LL.B. (Three Years) Sem 5 Interpretation of Statutes May 2016 IoS Question Paper - Mumbai University | munotes

Questions asked in this paper

• (2) Figures to the right indicate full marks

1. Q1 the following in not more than 2 sentences What do you mean by 'Express ?
   • (b) What do you understand by ‘Intention of the ?
   • (c) What do you mean by 'Headings' in a statute ? What is its significance
   • (d) What is the meaning of to construction of statutes ? Name’ any What is the meaning of 'Remedial' or statutes ?
   • (f) What do you understand by legislation' ?
   • (g) What is the meaning of the maxim 'casus Omissus' ?
   • (h) ‘What is the meaning of 'rule of literal ? is the meaning of 'Affidavit' ?
   • (j) is the meaning of 'Retrospective ?
2. Q2 Write short Notes on any 4 the
   • (a) Mimansa Rules of interpretation. Oo
   • (c) Perpetual and Temporary
   • (d) Text Books as external aid of statutes
   • (e) Nature of Construction of Legislation
   • (f) Role of International and conventions in construction of
3. Q3 Solve any 2 (two) of the situational problems
   • (a) There wasa legislation on Value Added Taxes (VAT) which contained the word one of its provisions. The said word was not defined in the Act and thejnterpretation of that word was in issue, before a Court of
   • (i) the court rely upon a Dictionary to give the meaning of the word 'Furniture' for interpreting the provision contained in that What would be the position if the word had been defined in the said Act?’
   • (b) was passed by the parliament of India and it got assent of the President of India. No any provision was made in the said Act about its coming into
   • (i) When is such Act deemed to come into operation?
   • (ii) Can such Act be rendered as null and void merely because it does not contain the date of commencement ? Why ?
   • (c) Mumbai Tenancy and Agricultural Lands Act was amended and a word 'Plot' = had more than two interpretations possible, in the given provision and only one interpretation favoured the rights of Farmers for whose benefit the amendment in the Act was legislated
   • (i) Which rule of interpretation shall have to be used and which S interpretation of the said word will have to be-accepted ?
   • (ii) Give full reasons for your answer to above question
4. Q4 Answer any 4 (four) of the following. 48 marks
   • (a) What is the meaning of of statutes' ? some of the important basic principles of interpretation. @
   • (b) What do you understand by aids' to ? Explain any 3 of them in detail. O
   • (c) What do you understand by subsidiary rules ? Enlist some of them and explain in full any 3 of such iary rules of interpretation
   • (d) the meaning of delegated legislation? What is its necessity ? Can there be sub-delegation?
   • (e) Explain in full the rules about of statutes. When can an Act be = to be retrospective in operation ?
   • (f) Explain in full the use of Clauses Act" in the interpretation of statutes. Are there any limitation in its use?
   • P. Code; 26013
   • (3) eta

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