LL.B. (Three Years) Sem 5 Interpretation of Statutes May 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

Q I. Answer in two sentences (all) 20 Marks

1. (a) What is golden rule of interpretation?
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2. (b) What is grammatical rule of interpretation
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3. (c) What is Heydon's rule?
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4. (d) Explain expressio unius est exclusio alterius?
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5. (e) What is affidavit according to the General Clause Act?
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6. (f) Explain the term 'father' and the term 'year' according to the General Clause Act?
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7. (g) What is the financial year according to the General Clause Act?
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8. (h) Explain the importance of headings and marginal notes in interpreting a statute?
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9. (i) Explain the term movable property under the General Clause Act?
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10. (j) What is the doctrine of pith and substance?
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Q II. Write short notes (any four) 20 Marks

1. (a) Doctrine of eclipse.
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2. (b) Delegated legislation.
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3. (c) Presumption in interpretation.
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4. (d) General and Special Statutes.
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5. (e) Repeal of statutes.
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6. (f) Service by post.
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Q III. Answer the following (any two) 12 Marks

1. (1) The long title of the Juvenile Justice (Care and Protection of Children) Act, 2015 states that An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic through proper care, protection, development, treatment social re-integration, by adopting a child friendly approach in the adjudication.
   • (a) Explain the importance of Long title in interpretation?
   • (b) What kind of legislation is The Juvenile Justice (Care and Protection of Children) Act, 2015?
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2. (2) In Keshavananda Bharati v State of Kerala, the Supreme Court while interpreting the word 'amendment' in Art.368 referred to the Preamble of the Constitution.
   • (a) What is the importance of preamble while interpretation?
   • (b) Explain the importance of internal aid to interpretation?
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3. (3) Section 11 of the Family Court's Act, 1984 states as follows: In every suit or proceeding to which this Act applies, the proceedings may be held in camera if the family court desires and shall be so if either party so desires.
   • (a) State and explain when, 'in camera' proceeding could be directory?
   • (b) If any of the party insist that proceeding to be held in camera then can Court apply its discretionary power and hold that in camera proceedings is not required. Explain the rule of interpretation?
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Q IV. Write an essay on the following (any four) 48 Marks

1. (a) Explain different internal aid in interpretation of statutes?
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2. (b) Explain the basic rules of interpretation?
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3. (c) Explain mandatory and directory rule of interpretation?
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4. (d) What is the effect of repeal?
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5. (e) Explain the principle in interpretation of Constitution?
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6. (f) Explain external aid to interpretation?
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Read from the scan above, so a character or two may differ. The scan is the original.