LL.B. (Five Years) Sem 9 Interpretation of Statutes Nov 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

Q1 Write Short Answers in not more than two sentences (any six) 12 Marks

1. (a) What is a Codifying Statute?
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2. (b) What is the Purpose of Interpretation of Statutes
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3. (c) What is Sententia Legis.
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4. (d) Name any three Internal Aids to Statutory Interpretation.
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5. (e) What is Vessel As Defined in The General Clauses Act 1897 ?
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6. (f) Explain the importance of Historical Background as an aid to interpretation
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7. (g) Explain Delegatus non potest delegare.
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8. (h) Explain the rule of Literal Construction.
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9. (i) State how to construe a penal act?
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10. (j) Define 'Good Faith' As Defined in The General Clauses Act 1897
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Q2 Write short notes on the following (any Two) 12 Marks

1. (a) Doctrine of Prospective Overruling
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2. (b) Explain the concept 'Computation of time'
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3. (c) Golden Rule
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4. (d) Preamble
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Q3 Answer the following (Any Two) 12 Marks

1. (a) Road Traffic Act, 1960 requires the driver of a motor vehicle to "stop" after an accident.
   • (i) Whether "Stop" implies momentary pause?
   • (ii) Whether the driver is liable to give particulars to the Traffic Police Authority?
   • (iii) Which rule of interpretation is applicable herein
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2. (b) Section 27 of The General Clauses Act (1897) outlines the meaning of Service by Post.
   • (i) When will the Service be deemed to have been effected?
   • (ii) Explain the Expression "Service by Post"
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3. (c) Section 43 of the Arbitration and Conciliation Act, 1996 reads as under, The Limitation Act, 1963 shall apply to Arbitration as it applies to proceedings in court.
   • (i) Explain the rule of Interpretation which can help you to understand section 43 of the Arbitration and Conciliation Act, 1996.
   • (ii) Explain the nature of the provision of section 43.
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4. (d) 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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Q4 Answer the following (Any Two) 24 Marks

1. (a) "Statute Must be read as a Whole" - Discuss
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2. (b) Explain the role of 'Legislative Intention' in Interpretation of a Statute.
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3. (c) Discuss the Mischief Rule with relevant Cases.
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4. (d) Explain the 'Doctrine of Severabillty' with relevant cases.
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