B.A. LL.B. (Five Years) Sem 9 Interpretation of Statutes and Principles of Legislation 2016 Dec (100 marks) Question Paper - KSLU

Questions asked in this paper

1. Q1 State the importance of intention of legislature in interpreting a statute.
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2. Q2 Explain the rule in Heyden's case.
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3. Q3 Explain the principles regarding retrospective operation of statutes.
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4. Q4 Explain rules of interpretation of mandatory and directory provisions.
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5. Q5 Discuss the relevance of "Dictionaries" and "Foreign decisions" as an external aid to construction of a statute.
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6. Q6 What is temporary statute ? Explain the effects of expiry of temporary statutes.
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7. Q7 How do the taxing and penal statutes construed ? Explain.
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Write short note on any two of the following :

1. Q8 (a) Principles of utility.
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2. Q8 (b) Kinds of pleasures and pains.
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3. Q8 (c) Repeal by implication.
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Solve any two of the following problems :

1. Q9 (a) B abused A by using unparliamentary words against him. A angered by this hit B on his head. B fell unconscious and was taken to the hospital, where he was declared brought dead. A was charged with the commission of a crime under Indian penal code. But A denied the criminal liability holding that he exercised his right of self defence and the death was an accident. Whether A is guilty of crime ? Decide with appropriate rule of interpretation.
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2. Q9 (b) Prakash Ayurvedic Bhavan manufactures medicinal preparation for the internal and external use of human being. For the manufacture of medicine, many ingredients are being used and liquor is one amongst them. The excise commissioner sought to impose excise duty on the liquor quantum used for the medicinal preparation. This was objected by the Bhavan on the ground that it is medicine and not alcohol that they manufacture and sell. Decide by applying suitable rule of interpretation. Whether imposition of excise duty is justified ?
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3. Q9 (c) According to Karnataka Electricity Act, 1948, the Electricity Board is empowered to fix electricity tariff depending upon nature of supply, geographic location, purpose of supply and others. How to interpret the word 'Others' in this case ? Decide with suitable rule of interpretation.
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Typed from the KSLU paper above. The paper is the original. Long reading passages are shortened here to their first and last lines and a summary.