LL.B. (Three Years) Sem 5 Interpretation of Statutes Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: All questions are compulsory. Figures to the right indicate marks alloted.

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

1. (a) What is the purpose of interpretation?
   Read the model answer
2. (b) Explain the term 'Person' as per General Clauses Act.
   Read the model answer
3. (c) What is meant by 'Beneficial Interpretation'?
   Read the model answer
4. (d) What is an enabling statute?
   Read the model answer
5. (e) Explain the term 'Pari Materia'.
   Read the model answer
6. (f) Explain the doctrive of prospective over rulling.
   Read the model answer
7. (g) What is 'short title to the Act'?
   Read the model answer
8. (h) Give importance of legislative Debates.
   Read the model answer
9. (i) Explain the term 'District Judge' under the General Clauses Act.
   Read the model answer
10. (j) Role of the 'Preamble' in interpretation of the Constitution of India.
    Read the model answer

2. Write short notes on the following (any four) 20 Marks

1. (a) Ambiguous Definition.
   Read the model answer
2. (b) Doctrine of liberal Construction.
   Read the model answer
3. (c) Delegates non-potest Delegare.
   Read the model answer
4. (d) Role of 'proviso'.
   Read the model answer
5. (e) Statute must be read as whole.
   Read the model answer
6. (f) Legal fiction.
   Read the model answer

3. Solve the following situational problems (any two) 12 Marks

1. (a) The question was whether Section 7 of the Admiratly Court Act of 1861 also gave Jurisdiction over claims for loss of life which otherwise would have come under the Fatal Accident Act.
   • (i) Whether the maxim 'Generalis spcialibus non derogant applies here? Explain.
   • (ii) Which Act is regarded as General Act and which is Special Act?
   Read the model answer
2. (b) A public interest litigation was filed by the Petitioner, a social worker for release of children below 16 years of age detained in jail. It was observed by the Supreme Court that clause (f) of Article 39 provides that children are given opportunities and facilities to develop in a healthy manner and in condition of freedom and dignity, and that the childhood and youth are protected against Exploitation and against moral and material abandonment. All the acts are on the statute book. In some states, the Acts have not yet been brought in force to give effect to Art. 39.
   • (i) What type of Construction is applied for interpreting the protection of children?
   • (ii) Can the Supreme Court direct the states to enact and implement laws.
   Read the model answer
3. (c) A Central statute received the presidential assent on 1st January, 2013.
   • (i) Explain the term which describes the legal effect.
   • (ii) What would be the effect if parliament had to state that the Act would commence from 1st March, 2013?
   Read the model answer

4. Answer the following (any four) 48 Marks

1. (a) Discuss the rules of Statutory Interpretation with the help of decided cases? Explain 'Literal Rule' and 'Mischief Rule'.
   Read the model answer
2. (b) Explain the statement 'Beneficial Construction' is a tendency rather than a rule.
   Read the model answer
3. (c) Discuss the presumption as to jurisdiction of a statute. Can the jurisdiction of a Supreme Court or of a High Court be affected by a Statute?
   Read the model answer
4. (d) Give the importance of External and Internal Aids of interpretation.
   Read the model answer
5. (e) Analyze the tests of Implied Repeal.
   Read the model answer
6. (f) Analyze Section 6 of the General Clauses Act.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.