LL.B. (Three Years) Sem 5 Interpretation of Statutes Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: All questions are compulsory. Figures to the right indicate marks assigned. Give case-law wherever possible.

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

1. (1) Explain the concept of 'Immovable Property' as per the General Clauses Act, 1879.
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2. (2) What do you mean by rule of 'Strict construction'?
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3. (3) What is meant by the term 'Sententia legis'?
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4. (4) What is meant by 'ejusdem generis'
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5. (5) What is the importance of 'Legislative debates' in interpretation of a statute?
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6. (6) Explain an 'enabling statute.'
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7. (7) Give any 2 internal aids to interpretation.
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8. (8) What is the meaning of a 'Mischief Rule'?
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9. (9) Explain the term 'Vessel' under the General Clauses Act, 1879.
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10. (10) What is the meaning of a 'Short title' to the Act?
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2. Write short notes on the following (any four) 20 Marks

1. (1) Doctrine of colourable legislation.
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2. (2) Commencement and termination of time.
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3. (3) Restrictive and Extensive.
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4. (4) Coming into operation of an Enactment.
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5. (5) Cassus Omisus.
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6. (6) Headings.
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3 - Attempt the following problems (any two) 12 Marks

1. (1) Section 11 of the Family Courts Act, 1984 read as under: "In every suit or proceeding to which this act applies, the proceedings may be held in camera, if the family court so desires and shall be so if either party so desires."
   • (a) State and explain when in-camera procceddings could be directory?
   • (b) State and explain when in-camera proceedings would be mandatory?
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2. (2) In the case of I.C. Golaknath v/s state of punjab, the supreme court of India held that the amendment to the constitution is 'Law' under Article 13 of the constitution, but the decision would apply for the future.
   • (a) State the famous principle of constitutional Interpretation laid down in the above case?
   • (b) Explain in detail the said theory / principle.
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3. (3) A Central Act stated that a document is required to be served by post.
   • (a) When will the service be deemed to have been effected?
   • (b) Explain the expression 'Service by Post'.
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4. Answer in full the following (any four) 48 Marks

1. (1) Fully explain the maxim and its underlying principle: "Delegates non potest Delegare"
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2. (2) Analyze in full the tests of Implied Repeal of a statute.
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3. (3) Discuss the presumption as to jurisdiction of a statute. Can the jurisdiction of the supreme court of India or of a High court be affected by a statute?
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4. (4) Give the significance of the internal and external aids of interpretation of statutes.
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5. (5) Discuss in detail section 6 of the General Clauses Act, 1879.
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6. (6) Explain the role of 'Legislative intention' in interpretation of a statute. How can such intention be gathered or found out?
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