LL.B. (Three Years) Sem 5 Interpretation of Statutes Nov 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: All questions are compulsory. Figures to the right indicate full marks. Give caselaw or reasons wherever necessary.

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

1. (a) Explain in brief the maxim 'Casus Omissus'.
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2. (b) What is the meaning of 'Express Repeal'?
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3. (c) Define 'Immovable Property' as laid down in the General Clauses Act.
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4. (d) Explain the concept 'Ejusdem Generis'.
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5. (e) What do you understand by 'Michief Rule'?
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6. (f) Explain 'Ouster or exclusion of jurisdiction'.
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7. (g) What is understood by the term 'Absurdity'?
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8. (h) Explain the rule about 'Anomaly'.
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9. (i) What is the meaning of 'Proviso'?
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10. (j) What is the meaning of 'headings' in a Statute? What is its importance in interpreting a statute?
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2. Write short note on the following (any four) 20 Marks

1. (a) Role of punctuation marks for interpreting statutes.
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2. (b) Restrictive and Extensive
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3. (c) Commencement and termination of time
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4. (d) Mimansa Rules of Interpretation
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5. (e) Doctrine of Repugnancy
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6. (f) Purposive Construction
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3. Solve the following (any two) 12 Marks

1. (a) A state Legislature enacted certain provisions for the welfare of students in High Schools, to further the Right to education. The School Management found those provisions financially Costly and adversely affecting their budget.
   • (i) If two meanings could be interpreted about the said provision, one favouring the school management and other favouring the students, which meaning shall have to be adopted? Why?
   • (ii) Which principle of interpretation is used in such a situation?
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2. (b) A person died leaving behind him property worth crores of Rupees and two Sons and a daughter. Some clauses of his testamentary will could be meant in more than two-three ways.
   • (i) What are the basic rules of interpreting such a will?
   • (ii) Can the will be declared void just because more than one meaning is possible in some of its contents? Why?
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3. (c) The RBI issued an ordinance declaring some currency notes as void from a particular date. The opposition political parties challenges the ordinance stating that only parliament can take such a move so it was void.
   • (i) What type of powers were exercised by RBI according to you, about principles of interpretation of statutes?
   • (ii) What is the meaning of delegated legislation? Could it be execised by RBI?
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4. Answer the following questions (any four) 48 Marks

1. (a) Explain fully the concept of 'Presumption of Constitutionality of a statute'.
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2. (b) Explain in full the meaning and provisions of Repeal of statute. What are the effects of such a repeal?
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3. (c) Explain in full along with the principle involved in the maxim 'Delegates non protest delegare'.
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4. (d) What is the meaning of interpretation of statute? Briefly explain important principles of such interpretation.
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5. (e) Explain what is 'Remedial' and 'Penal' statutes. Give various principles of interpretation which are attracted to them.
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6. (f) Explain the presumption against extra territorial operation of a statute.
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