LLB 3 Years Sem 5 Interpretation Of Statutes May 2012 IoS Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in 2-3 sentences each of the following: - 20 marks
   • (a) Explain the term sententia legis
   • (b) “immovable property” as per General Clause Act,
   • (c) Explain the Doctrine of Occupied Field
   • (d) Name any two external aids to interpretation Explain the of ‘ejusdem
   • (f) What Is a Codifying Statute?
   • (g) the term District Judge under the General Clause Act 1897
   • (h) Explain the term contemporanea - expositio {i} the importance of Historical background as an to interpretation Explain the beneficial rule of
2. Q2 Write short notes on any four of the following: -- 20 marks
   • (b) Headings
   • (c) Doctrine of Colourable Legislation
   • (d) Commencement and Termination of Time
   • (e) Restrictive and Extensive
   • (f) Express Repeal,
3. Q3 Solve any two of the following situational problems: - {a) In K.M. Nanavati v/s State of Bombay The Honourable Supreme Court held that the power of the governor under Article 161 of the Constitution to grant pardon or to suspend a sentence is not available during the period the matter becomes sub judies before the Supreme Court (i} Name the Doctrine applied by the S.C in the above case 12 marks
   • (ii) Explain the Doctrine applied by the Supremew Court in the above case
   • (b) Sawhney v/s Union of India the question before the Honourable Supreme Court was the interpretation of the expression backward class of citizens and the Supreme Court relied upon the speech of Dr. B.R. Ambedkar to give meaning to the expression
   • (i) Explain the role played by the speech of Dr. B.R. Ambedkar in the above case
   • (ii) State the nature of speech and debates as aids to interpretation
   • (C) In 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) the said
4. Q4 Answer any four of the following: - {a) Explain the role of Legislative intention in interpretation 48 marks
   • (b) What is Repeal of a statute? Deal with the effects of Repeal
   • (c) Explain the Doctrine of Pith and Substance with
   • (d) “Taxation Statutes are strictly interpreted” explain
   • (e) Explain with the Golden Rule of Interpretation
   • (f) Explain “presumption of constitutionality “of Statutes

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