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

Questions asked in this paper

1. Answer the following in not more than two sentence each (all) 20 Marks

1. (a) What do you mean by 'Absurdity'?
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2. (b) What is 'Harmonious Construction'?
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3. (d) What is the rule about 'anomaly'?
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4. (e) What is the doctrine of 'implied over ruling'?
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5. (f) What is the meaning of a 'Proviso'?
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6. (g) What is the meaning of 'Operation of statute'?
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7. (h) What is the meaning of 'exclusion or ouster of jurisdication'?
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8. (i) Explain the term 'abet' as per General Clauses Act, 1897?
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9. (j) What is the meaning of 'Remedial statutes'?
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2. Write short notes on the following (any four) 20 Marks

1. (a) Presumption as to jurisdication of courts.
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2. (b) Grammatical and Logical interpretation of statutes.
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3. (c) The rule of 'Ejusdem Generis'.
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4. (d) Short Title and Long Title of a statute.
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5. (e) Role of punctuation marks in the interpretation of statutes.
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6. (f) Dictionaries as external aid to construction.
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3. Attempt the following (any two) 12 Marks

1. (a) A Session Trial was being conducted in a court. The advocate for the accused was urging the court to hold trial against a co-accused aged 17 also, along with the adult accused. The Juvenile Justice Act could not allow this. The advocate referred to the amended Sec 376 of IPC and urged that since there was public outcry at time of Nirbhaya Rape case in Delhi, Juvenile in such crime also should be tried in sessions court just as adult accused, such mention might have been wrongly left out to be written provision.
   • (1) Would this agrument of the advocate of accused be upheld by court? Why?
   • (2) Comment on 'Casus omisus' briefly and state if it is applicable to this situation.
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2. (b) A new law came into existance in Maharashtra giving interest free loan to persons registered for doing Ph.D in Law, from 1st June 2014. The Act came into operation with effect from 1st June, 2014. Shama was a poor but scholar girl and wanted to get loan for Ph.D. though she was registered in the year 2011. She moved High Court Seeking directions to Govt. to allow her the said benefits.
   • (1) Can this Act of 2014 be applied retrospectively, without such mention in the statute?
   • (2) Why all new Acts are prospective and not retrospective unless so specified?
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3. (c) The words "fruit juices" were used in a context of case before a High Court, pertaning to "beverages". It was argued that 'fruit juices' meant "fresh fruit juices".
   • (1) Can such additional meaning be drawn while interpreting a general words to mean less general words?
   • (2) Is the doctrine of Noscitur A sociis having a role to play while interpreting these words?
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4. Answer the following questions in details (any four) 48 Marks

1. (a) Fully explain the role of internal and external aids of interpretation of statute.
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2. (b) "'Legislative' intention is a guiding light in interpretation of statute": Explain fully stating how such legislative intention is to be gathered?
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3. (c) Fully discuss the provisions of sec.6 of the General clauses Act.
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4. (d) Explain 'Repeal of a statute' and discuss in detail the effect of repeal.
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5. (e) Which are the various 'external aids' of interpretaiton of statutes? Explain them in detail with your comment about utility of each of them
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6. (f) Explain in full the "Presumption of constitutionality" of statutes.
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