LL.B. (Five Years) Sem 9 Interpretation of Statutes May 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

Q 1) Answer in 2-3 Sentences 20 Marks

1. (1) Define 'Immovable Property' as defined in The General Clauses Act 1897.
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2. (2) What is Doctrine Pith and Substance?
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3. (3) Define - Interpretation of Statutes.
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4. (4) Define 'Son' as Defined in The General Clauses Act 1897.
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5. (5) What is Causus Omissus?
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6. (6) Explain the Doctrine of Eclipse.
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7. (7) Explain the Rule of Noscitur a Sociis.
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8. (8) Define "Coming into operation of an Act" as Defined in The General Clauses Act 1897.
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9. (9) Explain the Role of the Short Title as Internal Aid of Statutory Interpretation.
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10. (10) What is Sententia Legis?
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Q 2) Write Short Notes (any four) 20 Marks

1. (1) Doctrine of Repugnancy
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2. (2) Strict Construction of Taxing Statutes
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3. (3) Directory and Mandatory Provisions
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4. (4) Doctrine of Severability
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5. (5) Role of Long title and Preamble as Internal Aid
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6. (6) Definitions
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Q 3) Attempt the Situation Based Problems (any two) 12 Marks

1. (1) In Golaknath v State of Punjab, The Supreme Court held that Amendment to the Constitution is "Law" within the meaning of Art 13 of the constitution, but the decision would apply for the Future.
   • (i) State the Famous Principle laid down in the case
   • (ii) Briefly explain the Principle
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2. (2) Section 27 of The General Clauses Act (1897) outlines the meaning of 'Service By Post'.
   • (i) When will the Service be deemed to have been effected?
   • (ii) Explain the Expression "Service by Post"
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3. (3) In Nanavati v/s State of Bombay, The Honourable Supreme Court held that the Power of the Governor under Article 161 of the Constitution to Grant Pardon or Suspend the sentence is not available during the Period the Matter is Sub judice before the Supreme court.
   • (i) Name the Doctrine applied by the S.C in this Case
   • (ii) Explain the Doctrine applied in this Case
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Q 4) Write in detail (any four) 48 Marks

1. (1) State and explain the Golden Rule of Construction with relevant cases.
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2. (2) Explain 'External Aids' of Statutory Interpretation. Mention the various External aids and explain in detail the Role of Dictionaries and text Books and Parliamentary Debates as External aids
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3. (3) Discuss the Mischief Rule with relevant Cases
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4. (4) Mention Different types of Repeal of Statutes and Explain the Consequences of Repeal of a Statute
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5. (5) Discuss the principles of Interpretation of a Remedial statute
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6. (6) Analyze the Presumption of Constitutionality of a Statute
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