B.A. LL.B. (Five Years) Sem 9 Interpretation of Statutes and Principles of Legislation 2019 Dec Question Paper - KSLU

Questions asked in this paper

1. Q1 What is interpretation ? Explain the principle of reading the statute as a whole in its context.
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2. Q2 State the external aids to construction. Explain the importance of parliamentary history as an aid to construction.
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3. Q3 Explain the rules regarding interpretation of penal and fiscal statutes.
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4. Q4 Explain the general principles regarding retrospective operation of statutes.
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5. Q5 Explain the general principles regarding statutes affecting jurisdiction of courts.
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6. Q6 Analyse critically the importance of utilitarianism as the source of legislation.
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7. Q7 Explain the rule of pari materia and reference to other statutes in interpretation of a statute with illustrations.
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Write a short note on any two of the following :

1. Q8 (a) Casus omissus
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2. Q8 (b) Rule of ejusdem generis
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3. Q8 (c) Mischief rule.
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Solve any two of the following problems :

1. Q9 (a) S. 418 of the Delhi Municipal Corporation Act, 1957 authorised the officers to raid and impound the cattle abandoned. Petitioner let his cattle unattended on the street, the officer impounded the same. Petitioner argued that the provision enabled the officer to impound only the abandoned cattle, that is to say, ownerless cattle. Municipality contends that it meant impounding of cattle owned and let loose or unattended causing disturbance to public. Decide with reference to applicable rule of interpretation.
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2. Q9 (b) A statutory provision provides, "Government may appoint as many special judges as may be necessary for any area as for any case or group of cases". Government through an order appointed ten judges for an area, two judges for a case of national importance and three judges to decide a group of special cases. It was argued in challenge that the Government may either appoint judges for an area or for a case or for a group of cases and as such the present order is void. Decide with reasons.
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3. Q9 (c) Petitioner the dealer in betel leaves was assessed to sales tax under the C.P and Berar Sales Tax Act, 1947. According to S.6, items mentioned in II schedule are exempt from tax. Scheduled items included "vegetables" and "betal leaf" but subsequently by amendment "betel leaf" is omitted. It was contended that the betel leaf though omitted is still included in the word "vegetable" and as such not taxable. Decide applying relevant 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.