B.B.A. LL.B. (Five Years) Sem 9 Interpretation of Statutes and Principles of Legislation 2018 Jun Question Paper - KSLU

Questions asked in this paper

1. Q1 "Rules of interpretation of statutes are not rules of law." Elucidate.
   Read the model answer
2. Q2 What is interpretation ? Explain in brief the basic principles of interpretation of statutes.
   Read the model answer
3. Q3 State the various internal aids of interpretation of statutes. Explain the importance of Preamble as an internal aid in interpretation.
   Read the model answer
4. Q4 Explain the principles regarding retrospective operation of statutes.
   Read the model answer
5. Q5 Explain the importance of Social, Political and Economic Developments and Scientific Intervention as the external aid to construction.
   Read the model answer
6. Q6 What is repeal and expiry of a statute ? Explain the effects of repeal of a statute.
   Read the model answer
7. Q7 Explain the principle of utility as the source of legislation.
   Read the model answer

Write a short note on any two of the following :

1. Q8 (a) Noscitur a sociis.
   Read the model answer
2. Q8 (b) Reddendo singula singulis.
   Read the model answer
3. Q8 (c) Headings and marginal notes.
   Read the model answer

Solve any two of the following problems :

1. Q9 (a) Workmen in an industry resorted to strike without giving notice of strike. In an industrial dispute raised by trade union for wages during strike period, it was decided by the Labour Court that the strike was "illegal" and hence no wages are payable. Later, employer filed a suit in a civil court claiming damages against the trade union for the loss of business during strike period. Trade union argues civil court's jurisdiction to award compensation is ousted. Decide with reasons.
   Read the model answer
2. Q9 (b) S. 36(1) of the Industrial Disputes Act, 1947 prohibits the appearance of parties, through an advocate before the conciliation proceedings and before the court of inquiry and sub Section (2) provides, in any proceedings, before the Labour Court, industrial Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of presiding officer. But S.30 of the Advocates Act, 1961 provides, subject to provisions of this Act, every advocate whose name is entered in the state roll shall be entitled as of right to practice throughout the territories to which this Act extends, in all courts including the Supreme Court, before any tribunal to person legally authorized to take evidence. Decide, if S.36 of the ID Act, 1947 is deemed to be repealed by implication in light of contradicting provisions of S .30 of the Advocates Act, 1961. Give reasons.
   Read the model answer

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.