LL.B. (Three Years) Sem 5 Interpretation of Statutes May 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 one or two sentences 12 Marks

1. (1) Explain the term swear according to the General Clauses Act.
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2. (2) What is a mandatory statute?
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3. (3) Explain the doctrine of severability.
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4. (4) Name any three internal aids to statutory interpretation.
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5. (5) Explain the rule of 'Noscitur a Sociis'.
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6. (6) Define the meaning of headings in a statute.
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7. (7) What is the meaning of retrospective operation of a statute?
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8. (8) What is the meaning of 'mens rea'? Is it applicable to the offences under the Indian Penal Code?
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9. (9) What do you mean by strict construction?
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10. (10) What is the meaning of an 'Absurdity'?
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Q2) Write short notes on the following (any two) 12 Marks

1. (1) Dictionaries as external aids to construction.
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2. (2) Strict construction of taxing statute.
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3. (3) Doctrine of Eclipse
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4. (4) Ejusdem generis.
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Q3) Solve the following (any two) 12 Marks

1. (1) In O.N. Mahindraoo versus Bar Council of India when the advocates Act of 1961 was challenged the Supreme Court observed that the object of this act is to constitute one common bar for India as a whole and to provide machinery for its regulated functioning.
   • (i) State and explain the theory applied by the Honourable Supreme Court in upholding the competency of the Parliament in enacting the law.
   • (ii) If a State legislation amended the above Act could it be valid?
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2. (2) Marginal notes are those notes which are inserted at the side of sections in an Act and explain the effect of a section.
   • (i) State and explain when the Marginal notes lose their importance as an aid.
   • (ii) State the role played by Marginal notes in interpreting the Constitution of India.
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3. (3) 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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4. (4) The appellant was asked to pay duties under the medicine and toilet preparations Act (Excise Duties Act, 1955) on certain preparation. Under this Act excise duty is payable if it contains alcohol. The appellant argued that alcohol means pure alcohol and not alcohol mixed with the preparation of medicine.
   • (i) Explain the rule of construction that applies here.
   • (ii) Explain the principles applied in interpreting taxing statute.
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5. (4) The Parliament passed an Act on 1st January 2003, but provided that the act would commence from 1 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 or a permanent statute or a temporary statute?
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Q4) Answer in details (any two) 24 Marks

1. (1) Explain in full the use of the general clauses act in the interpretation of statutes. Are there any limitations in its use?
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2. (2) What do you understand by 'External Aids' to construction? Explain any three of them in detail.
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3. (3) What is the meaning of delegated legislation? Can there be some delegation?
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4. (4) Discuss strict construction of penal statutes.
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