BLS LLB 5 Years Sem 9 Interpretation Of Statutes 2024-25 ATKT Set 2 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. Answer the following questions in one or two sentences (Any 6) 12 Marks

1. (a) Explain the rule of "Noscitur a Sociis"
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2. (b) What is a codifying statute?
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3. (c) Name any three Internal Aids of Statutory interpretation.
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4. (d) State and explain the Literal rule of Interpretation of statutes.
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5. (e) Discuss interpretation as to Penal statutes as to how should they be interpreted.
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6. (f) What is the meaning of Retrospective and Prospective Operation of a statute?
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7. (g) Explain the term Magistrate under the General Clauses Act.
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8. (h) Discuss the essence of Punctuations in interpretation of statutes
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9. (i) Explain "Delegatus Non-Potest Delegare".
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10. (j) Explain the "Doctrine Of Colourable Legislation."
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Q2. Write Short notes on the following (Any 2) 12 Marks

1. (a) Doctrine of Pith and Substance.
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2. (b) Interpretation of Taxing statute.
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3. (c) Effect of Repeal.
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4. (d) Presumption as to what is inconvenient or absurd.
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Q3. Situational Problems (Any 2) 12 Marks

1. (1) A state law imposes a "special pollution tax on industries" to protect the environment. Industrialists argue that taxation is a central government power and the state law is invalid.
   • (a) Which principle applies here?
   • (b) What constitutional principle supports this decision?
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2. (2) A law states: "Only doctors and nurses are allowed to prescribe medication." A pharmacist argues that since they have medical knowledge, they should also be allowed.
   • (a) Which rule of statutory interpretation applies here?
   • (b) How can this statute be modified to include pharmacists?
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3. (3) A statute conferring free and compulsory education to children between the age of 6 years to 14 years was questioned by one Mr Z. he said that the statute is violating the fundamental right to choose as it is making education compulsory for children in this background answer the following questions.
   • (a) Discuss the presumption of constitutionality of a statute.
   • (b) Who has the Onus to prove unconstitutionality herein? Give Reasons to your answer
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4. (4) A new law came into existence in Maharashtra giving interest free loan to persons registered for doing PhD in law from 1st June 2014. The act came into operation with effect from 1st June 2014. Priya who is a poor girl scholar wanted to get loan for PhD though she was registered in the year 2011. She therefore moved High Court seeking directions to the government switch to allow her to take advantage of the said benefits.
   • (a) Can this act of 2014 be applied retrospectively Without such mention in the statute?
   • (b) Why all the new acts are prospective and not retrospective unless they are so specified?
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Q4. Answer the following in detail (Any 2) 24 Marks

1. (a) Briefly discuss the objective and scheme of General Clauses Act in Interpretation of statutes and are there any limitations to its use?
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2. (b) Discuss the purpose of Interpretation of statutes and enumerate the Internal and External aids of interpretation.
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3. (c) Set out the highlights of the doctrine of Harmonious Construction in light of cases decided earlier.
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4. (d) Analyze the Presumptions in Statutory Interpretation.
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