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

Questions asked in this paper

• N.B: Answer in 2-3 sentences each in Section I. Figures to the right indicate full marks.

1. Answer in 2-3 sentences each of the following (all) 20 Marks

1. (a) Explain the doctrine of colourable legislation.
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2. (b) Explain "Noscitur a Sociis."
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3. (c) What is a Mandatory Statute.
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4. (d) What is a Codifying Statute.
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5. (e) Explain the term imprisonment under General Clauses Act.
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6. (f) Explain the term magistrate under General Clauses Act.
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7. (g) Explain the term "Vessel" under General Clauses Act.
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8. (h) What is a "State Act" under the General Clauses Act?
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9. (i) Explain the term "Swear" under the General Clauses Act.
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10. (j) What is a Remedial Statute?
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2. Write short notes on the following (any four) 20 Marks

1. (a) Title
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2. (b) The Golden Rule of Construction
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3. (c) Illustration
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4. (d) Doctrine of Implied Powers
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5. (e) Harmonious construction
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6. (f) Coming into operation of a statute.
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3. Solve the following situational problems (any two) 12 Marks

1. (a) Section 8-B of the Consumer Protection Act, 1986 reads 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 statute is the Consumer Protection Act, 1986.
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2. (b) The committees which precede the enactment of a legislation, reports of J. P. C's and report of a commission set up for collecting information leading to the enactment are aids to construction.
   • (i) State the nature of the aids mentioned above.
   • (ii) State the reasons for considering the above as aids to interpretation.
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3. (c) The Income Tax Statute, Sales Tax Statute all belong to a class of statutes, where there is, no room for unexpressed intention to tax.
   • (i) State and explain the rule of construction employed in interpreting the above statutes.
   • (ii) Explain how exemptions with beneficent objects are interpreted in above statutes.
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4. Answer the following (any four) 48 Marks

1. (a) Explain the importance of Definitions in interpreting a statute.
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2. (b) Analyze the Mischief Rule of Construction.
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3. (c) Discuss the Doctrine of Severability.
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4. (d) Analyze construction of a Penal Statute.
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5. (e) Explain the doctrine of Pari Materia.
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6. (f) Briefly discuss the rules of construction of General words.
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