LL.B. (Five Years) Sem 9 Interpretation of Statutes Dec 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Questions are compulsory. Figure to the right indicate full marks. Give case law or reasons wherever necessary. Please check whether you have got the right question paper.
• SECTION I - Answer all questions briefly 20 Marks

1. (a) State with authority whether the General Clauses Act, 1897 applies for the interpretation of the Constitution.
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2. (b) What do you understand by Generalis Specialibus non derogant?
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3. (c) What is 'travaux preparatoires'?
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4. (d) What does the expression 'intention of the legislature' mean?
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5. (e) State the doctrine of prospective overruling with a case law.
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6. (f) What is financial year according to the General Clauses Act?
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7. (g) What are internal aids?
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8. (h) What is secondary rule of interpretation?
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9. (i) What do you mean by presumption against intending injustice?
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10. (j) State and explain the strict rule of construction.
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II Write short notes on (any FOUR) 20 Marks

1. (a) General Clauses Act
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2. (b) Commencement
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3. (c) Taxing statutes and interpretation
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4. (d) Doctrine of Pith and Substance
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5. (e) Interpretation of statutes conferring rights
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6. (f) Prospective operation of statutes
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III Answer (any TWO) 12 Marks

1. (1) The Lokpal and Lokayuktas Act, 2013 requires that the Chairperson or a Member of Lokpal shall not be a person who has been removed or dismissed from the service of the Union or state (Section 3(4))
   • (a) Will this requirement apply to a person removed from Union Service prior to 2013?
   • (b) When in a statute an explanation or clarification is inserted by amendment, will it have retrospective effect or prospective effect?
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2. (2) S. 147(1) of the Maharashtra Public Universities Act, 2016 reads as follows: On and from the date of commencement of this Act, the Maharashtra Universities Act, 1994 shall stand repealed.
   • (a) What is repeal? What kind of repeal do you see in Section 147(1) above?
   • (b) What is omission? Is it different from repeal? Explain
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3. (3) In respect of religious freedom under the Constitution of India, Art. 25(2) enables the state to provide for social welfare and reform by law whereas Art 26 recognizes the right of religious denomination to manage its own affairs in matters of religion.
   • (a) State and explain the rule that will aid in resolution.
   • (b) What are the five principles laid down by the SC in employing this rule of interpretation?
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IV Answer (any FOUR) 48 Marks

1. (a) Explain literal rule of interpretation with case laws.
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2. (b) What are penal statutes? Bring out the principles governing their interpretation.
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3. (c) Discuss the presumptions in statutory interpretation.
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4. (d) What do you understand by welfare legislation? How are the welfare legislations interpreted?
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5. (e) "Statute must be read as a whole" Explain
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6. (f) Write a note on (i) Golden Rule (ii) Heydon's rule
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