LL.B. (Three Years) Sem 5 Interpretation of Statutes Jun 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Please check whether you have the right question paper. All the questions are compulsory. Figures to right indicate full marks. Cite relevant case laws wherever required.

Q1. Answer in two sentences each (all) 20 Marks

1. (1) Explain Heydons rule of construction?
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2. (2) Explain the term "Swear" according to the General Clauses Act
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3. (3) Define an Affidavit as per General clauses Act?
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4. (4) Explain the term "Registered" as per General Clauses Act?
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5. (5) Define Movable Property as per General Clauses Act?
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6. (6) State importance of Explanations in a Statute
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7. (7) What is a Mandatory Statute?
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8. (8) State and explain the Strict rule of construction?
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9. (9) Explain the doctrine of severability
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10. (10) State and explain the Principle applied in constructing a Penal Act?
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Q2. Write Short Notes on the following (any four) 20 Marks

1. (a) Kinds of Definitions
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2. (b) Doctrine of Pith and Substance
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3. (c) Headings
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4. (d) Residuary Power
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5. (e) Foreign Judgments
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6. (f) Service by Post
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Q3. Situational problems solve the following (any two) 12 Marks

1. (A) A Central Act defined the Offences but failed to prescribe the procedure for recovery of Fines for the Offences made out.
   • (1) Explain the provision of the General clauses Act applicable in the above case.
   • (2) What is an Offence under the General clauses Act?
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2. (B) Article 31C of the constitution of India embodies the Harmonious relationship between fundamental rights and the Directive Principles of State Policy.
   • (1) Name the famous case in which the Supreme Court of India observed that the Fundamental rights and directive Principles constitute the Conscience of the Constitution.
   • (2) Which feature of the constitution did the Supreme court uphold in striking down the portion of Article 31 C introduced by the Constitutional 25th Amendment?
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3. (C) In Western India Plywood v/s P. Ashokan The Supreme Court interpreted Section 53 of the Employees State Insurance Act, 1948 setting out a limitation on the Liberal rule of interpretation.
   • (1) What kind of a statute is the Employees State Insurance Act, 1948?
   • (2) Explain the limitation the Supreme Court spelt out in the above case.
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Q4. Answer the following (any four) 48 Marks

1. (a) Critically analyze the internal aids to construction.
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2. (b) Briefly deal with the Grammatical rule of Construction.
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3. (c) Analyze the presumption against the retrospective operation of Statutes
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4. (d) Set out the Principles of interpretation of Taxation Statutes.
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5. (e) Set out the highlights of the Doctrine of Harmonious Construction
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6. (f) Analyze the effects and consequences of Repeal
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