LL.B. (Three Years) Sem 5 Interpretation of Statutes Nov 2013 IoS Question Paper - Mumbai University | munotes

Questions asked in this paper

• (2) Figures to the right indicate marks alloted

1. Q1 Answer in two to three sentences each 20 marks
   • (a) What is the purpose of interpretation ?
   • (b) Explain the term 'Person' as per General Clauses Act
   • (c) What is meant by 'Beneficial ?
   • (d) What is an enabling statute ?
   • (e) Explain the term 'Pari Materia’
   • (f) Explain the doctrive of prospective over - rulling
   • (g) What is 'short title to the Act' ?
   • (h) Give importance of legislative Debates
   • (i) Explain the term 'District under the General Clauses Act
   • (j) Role of the 'Preamble'in interpretation of the Constitution of India
2. Q2 Write short notes on any four of the following 20 marks
   • (a) Ambiguous Definition
   • (b) Doctrine of liberal Construction
   • (d) Role of
   • (e) Statute must be read as whole
   • (f) Legal fiction
3. Q3 Solve any two of the following situational problems 12 marks
   • (a) The question was whether Section 7 of the Admiratly Court Act of 1861 also gave Jurisdiction over claims for loss of life which otherwise would have come under the Fatal Accident Act
   • (i) Whether the maxim 'Generalis spcialibus non derogant applies here ? Explain
   • (ii) Which Act is regarded as General Act and which is Special Act ?
   • (b) Apublic interest litigation was filed by the Petitioner, a social worker for release of children below 16 years of age detained in jail. It was observed by the Supreme Court that clause (f) of Article 39 provides that children are given opportunities and facilities to develop in a healthy manner and in condition of freedom and dignity, and that the childhood and youth are protected against Exploitation and against moral and material abandonment. All the acts are on the statute book. In some states, the Acts have not yet been brought in force to give effect to Art.' 39
   • (i) What type of Construction is applied for interpreting the protection of
   • (ii) Can the Supreme Court direct the states to enact and implement laws
   • (c) ACentral statute received the presidential assent on 1st January, 2013
   • (i) Explain the term which describes the legal effect
   • (ii) What would be the effect if parliament had to state that the Act would commence from Ist March, 2013 ?
4. Q4 Answer any four of the following 48 marks
   • (a) Discuss the rules of Statutory Interpretation with the help of decided cases ? Explain 'Literal Rule’ and 'Mischief Rule’
   • (b) Explain the statement 'Beneficial is a tendency rather than a rule
   • (c) Discuss the presumption as to jurisdiction of a statute. Can the jurisdiction of a Supreme Court or of a High Court be affected by a Statute ?
   • (d) Give the importance of External and Internal Aids of interpretation
   • (e) Analyze the tests of Implied Repeal
   • (f) Analyze Section 6 of the General Clauses Act
   • g. at aa 20
   • (3) & HU
   • (a) arm
5. Q2 fear 20 marks
   • (ii) ?
   • (A) cose pu. a
   • (a) tara a

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