LL.B. (Three Years) Sem 5 Interpretation of Statutes Dec 2023 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 sentences (any six) 12 Marks

1. (1) Name any two external aids to Interpretation.
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2. (2) What is a 'Codifying Statute'?
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3. (3) Explain the principle of 'Ejusdem Generis'.
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4. (4) Explain 'Immovable Property' as per General Clauses Act.
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5. (5) What is 'Taxing Statute'.
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6. (6) State how to construe a 'Penal Act.'
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7. (7) Explain the term 'Official Gazette' under General Clauses Act 1897.
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8. (8) Explain the 'Doctrine of Prospective overruling'.
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9. (9) Explain the 'Primary rule of Interpretation.'
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10. (10) What is an 'Enabling statute'.
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Q2) Write short notes on the following (any two) 12 Marks

1. (1) Delegatus non potest delegare.
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2. (2) The 'Golden rule of Construction.'
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3. (3) Commencement and termination of time.
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4. (4) Marginal notes.
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Q3) Answer the following situational questions (any two) 12 Marks

1. (1) A State law on education conflicted with the union law on education already enacted by Parliament.
   • (i) Which law on education would prevail in the State in the above case. Also state the Article of the Constitution to support your view.
   • (ii) State and explain the Doctrine to be applied to resolve the conflict.
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2. (2) In interpreting provisions of statute which is intended to achieve the object and doing social justice to women workers employed in the plantations and which squarely falls within the pure view of Article 42, of the Constitution.
   • (i) What rule of construction has to be adopted by the Court? Give reasons.
   • (ii) Provisions of statutes in favour of women worker is known as ___.
   • (iii) State the nature of statute which confers benefits a class of person.
   • (iv) Can there be a judicial review to the interpretation made by court?
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3. (3) The Parliament passed an Act on 1st January 2003, but provided that the Act would commence from 1st June 2003 and remain in force till 30th May 2005. The Act received the assent of the President on 3rd of March 2003.
   • (i) State the date and time from which the Act would commence?
   • (ii) State the date and time from which the Act would have commenced had the Parliament not prescribe a date.
   • (iii) What is proper expression for referring to such type of statute, a permanent statute or a temporary statute.
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4. (4) A passenger made a false declaration under Section 116 of the Fiji Customs Ordinance. The accused contended that he had no guilty mind.
   • (i) Whether the accused is liable?
   • (ii) Which Principle of interpretation is applicable herein?
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Q4) Answer in brief (any two) 24 Marks

1. (1) Discuss the principles of Interpretation of taxing statutes.
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2. (2) Briefly deal with the 'Liberal rule of construction.'
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3. (3) Discuss the 'Mischief Rule' with Relevant cases.
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4. (4) Explain External Aids of Statutory Interpretation. Mention the various external Aids and explain in detail the Role of Dictionaries and text Books and Parliamentary Debates as External Aids.
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