BLS LLB 5 Years Sem 9 Interpretation Of Statutes 2019-20 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Questions are compulsory. Figure to the right indicate full marks. Give case law or reasons wherever necessary. Please check whether you have got the right question paper.

Q.1) Paper 04203, subject codes L0515 and L0819 or L0120. Answer in 2-3 Sentences 20 Marks

1. (1) Define 'Good Faith' As Defined in The General Clauses Act 1897
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2. (2) Define 'Father' as defined in The General Clauses Act 1897
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3. (3) Explain 'Delegatus non potest delegare'
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4. (4) What is Vessel As Defined in The General Clauses Act 1897
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5. (5) State and explain the rule of Literal Construction
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6. (6) What is a Codifying Statute?
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7. (7) Explain the importance of Historical Background as an aid to Interpretation
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8. (8) Name any three Internal Aids to Statutory Interpretation
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9. (9) What is the Purpose of Interpretation of Statutes
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10. (10) What is Sententia Legis.
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Q.2) Paper 04203. Write Short Notes (any four) 20 Marks

1. (1) Ejusdem Generis
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2. (2) Consequences of Repeal of a Statute
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3. (3) Doctrine of Prospective Overruling
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4. (4) Proviso (its Purpose and importance)
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5. (5) Golden Rule
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6. (6) Preamble
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Q.3) Paper 04203. Attempt the Situation Based Problems (any two) 12 Marks

1. (1) Section 27 of The General Clauses Act (1897) outlines the meaning of 'Service By Post'
   • (a) When will the Service be deemed to have been effected?
   • (b) Explain the Expression "Service by Post"
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2. (2) The question in Seward v. The Vera Cruz was whether Section 7 of the Admiralty Court Act of 1861, which gave jurisdiction to that Court over "any claim for damage done by any ship" also gave jurisdiction over claims for loss of life which would otherwise come under the Fatal Accidents Act (1855)
   • (a) Explain the Applicability of the Maxim "Generalis Specialibus Non Derogant" in this case
   • (b) What is a General Act and what is a Special Act?
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3. (3) Section 11 of the Family Courts Act 1984 reads as Under - 'In every suit or Proceeding to which the act applies, the proceedings may be held 'in Camera' if the Family Court desires and Shall be so if Either Party so Desires'
   • (a) State and explain when 'In Camera' proceedings would be Mandatory
   • (b) State and explain when 'In Camera' proceedings would be Directory
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Q.4) Paper 04203. Write in detail (any four) 48 Marks

1. (1) Discuss the Mischief Rule with relevant Cases
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2. (2) Doctrine of Severability with relevant Cases
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3. (3) Name and explain External Aids to Statutory Interpretation
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4. (4) 'Statute Must be read as a Whole' Discuss
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5. (5) Discuss the Strict Construction of Penal Statutes
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6. (6) Explain the role of 'Legislative Intention' in Interpretation of a Statute.
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I Paper Code 68003, form 80636, sat 17 December 2019. Answer all questions briefly 20 Marks

1. (a) State with authority whether the General Clauses Act, 1897 applies for the interpretation of the Constitution.
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2. (b) What do you understand by Generalis Specialibus non derogant?
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3. (c) What is 'travaux preparatoires'?
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4. (d) What does the expression 'intention of the legislature' mean?
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5. (e) State the doctrine of prospective overruling with a case law.
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6. (f) What is financial year according to the General Clauses Act?
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7. (g) What are internal aids?
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8. (h) What is secondary rule of interpretation?
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9. (i) What do you mean by presumption against intending injustice?
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10. (j) State and explain the strict rule of construction.
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II Paper 68003, form 80636. Write short notes on (any FOUR) 20 Marks

1. (a) General Clauses Act
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2. (b) Commencement
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3. (c) Taxing statutes and interpretation
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4. (d) Doctrine of Pith and Substance
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5. (e) Interpretation of statutes conferring rights
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6. (f) Prospective operation of statutes
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III Paper 68003, form 80636. Answer (any TWO) 12 Marks

1. (1) The Lokpal and Lokayuktas Act, 2013 requires that the Chairperson or a Member of Lokpal shall not be a person who has been removed or dismissed from the service of the Union or state (Section 3(4))
   • (a) Will this requirement apply to a person removed from Union Service prior to 2013?
   • (b) When in a statute an explanation or clarification is inserted by amendment, will it have retrospective effect or prospective effect?
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2. (2) S. 147(1) of the Maharashtra Public Universities Act, 2016 reads as follows: On and from the date of commencement of this Act, the Maharashtra Universities Act, 1994 shall stand repealed.
   • (a) What is repeal? What kind of repeal do you see in Section 147(1) above?
   • (b) What is omission? Is it different from repeal? Explain
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3. (3) In respect of religious freedom under the Constitution of India, Art. 25(2) enables the state to provide for social welfare and reform by law whereas Art 26 recognizes the right of religious denomination to manage its own affairs in matters of religion.
   • (a) State and explain the rule that will aid in resolution.
   • (b) What are the five principles laid down by the SC in employing this rule of interpretation?
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IV Paper 68003, form 80636. Answer (any FOUR) 48 Marks

1. (a) Explain literal rule of interpretation with case laws.
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2. (b) What are penal statutes? Bring out the principles governing their interpretation.
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3. (c) Discuss the presumptions in statutory interpretation.
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4. (d) What do you understand by welfare legislation? How are the welfare legislations interpreted?
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5. (e) "Statute must be read as a whole" Explain
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6. (f) Write a note on (i) Golden Rule (ii) Heydon's rule
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