LL.B. (Three Years) Sem 5 Interpretation of Statutes Jun 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: All question are compulsory. Figures to the right indicate full marks. Write relevant case laws wherever necessary.

Q1 Write any 6 of the following questions in 2-3 sentences (any six) 12 Marks

1. (1) Define 'Father' as defined in the General clauses act 1897?
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2. (2) Define 'Movable Property' as per general clauses act?
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3. (3) What is Causes Omissus?
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4. (4) Explain the Role of the short Title as internal aid of statutory interpretation?
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5. (5) Explain the rule about 'Anomaly'
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6. (6) What do you understand by 'Mischief Rule?'
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7. (7) What is Doctrine of occupied field?
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8. (8) Explain the Doctrine of Eclipse?
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9. (9) What is understood by the term Absurdity?
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10. (10) What is the meaning of 'Proviso?'
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Q2 Write Short notes on the following (any two) 12 Marks

1. (1) Doctrine of Repugnancy
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2. (2) Rule of Punctuation marks for interpreting statues
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3. (3) Consequences of Repeal of statute
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4. (4) Grammatical rule of interpretation
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Q3 Answer the following of situation problem (any two) 12 Marks

1. (A) A central act is defined the offences but failed to prescribe the procedure for recovery of fitness 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) Section 11 of the family courts act 1984 read as under: In every suitor proceeding to which the act applies the proceedings may be held in camera if the Family court desires and shall be so if either party so desires
   • (1) State and explain when 'In Camera' proceedings would be mandatory.
   • (2) State and explain when 'In Camera' proceedings would be directory.
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3. (C) A central act requires that document to be served by post.
   • (1) What is the meaning of document under General Clause act?
   • (2) Explain service by post under General clause act?
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4. (D) In Nanavati v/s State of Bombay. The honorable Supreme Court held that the power of the Governor under article 161 of the constitution to grant pardon or suspend the sentence is not available during the period the matter is sub judice before the Supreme Court.
   • (1) Name the Doctrine applied by the Supreme Court in this case.
   • (2) Explain the Doctrine applied in this case.
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Q4 Answer the following (any two) 24 Marks

1. (1) Explain the concept of Golden Rule.
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2. (2) Discuss the principles of Interpretation of a remedial statue.
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3. (3) Explain fully concept of 'Presumption of constitutionality' of a statute.
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4. (4) What are the basic principles of interpretation of statutes? Fully explain any two of them?
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