LL.B. (Three Years) Sem 5 Interpretation of Statutes 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: The paper is set bilingually, each question in English followed by its Marathi translation. Only the English is reproduced here. Please check whether you have got the right question paper.

MCQ Multiple choice questions 20 Marks

1. 1 Fiscal statutes that impose the pecuniary burden on the taxpayer are called: a. Money Statute b. Taxation statute c. Fiscal statute d. Money Bills
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2. 2 Where a complex sentence has more than one subject, and more than one object, it may be the right construction to render each to each, by reading the provision distributively and applying each object to its appropriate subject. The statement fits into which of the following rules of interpretation? a. The Mischief Rule b. The Golden Rule c. Ejusdem Generis d. Reddendo Singula Singulis
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3. 3 In Carol V. Andrew Barclay and Sons Ltd., (1949-50) 1FJ.R. 1, it was held that Sec.21 of Factories Act imposes an absolute obligation, without any qualification whatsoever, to fence the machinery not only against any dangers, foreseen or unforeseen, foreseeable or unforeseeable. Such interpretation is broad and wide interpretation of a provision because Factories Act is: a. Welfare Statute b. Mandatory Statute c. Statutes conferring powers d. Statutes restricting powers
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4. 4 Which of the following maxims refers to Plaintiff who is equally at fault cannot claim benefits? a. Delegatus non potest delegare b. Expressio Unius, Est Exclusio Alterius c. In pari delicto potior est conditio possidentis d. Ulters valet potior quam pareat
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5. 5 What are Substantive laws? a. Laws does not define rights and responsibilities in civil law, it defines only crimes and punishments in criminal law b. Laws that define rights and responsibilities in civil law, but not crimes and punishments in criminal law c. Laws that neither rights and responsibilities in civil law, and not crimes and punishments in criminal law d. Laws that define rights and responsibilities in civil law, and crimes and punishments in criminal law
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6. 6 If the valid and invalid provisions are so inextricably mixed up that they can not be separated from one another then invalidity of portion must result in invalidity of the act in its entirety. Name the Doctrine: a. Doctine of Eclipse b. Doctrine of Repugnancy c. Doctrine of severability d. Doctrine of implied prohibition
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7. 7 Under General Clauses Act, Government Securities means: a. Securities of central government b. Securities of state government c. Securities approved by president d. Securities of central or state government
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8. 8 The doctine of ______ looks at the nature and character of the legislation: a. Pith and substance b. Repugnancy c. Colourable legislation d. Doctrine ancillary powers
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9. 9 The maxim 'casus Omissus' means: a. An Act of God b. Let the doer beware c. Facts and circumstances constitute a crime d. Case omitted
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10. 10 ______ is used to remove special cases from the general enactment and provide for them specially? a. Exception Clause b. Saving clause c. Proviso d. Non obstante clause
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11. 11 Statutes in pari materia means ______: a. Statutes on different subject matters b. Statutes of the same country c. Statutes on the same subject matter d. Statutes of different countries
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12. 12 In Nanavati V s State of Bombay, the Honourable 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 priod the matter is subjudice before the Supreme Court. Name the Principle applied in this case: a. Doctrine of colourable legislation b. Harmonious Construction c. Doctrine ancilliary powers d. Doctrine of repugnancy
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13. 13 ______ is used to remove special cases from the general enactment and provide for them specially? a. Exception Clause b. Saving clause c. Proviso d. Non obstante clause
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14. 14 Section 4 of Indian Penal code is an example of ______ operation of the statute: a. Territorial b. Extraterritorial c. Local d. Regional
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15. 15 Which of the following type of Statute is The Maternity Benefit (Amendment) Act 2017? a. Taxing Statute b. Penal Statute c. Expressio Unius d. Beneficial Statute
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16. 16 A directory provision is one that ______: a. Must be directed to be done b. Must compulsorily be followed c. Is optional d. Is for the state to follow
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17. 17 Extraterritorial operation of a Statute is an exception to the ______: a. Presumption of Territorial operation of a statute b. Presumption of extraterritorial operation of a Statute c. Presumption of Local operation of a statute d. Presumption of religious operation of a statute
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18. 18 Which of the following is not a settled principle of Interpretation: a. the court must start with the presumption that the legislature did make a mistake b. the court must start with the presumption that the legislature did not make a mistake c. the court will adopt the construction which will carry out the obvious intention of the legislature d. if there is a defect or omission in the words used by the legislature, the court may make up the deficiency
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19. 19 Which of the following is an example of Adjunctival Statutes? a. Limitation Act, 1963 b. Indian Contract Act, 1872 c. Transfer of Property Act 1882 d. Specific Relief Act 1963
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20. 20 Which of the following is secondary rule of Interpretation? a. Harmonious rule of Interpretation b. Reddendo singula singuli c. Literal Rule of Interpretation d. Mischief Rule of Interpretation
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DTQ Descriptive questions, numbered from 1 again on the paper 10 Marks

1. 1 Discuss in brief Haydon's case
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2. 2 What is the purpose of interpretation?
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3. 3 Explain the scope of the obstante clause. How is it different from the phrase 'save as otherwise'?
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4. 4 Write about Colourable legislation
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5. 5 Write note on Doctrine of Prospective Overruling
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6. 6 Define 'Good Faith' as defined in the General Clauses Act, 1897
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7. 7 How the directory and mandatory provisions are interpreted?
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8. 8 Explain the enabling statute.
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9. 9 Explain ut res magis valeat quam pereat
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10. 10 State the presumption against exceeding constitutional powers?
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