LL.B. (Three Years) Sem 5 Interpretation of Statutes Nov 2010 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) Attempt all questions

1. Q1 Answer in two to three sentences each 2 marks
   • (a) What is construction of a Statute?
   • (b) What is government as per General Clauses Act?
   • (c) What is an "Act" as per General Clauses Act?
   • (d) When will a thing .be deemed to be done in "Good faith" as per General
   • (e) What is commencement with reference to an Act of Regulation?
   • (1) State the importance of schedule in construction of Statutes?
   • (g) What is revival of an Act?
   • (h) State and explain the Heydon's Rule
   • (i) Explain the Doctrine of
   • (j) State and explain the principle applied in constructing remedial Statutes? 20
2. Q2 Write short notes on any four of the following :
   • (a) Kinds of Repeal (d) Residuary Power
   • (b) Doctrine of Repugnancy (e) Statutes in Pari Materia
   • (c) Preamble (f) Recovery of Fines. 12
3. Q3 Situational problems, solve any two of the following :
   • (a) In Lakshimi Amal Vis K. M. Madhav Krishnan the question of interpreting the Court Fees Act was involved. The Hon. Supreme Court held that in those cases where a doubt arises as to whether less Court fee is required a case or more the benefit must go to the individual concerned and not to
   • (i) and explain the rule of Construction applied by the Honourable
   • (ii) State and explain the basis for the same
   • (b) Kumar Vis Arbinda Bose the Hon. Supreme Court held that the Statement of Objects and Reasons accompanying a Bill when introduced in Parliament can not be used to determine the true meaning and effect of the substantive provisions of the statute
   • (i) is the nature of "Statement of object and reasons as an aid
   • (ii) | State and explain the limited use of Statement of object and reasons as an aid to interpretation”
   • (c) T. Moopil Nair Vis State of Kerala the constitutionality of the Travencore Cochin Land Tax Act, 1955 was in question. The Hon. Supreme Court held the Act violative of article 14 and 19 (1) ( (f) before its deletion) in view of the fact that the Act in the guise of taxing a citizen his property was
   • (i) did the Hon. Supreme Court hold the above Act violative of
   • (ii) State and explain competency to enact a Law
4. Q4 Answer any four of the following :
   • (a) Explain the internal aids to Interpretation
   • (b) Briefly deal with the Literal rule 'of constriction
   • (c) Analyze the presumption as regards the validity of Statutes
   • (d) Set out the principles of interpretation of a Penal Statute
   • (e) Set outihe highlights of the Purposive rule of Construction

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