LL.B. (Three Years) Sem 5 Interpretation of Statutes Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Answer in two to three sentences each in Section I. Figures to the right indicate full marks.

1. Answer in two to three sentences each (all) 20 Marks

1. (a) Explain the term "affidavit" as per General Clauses Act, 1897.
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2. (b) Explain the term "abet" as per General Clauses Act, 1897.
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3. (c) Explain the term "Official Gazette" under General Clauses Act, 1897.
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4. (d) Explain the term "Registered" as per General Clauses Act, 1897.
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5. (e) Explain the term "Son" as per General Clauses Act, 1897.
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6. (f) What is a Temporary Statute?
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7. (g) What is a consolidating statute?
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8. (h) Explain the doctrine of Pith and substance.
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9. (i) What is a Taxing Statute?
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10. (j) When are statutes said to be in pari-materia?
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2. Write short notes on the following (any four) 20 Marks

1. (a) The Mischief Rule
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2. (b) Statute must be read as a whole
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3. (c) Explanations
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4. (d) Casus Omissus
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5. (e) Computation of Time
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6. (f) Doctrine of Repugnancy.
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3. Solve the following situational problems (any two) 12 Marks

1. (a) Section 11 of the Family Courts Act, 1984 reads as under: In every 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 party so desires.
   • (i) State and explain when in camera proceedings could be Directory.
   • (ii) State and explain when in camera proceedings would be mandatory.
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2. (b) Circulars issued under the L.I.C. Act are always interpreted in form of policy Holders if two constructions are possible.
   • (i) State and explain the above referred rule of construction.
   • (ii) Mention any two types of statutes which follow the above refered rule of construction.
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3. (c) Marginal Notes are those notes which are inserted at the side of sections in an Act and explain the effect of a section.
   • (i) State and explain when the Marginal Notes loose their importance as an aid.
   • (ii) State the role played by Marginal Notes in interpreting the constitution of India.
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4. Answer the following (any four) 48 Marks

1. (a) Examine the role of proviso in interpreting a statute
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2. (b) Analyze the golden rule of construction
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3. (c) Discuss the Doctrine of Colomable Legislation
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4. (d) Examine the presumption against extra territorial operation of statute
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5. (e) Explain the main rules of construction of a Penal Statute
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6. (f) Critically analyze Ejusdem generis.
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