LL.B. (Three Years) Sem 5 Interpretation of Statutes Dec 2022 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Figures to the right indicate full marks. Give case law or reasons wherever necessary.

Q1. Answer in two or three sentences (any six) 12 Marks

1. (1) Give any two examples of 'Enabling Statute'.
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2. (2) What do you mean by the term Statute?
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3. (3) Mention any two important purposes of Interpretation of Statute.
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4. (4) What do you mean by non-obstante Clause?
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5. (5) What is Constitutional interpretation of 'Ancillary Powers'?
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6. (6) What do you understand by the Maxim "Expressio Unius Exclusio Alterius"?
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7. (7) What is the purpose of statute conferring powers?
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8. (8) How should a Taxing Statute be interpreted?
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9. (9) Mention any two 'Internal Aids' of interpretation?
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10. (10) Distinguish between Substantive and Procedural Laws?
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Q2. Write short notes on the following (any two) 12 Marks

1. (1) Statute must be read as a whole.
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2. (2) Effect of repeal of a statute in the light of Section 6 of General Clauses Act, 1897.
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3. (3) Principle of 'Noscitur a sociis.'
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4. (4) Importance of Welfare Statute.
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Q3. Answer the questions on situational problem (any two) 12 Marks

1. (1) Safety instruction card of a domestic airline said drinking is prohibited in the craft. Mr X, a passenger on board objected saying "it is violation of his rights as International flights permit drinks". Mr X has filed a case against airlines questioning validity of clause prohibiting drinks.
   • (i) Argue in favour of airlines using rules of interpretation of statute.
   • (ii) Argue in favour of Mr X using rules of interpretation of statute.
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2. (2) A statute conferring free and compulsory education to children between the age of 6-14 was questioned by Mr Y. He said that the statute is violating fundamental right to choose as it is making education compulsory for children. In this background answer the following.
   • (i) Discuss presumption of constitutionality of a statute.
   • (ii) Who has the onus to prove unconstitutionality? Give reasons to your answer.
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3. (3) Mr P, an employee took a bottle of water from the crate from where he was not permitted to take. The employer took disciplinary action against him and dismissed him for his conduct. The company's SOP prescribed Stealing as an offence punishable with dismissal from employment.
   • (i) Write about presumption of interpretation against intending injustice.
   • (ii) Are rules and SOPs made by the employer subject to interpretation by the Court? Give reason to your answer.
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4. (4) An Act was passed by the Parliament of India and which got assented on 1st April 2010 by the President of the country. The Act does not mention its date of coming into operation.
   • (i) When will the Act come into force.
   • (ii) Section 5 of General Clauses Act, 1897 provides for commencement of statute. Discuss about Section 5 of General Clauses Act, 1897.
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Q 4. Answer in detail (any two) 24 Marks

1. (1) Discuss in detail Heydon's rule of Interpretation.
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2. (2) Discuss Golden Rules of Interpretation in light of Joseph Shine case.
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3. (3) Discuss following external aids to interpretation. (i) Dictionary (ii) History of legislation.
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4. (4) Discuss in detail doctrine of 'Prospective Overruling.'
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