LL.B. (Five Years) Sem 9 Interpretation of Statutes Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in 2-3 sentences each of the following :— 20 marks
   • (a) When will a thing be deemed to be done in ‘Good faith’ as per General Clauses
   • (b) Define ‘Magistrate’ as per General Clauses Act, 1897
   • (c) Explain the term ‘abet’ as per General Clauses Act, 1897
   • (d) What is ‘Immovable property’ as per General Clauses Act, 1897 ?
   • (e) What is an ‘Act’ as per General Clauses Act, 1897 ?
   • (f) Explain the term ‘Official Gazette’ under General Clauses Act, 1897
   • (g) State how to construe a Penal Act ?
   • (h) State rule of ‘Strict Construction’
   • (i) What is taxing statute ?
   • (j) State the theory of Ancillary powers
2. Q2 Write short notes on any four of the following :— 20 marks
   • (a) Doctrine of Pith and Substance (d) Doctrine of occupied field
3. Q3 Solve any two of the following situational problems :— 12 marks
   • (a) v/s State of Punjab the Supreme Court held that amendment to the Constitution is “law” under Article 13 of the constitution but the decision would apply for the future
   • (i) State the famous principle of Constitutional interpretation laid down in the above case
   • (ii) Explain the said theory/principle
   • (b) Section 11 of the Family Courts Act, 1984 read as under :— In ever suit or proceeding to which this Act applies, the proceedings may be held in camera if the Family Court no desires and shall be so if either
   • (i) State and explain when in camera proceedings could be Directory
   • (ii) State and explain when in camera proceedings would be mandatory
   • (c) Section 8-B of the Consumer Protection Act, 1986 read as under :— The objects of every District Council shall be to promote and protect within the District the rights of the consumers laid down in (a) to (f) of Section 6
   • (i) State and explain the rule of construction used by you to understand the above section
   • (ii) What kind of a status is the Consumer Protection Act, 1986 ?
4. Q4 Answer any four of the following :— 48 marks
   • (a) Explain with illustrations the Golden Rule of Interpretation
   • (b) Discuss the Mischief Rule of Construction
   • (c) ‘Taxation Status are strictly interpreted’. Explain
   • (d) Examine the presumption against extra-territorial operation of statue
   • (e) Explain in detail ‘External Aids of Interpretation’
   • (f) What is Repeal of a statute ? Discuss effect of Repeal
   • (a) fear
   • (3) (act) at TAR HU
   • (31) darn
5. Q3 Ro
   • (2) asa ?

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