LL.B. (Three Years) Sem 5 Interpretation of Statutes Dec 2012 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) When will a thing be deemed to be done in 'Good faith' as per General Clauses Act, 1879?
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2. (b) Define 'Magistrate' as per General Clauses Act, 1897.
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3. (c) Explain the term 'abet' as per General Clauses Act, 1897.
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4. (d) What is 'Immovable property' as per General Clauses Act, 1897?
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5. (e) What is an 'Act' as per General Clauses Act, 1897?
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6. (f) Explain the term 'Official Gazette' under General Clauses Act, 1897.
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7. (g) State how to construe a Penal Act?
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8. (h) State rule of 'Strict Construction'.
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9. (i) What is taxing statute?
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10. (j) State the theory of Ancillary powers.
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2. Write short notes on the following (any four) 20 Marks

1. (a) Doctrine of Pith and Substance
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2. (b) Headings
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3. (c) Mandatory Statutes
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4. (d) Doctrine of occupied field
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5. (e) Ambigous definitions
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6. (f) Explanations.
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3. Solve the following situational problems (any two) 12 Marks

1. (a) In I. C. Golaknath 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.
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2. (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 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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3. (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?
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4. Answer the following (any four) 48 Marks

1. (a) Explain with illustrations the Golden Rule of Interpretation.
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2. (b) Discuss the Mischief Rule of Construction.
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3. (c) 'Taxation Status are strictly interpreted'. Explain.
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4. (d) Examine the presumption against extra-territorial operation of statue.
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5. (e) Explain in detail 'External Aids of Interpretation'.
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6. (f) What is Repeal of a statute? Discuss effect of Repeal.
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