatical interpretation concerns itself exclusively with the verbal expression of law. It does not go beyond the letter of the law, whereas Logical interpretation on the other hand, seeks more satisfactory evidence of the true intention of the legislature.
Application of the principles in the court:

In all ordinary cases, the grammatical interpretation is the sole form allowable. The court cannot delete or add to modify the letter of the law. However, where the letter of the law is logically defective on account of ambiguity, inconsistency or incompleteness, the court is under a duty to travel beyond the letter of law so as to determine the true intentions of the legislature. So that a statute is enforceable at law, however, unreasonable it may be. The duty of the court is to administer the law as it stands rather it is just or unreasonable.

However, if there are two possible constructions of a clause, the courts may prefer the logical construction which emerges from the setting in which the clause appears and the circumstances in which it came to be enacted and also the words used therein.

Question 3: What is the effect of proviso? Does it qualify the main provisions of an
Enactment?

Answer :Normally a Proviso is added to a section of an Act to except something or qualify something stated in that particular section to which it is added. A proviso should not be, ordinarily, interpreted as a general rule. A proviso to a particular section carves out an exception to the main provision to which it has been enacted as a Proviso and to no other provision. [Ram Narian Sons Ltd. Vs. Commissioner of Sales Tax AIR (1955) S.C. 765]

Question 4: Does an explanation added to a section widen the ambit of a section?

Answer: Sometimes an explanation is added to a section of an Act for the purpose of
explaining the main provisions contained in that section. If there is some ambiguity in the provisions of the main section, the explanation is inserted to harmonise and clear up and ambiguity in the main section. Something may added be to or something may be excluded from the main provision by insertion of an explanation. But the explanation should not be construed to widen the ambit of the section.

Question 5: Gaurav Textile Company Limited has entered into a contract with a Company. You are invited to read and interpret the document of contract. What rules of interpretation of deeds and documents would you apply while doing so?
Answer: The rules regarding interpretation of deeds and documents are as follows :
First and the foremost point that has to be borne in mind is that one has to find out what reasonable man, who has taken care to inform himself of the surrounding circumstances of a deed or a document, and of its scope and intendments, would understand by the words used in that deed or document.

It is inexpedient to construe the terms of one deed by reference to the terms of another. Further, it is well established that the same word cannot have two different meanings in the same documents, unless the context compels the
adoption of such a rule.

The Golden Rule is to ascertain the intention of the parties of the instrument after considering all the words in the documents/deed concerned in their ordinary, natural sense. For this purpose, the relevant portions of the document have to be considered as a whole. The circumstances in which the particular words have been used have also to be taken into account.

Very often, the status and training of the parties using the words have also to be taken into account as the same words maybe used by a ordinary person in one sense and by a trained person or a specialist in quite another sense and a special sense. It has also to be considered that very many words are used in more than one sense. It may happen that the same word understood in one sense will give effect to all the clauses in the deed
while taken in another sense might render one or more of the clauses ineffective.

In such a case the word should be understood in the former and not in the latter
sense. It may also happen that there is a conflict between two or more clauses of the
same documents. An effect must be made to resolve the conflict by interpreting the clauses so that all the clauses are given effect. If, however, it is not possible to give effect of all of them, then it is the earlier clause that will override the latter one.

Question 5:How will you interpret the definitions in a statute, if the following words are used in a statute?
(i) Means, (ii) Includes Give one illustration for each of the above from statutes you are familiar with.

Answer: Interpretation of the words “Means” and “Includes” in the definitions- The definition of a word or expression in the definition section may either be restricting of its ordinary meaning or may be extensive of the same.

When a word is defined to ‘mean’ such and such, the definition is ‘prima facie’ restrictive and exhaustive, we must restrict the meaning of the word to that given in the definition section.
But where the word is defined to ‘include’ such and such, the definition is ‘prima facie’ extensive, here the word defined is not restricted to the meaning assigned to it but has extensive meaning which also includes the meaning assigned to it in the definition section.

Example— Definition of Director [section 2(34) of the Companies Act, 2013]—Director meansa director appointed to the board of a company. The word “means” suggests exhaustive definition.

Definition of Whole time director [Section 2(94) of the Companies Act, 2013]— Whole time director includes a director in the whole time employment of the company. The word “includes” suggests extensive definition. Other directors may be included in the category of the whole time director.

Question 6: Differentiate Mandatory Provision from a Directory Provision. What factors decide whether a provision is directory or mandatory?

Answer: Practically speaking, the distinction between a provision which is ‘mandatory’ and
one which is ‘directory’ is that when it is mandatory, it must be strictly observed; when it is ‘directory’ it would be sufficient that it is substantially complied with.

However, we have to look to the substance and not merely the form, an enactment in mandatory form might substantially be directory and, conversely, a statute in directory form may in substance be mandatory. Hence, it is the substance that counts and must take precedence over mere form.

If a provision gives a power coupled with a duty, it is mandatory: whether it is or is not so would depend on such consideration as:
− the nature of the thing empowered to be done,
− the object for which it is done, and
− the person for whose benefit the power is to be exercised.

Question 7: Define Grammatical Interpretation. What are the exceptions to grammatical interpretation?

Answer: Grammatical Interpretation and its exceptions: ‘Grammatical interpretation’ concerns itself exclusively with the verbal expression of the law, it does not go beyond the letter of the law. In all ordinary cases, ‘grammatical interpretation’ is the sole form allowable. The Court cannot take from or add to modify the letter of the law. This rule, however, is subject to some exceptions:

(i) Where the letter of the law is logically defective on account of ambiguity, inconsistency or incompleteness. As regard the defect to ambiguity, the Court is under a duty to travel beyond the letter of the law so as to determine from the other sources the true intention of the legislature. In the case of the statutory expression being defective on account of inconsistency, the court must ascertain the spirit of the law.

(2) If the text leads to a result which is so unreasonable that it is self-evident that the legislature could not mean what it says, the court may resolve such impasse by inferring logically the intention of the legislature.

Question 8: Write short note on:
(i) Provision
(ii) Explanation,
with reference to interpretation of Statutes, Deeds and Documents.

Answer: (i) Proviso: The normal function of a proviso is to except something out of the
enactment or to qualify something stated in the enactment which would be within its purview if the proviso were not there. The effect of the proviso is to qualify the preceding enactment which is expressed in terms which are too general.

As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment. Ordinarily a proviso is not interpreted as stating a general rule. It is a cardinal rule of interpretation that a proviso to a particular provision of a statute only embraces the field which is covered by the main provision.

(ii) Explanation: An Explanation is at times appended to a section to explain the meaning of the text of the section. An Explanation may be added to include something within the section or to exclude something from it. An Explanation should normally be so read as to harmonise with and clear up any ambiguity in the main section. It should not be so construed as to widen the ambit of the section. The meaning to be given to an explanation will really depend upon its terms and not on any theory of its purpose.

Question 9: Explain ‘Mischieve Rule’ for interpretation of statute. Also, give four matters it considers in construing an Act.
Answer: Mischieve Rule: Where the language used in a statute is capable of more than
one interpretation, principle laid down in the Heydon’s case is followed. This is known as ‘purposive construction’ or ‘mischieve rule’.

The rule then directs that the courts must adopt that construction which ‘shall suppress the mischief and advance the remedy’. It has been emphasized by the Supreme Court that the rule in Heydon’s case is applicable only when the words used are ambiguous and are reasonably capable of more than one meaning.

It enables consideration of four matters in construing an Act:
(1) what was the law before the making of the Act;
(2) what was the mischief or defect for which the law did not provide;
(3) what is the remedy that the Act has provided; and
(4) what is the reason for the remedy.

Question 10: Explain how ‘Dictionary Definitions’ can be of great help in interpreting / constructing an Act when the statute is ambiguous.
Answer: Dictionary Definitions: First we refer the Act in question to find out if any particular word or expression is defined in it. Where we find that a word is not defined in the Act itself, we may refer to dictionaries to find out the general sense in which that word is commonly understood.

However, in selecting one out of the several meanings of a word, we must always take into consideration the context in which it is used in the Act. It is the fundamental rule that the meanings of words and expressions used in an Act must take their colour from the context in which they appear. Further, judicial decisions laying down the meaning of words in construing statutes in pari materia will have greater weight than the meaning furnished by dictionaries. However, for technical terms, reference may be made to technical dictionaries.

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51. What Statute is an aid in the interpretation of Statutes?

a. General Clauses Act, 1897
b. Interpretation of Statutes Act, 1897
c. Law of Legislations, 1897
d. All of the above

52. While applying the literal rule of interpretation, it is important to keep in mind the:

a. language
b. theme
c. context
d. applicability

53. Illustration: While interpreting a statute, one has internal and external aids to construction. Question: Which of the following in not an Internal aid to construction?

a. long title
b. preamble
c. headings
d. definitions
e. Parliamentary history

54. Delegatus non potest delegare

a. Debtor follows the person of the debtor
b. An action does not arise from a bare promise
c. A delegated power cannot be further delegated
d. The law does not concern itself with trifling matters

55. expressumn facit cessare tacitum

a. Private disadvantage is counter balanced by public good.
b. The reason of a decision.
c. An action does not arise from a bare promise
d. express mention of one person or thing is exclusion of another.

56. Generalia specialibus non derogant

a. The king can do no wrong.
b. general things do not derogate from special things.
c. The land passes with its burdens.
d. An accessory follows the principal.

57. Utres valet potior quam pareat.

a. it may rather become operative than null.
b. A matter adjudged is taken for truth.
c. An accessory follows the principal.
d. The land passes with its burdens.

58. Expressum facit cessare tacitum.

a. Private disadvantage is counter balanced by public good.
b. what is expressed makes what is implied to cease.
c. An accessory follows the principal.
d. A matter adjudged is taken for truth.

59. Judicium simper pro veritate accipitur

a. A judgment always accepted as true
b. A judgment pronounced by a judge to decide in a matter falling within his jurisdiction is of no effect
c. In equal delict, the position of the defender is the stronger
d. The immediate and not the remote cause is to be considered

60. Supreme Courts precedent in binding on

a. Courts
b. Appellate Tribunals
c. Income Tax Authorities
d. All of the above.

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1. What is them is chief rule?

1. In interpreting statutes, judges should look at the ‘mischief’ which the Act was passed to prevent
2. There must be no mischief in court
3. In interpreting statutes, judges should interpret the words literally
4. In interpreting statutes, judges should interpret the words as they see fit

2. What is the rule in Pepperv Hart?

1. Judges can refer to newspapers when interpreting statutes
2. Judges can refer to other judges when interpreting statutes
3. Judges can refer to Hansard when interpreting statutes
4. Judges cannot refer to any external aid when interpreting statutes

3. What is delegated legislation?

1. A decision of the courts
2. An Act of Parliament
3. Law made by a delegation
4. Law made by a person or body to whom Parliament has delegated power

4. Which of these is a disadvantage of delegated legislation?

1. It is quick to produce
2. It can be flexible
3. It raises issues of accountability
4. It can be made by reference to special is knowledge

5. A statute may be interpreted by judges by using different rules. Which of the following is not a rule of interpretation?

1. Golden Rule.
2. Literal Rule.
3. Mischief Rule.
4. General Rule.

6. Which of the following statements is a definition of the phase ‘ratio decidendi’?

1. The verdict
2. The material facts.
3. A hypothetical situation.
4. The legal reason for reaching a decision.

7. Which of the following statements is correct?

1. The Supreme Court is bound by its own previous cases.
2. The House of Lords is the highest court of appeal in England and Wales.
3. There are no appeals from decisions of the Court of Appeal.
4. A principle of law set down in a case may be overruled by statute.

8. Which of the following is the most accurate description of the Golden Rule of Interpretation?

1. Justice must be served
2. Literal meaning must always be adopted without fail
3. Literal meaning must always be adopted except when it leads to absurdity
4. All of the above
5. Context must be understood properly

9. Illustration: In Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited was in dispute. The employees of both Hindustan Lever Limited and TOMCO were concerned about the amalgamation. One of the grounds of attack against the scheme was the absence of approval of the central government as required under S.23 of the Monopolies and Restrictive Trade Practices Act, 1969. That, however, was deleted in 1991. The Supreme Court stated that it is significant to take into account the mischief that was sought to be cured through the amendment of the statute. Accordingly, the court held that once the said section has been deleted from the statute book, the requirement of prior approval of the Central Government cannot be brought back through the backdoor. The Supreme Court was applying what rule of interpretation?

1. Deletion Rule
2. Mischief Rule
3. Literal Rule
4. Ejusdem Generis
5. both a) and d)

10. Illustration: In the phrase ‘horses, cattle, sheep, pigs, goats, or any other farm animal’, the general language ‘or any other farm animal’ — despite its seeming breadth — would probably be held to include only four-legged, hoofed mammals typically found on farms, and thus would exclude chickens. This is an example of which rule of interpretation?

1. Ejusdem Generis
2. noscitur a sociis
3. Literal Rule
4. Both a) and b)

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1. A statute has been defined as the______

1. Will of the king
2. Will of the society
3. Will of them agistrate
4. Will of the legislature

2. What is the doctrine of stare decisis?

1. The doctrine of Parliamentary sovereignty
2. The doctrine of royal pardon
3. The doctrine of statutory interpretation
4. The doctrine of precedent

3. What is case law?

1. Law representing the decision soft he courts
2. Law passed by Parliament
3. Delegated legislation
4. Case law is not really law at all

4. What is legislation?

1. Legislation is law made by judges
2. Legislation is law made by Parliament
3. Legislation is law made by custom
4. Legislation is law made by the Law Commission

5. How many readings must a Bill have in the House of Commons and the House of Lords Before it receives Royal Assent?

1. 1 in the House of Commons, 3in the House of Lords
2. 3 in the House of Commons,1in the House of Lords
3. 1 in each House
4. 3 in each House

6. What is the Committee Stage in the passage of a Bill through the House of Commons?

1. A committee reading of the title of the Bill
2. A committee debating the general principles of a Bill
3. A committee considering the provisions of the Bill in detail
4. A committee drafting the Bill

7. How long can the House of Lords delay a Bill (except a Money Bill)?

1. 1 month
2. 6 months
3. 1 year
4. 6 years

8. What is a Public Act?

1. An Act affecting particular individuals or individual bodies
2. An Act affecting the general public
3. An Act made in private
4. An Act made in public

9. What is meant by statutory interpretation?

1. The interpretation of a statute by Parliament
2. The interpretation of a statute by the House of Commons
3. The interpretation of a statute by the courts
4. The interpretation of a statute by the House of Lords

10. What is meant by the purposive approach?

1. The judge must interpret the statute on purpose
2. The judge must interpret the statute in the light of the purpose of its enactment
3. The judge must interpret the statute with a purpose ful manner
4. The judge must interpret the statute in the purpose of deciding the case before him or her

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1. _____isused to remove special cases from the general enactment and provide for them specially?
2. Exception clause
3. Saving clause
4. Proviso
5. Non obstante clause

2. Ut Res MagisValeat Quam Pareatis also known as______?

1. Rule of harmonious construction
2. Rule of reasonable construction
3. Rule of ejusdem generis
4. All of above

3. ________contain them an in object of the act?

1. Long title
2. Short title
3. Preamble
4. None of the above

4. Heydonscase,in 1584,was resolved by the?

1. Supreme Court of India
2. Bombay high court
3. Barons of the Exchequer
4. House of lords

5. When general word follows specific word of a distinct category, the general word may be given are striated meaning of the same category. His general word take its meaning from Preceding expression. This is what is known as?

1. Rule of harmonies construction
2. Ut Res MagisValeat Quam Pareat
3. Ejusdem generis
4. Expression unisest exclusion alteri us

6. In the interpretation of statue, an important role is played by____

1. Schedule
2. Preamble
3. Heading
4. All of above

7. While constructing a provision in penal statute if there appears to be a reasonable doubt or Ambiguity it shall bere solved in favour of?

1. State government
2. Union
3. Person who would beliable to penalty
4. None of the above

8. Which of the following is internal aid for interpretation of statute?

1. Reference to reports of committee
2. Statement of objects and reasons
3. Dictionaries
4. Preamble

9. The rules______means the express mention of one thing is the exclusion of other?

1. Rule of harmonious construction
2. Primary rule
3. Ejusdem generis
4. Expressionunis estexclusionalterius

10. Internal aid in interpretation of statute includes?

1. Title
2. Preamble
3. Marginal notes
4. All of above

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