All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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63.

A law makes reference to 'trustee, guardian, committee, or other person'. Which of the following options is least accurate in relation to the meaning of 'other person' in the law? Answer on the basis of the principle provided .


Principle :

Where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specified.
A: A person in a position similar to that of trustee, guardian, or a committee.
B: A person who is monetarily capable of looking after the ward.
C: A person who is not of an unsound mind, such as a trustee, guardian, or committee.
D: A person in a similar position to a trustee, guardian, or committee, and who has a similarly vested interest in the property of the ward.
E: A person not in a position similar to that of a trustee, guardian, or committee.

The answer is: D

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Explanation

The correct answer is D.

The principle provided states that when a statute contains general words following particular and specific words, the general words should be interpreted to refer to things of the same kind as those specified. In this case, the specific words mentioned are "trustee, guardian, committee," and the general term in question is "other person."

Option D, "A person in a similar position to a trustee, guardian, or committee, and who has a similarly vested interest in the property of the ward," is the least accurate in relation to the principle provided. This option expands the scope of "other person" to include individuals who have a vested interest in the property of the ward, which may not necessarily be the same kind as trustees, guardians, or committees. The principle suggests that the general words should be confined to things of the same kind as those specified, so option D goes beyond the scope of the specified roles and interests.

Options A, B, and C all provide interpretations of "other person" that are more in line with the principle, as they relate to individuals in positions similar to trustees, guardians, or committees or who share certain characteristics with them. Option E is also in accordance with the principle, as it excludes individuals not in similar positions to trustees, guardians, or committees.