LL.B. (Three Years) Sem 5 Interpretation of Statutes Mar 2023 100 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

Q.1. Answer in two-three sentences 20 Marks

1. (1) What is the rule of Beneficial Construction?
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2. (2) What is 'travaux preparatoires'?
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3. (3) What is Codifying Statute?
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4. (4) What is meant by 'Proviso' in a statute?
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5. (5) State the strict rule of construction.
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6. (6) What is the presumption about territorial operation of a Statute?
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7. (7) Explain 'Delegatus Non Potest Delegare'.
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8. (8) Define 'Good Faith' as defined in the General Clauses Act, 1897.
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9. (9) State the difference between a mandatory and directory provision.
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10. (10) What is meant by In Bonam Partam?
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Q.2. Write short notes on the following (any Four) 20 Marks

1. (1) General Clauses Act.
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2. (2) Preamble as an aid to interpretation of the Constitution.
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3. (3) Doctrine of Eclipse.
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4. (4) Nature and construction of Remedial Statutes
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5. (5) Generalia specialibus non derogant.
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6. (6) Rule against Retrospective Operation of Statutes.
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Q.3. Answer the following (any Two) 12 Marks

1. (1) 'The courts should not be overzealous in searching for ambiguities or obscurities in words which are plain'. (Tata Consultancy Services V. State of A.P. (2005) 1 SCC 308)
   • (a) Explain the Literal Rule of Interpretation in the light of the above statement.
   • (b) State the drawbacks of using literal rules.
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2. (2) The Representation of People's Act, 1951 has two sections which give different directives. S. 33(2) says that a Government Servant can nominate and second a person in an election but S.123(8) says that a government servant cannot assist any candidate in any election other than by casting a vote
   • (a) Which rule needs to be used to keep both the sections alive?
   • (b) What is meant by colorable legislation?
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3. (3) Samanjasya, Vikalpa and Badha are rules of interpretation to deal with conflicting texts in Law
   • (a) Explain the above three rules.
   • (b) To which system of interpretation do they belong?
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Q.4. Write in detail (any Four) 48 Marks

1. (1) Discuss the different types of Statutes.
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2. (2) Explain 'External Aids' of Statutory Interpretation and discuss the important external aids
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3. (3) Discuss Noscitur a Sociis and Ejusdem generis.
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4. (4) Elaborate on Penal Statutes and the rules for interpreting them.
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5. (5) Discuss the Doctrine of 'Pith and Substance' with relevant case laws.
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6. (6) What is meant by repeal of statutes? Discuss the consequences of repeal.
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