LL.B. (Three Years) Sem 5 Interpretation of Statutes Dec 2022 100 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Figures to the right indicate full marks where printed. Give case law or reasons wherever necessary. Please check whether you have got the right question paper.

Q1). Answer in one or two sentences 20 Marks

1. (1) What is the primary rule of interpretation of statutes.
   Read the model answer
2. (2) What is an 'Act' as per General Clauses Act, 1897.
   Read the model answer
3. (3) State the importance of the 'Preamble' in the interpretation of statutes.
   Read the model answer
4. (4) Explain the 'Doctrine of Eclipse.'
   Read the model answer
5. (5) Explain the term 'Affidavit' as per the General Clauses Act, 1897.
   Read the model answer
6. (6) Explain the meaning of 'Noscitur a Sociis'.
   Read the model answer
7. (7) Explain the term 'Imprisonment' under general clauses act 1897.
   Read the model answer
8. (8) What is a 'Codifying Statute.'?
   Read the model answer
9. (9) Explain the meaning of the Maxim 'Generalia Specialibus non derogant.'
   Read the model answer
10. (10) Explain the importance of legislative debates.
    Read the model answer

Q2). Write short notes on the following (any four) 20 Marks

1. (1) What is the difference between the penal statutes and remedial statutes.
   Read the model answer
2. (2) Explain the 'Mischief rule of construction.'
   Read the model answer
3. (3) Doctrine of Pith and Substance.
   Read the model answer
4. (4) What is the importance of 'Doctrine of Harmonious construction' in interpretation of law.
   Read the model answer
5. (5) Explain the concept 'Computation of Time'.
   Read the model answer
6. (6) Explain the concept 'Prospective operation of penal statutes.'
   Read the model answer

Q3). Solve the following (any two) 12 Marks

1. (1) In Indra Sawhney and others versus union of India (1992) the question before the honourable Supreme Court was the Interpretation of the expression backward class of citizens and the Supreme Court relied upon the speech of Dr B.R. Ambedkar to give meaning to the expression.
   • (a) Explain the role played by the speech of Dr. B.R. Ambedkar in the above case.
   • (b) State the nature of speech and debates as aids to interpretation.
   Read the model answer
2. (2) Section 43 of the Arbitration and Conciliation Act, 1996 reads as under, 'The Limitation Act, 1963 shall apply to Arbitration as it applies to proceedings in court.'
   • (a) Explain the rule of Interpretation which can help you to understand section 43 of the Arbitration and Conciliation Act, 1996.
   • (b) Explain the nature of the provision of section 43.
   Read the model answer
3. (3) Road Traffic Act, 1960 requires the driver of a motor vehicle to "stop" after an accident.
   • (a) Whether "Stop" implies momentary pause?
   • (b) Whether the driver is liable to give particulars to the Traffic Police Authority?
   • (c) Which rule of Interpretation is applicable herein
   Read the model answer

Q4). Answer in brief (any 4) 48 Marks

1. (1) What do you understand by 'Internal Aids' to construction? Explain with case laws?
   Read the model answer
2. (2) Set out the Principles of Interpretation of Taxing Statutes.
   Read the model answer
3. (3) What is the meaning of Delegated Legislation? What is its necessity? Can Sub-Delegation be possible? Explain.
   Read the model answer
4. (4) State and explain the Golden Rule of Construction with relevant cases.
   Read the model answer
5. (5) Explain the 'Doctrine of Severability' with relevant cases.
   Read the model answer
6. (6) Analyse the effects and consequences of Repeal.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.