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100 MCQs - Interpretation of Statutes

objective questions to help law students in mcq practice

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Manvendra Singh
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100% found this document useful (1 vote)
3K views27 pages

100 MCQs - Interpretation of Statutes

objective questions to help law students in mcq practice

Uploaded by

Manvendra Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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DAYANAND COLLEGE OF LAW, LATUR.


MCQ QUESTION BANK

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Interpretation of Statutes LL.B III and BSL-V ( Sem- VI )

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1. There is no need for presumptions?
a. The intention of the legislation is clear

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b. The intention of the legislation is not clear

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c. Can be use din any condition
d. All of the above
2. Where in an enactment, there are two provisions which cannot be reconciled
with each other; they should be so interpreted that, if possible effect may be given
La
to both. This is what known as the_____________
a. Rule of harmonious construction
e/
b. Rule of reasonable construction
c. Rule of ejusdem generis
t .m

3. According ________ rule of interpretation meaning of word should be known


from its Accompany ignore associating words?
a. Mischief rule
:/ /

b. Golden rule
c. Noscitur a sociis
d. Primary rule
tp s

4.________means that contemp or an eousex position is the best and strongest in


law?
ht

a. Ejusdem generis
b. Contemporanea Exposition Est Optima Est Fortissim a in Lege
c. Noscitur a sociis
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d. None of above
5. Interpretation of statute should not be given a meaning which would make
other________ Provisions?

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a. In effective

Pd
b. Redundant
c. Dormant
d. None of the above

cq
6. Rule of ejusdem generic is applicable when__________?
a. Specific word follow general words

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b. General word follows specific words
c. Either (a) or (b)
d. Both (a) and (b)
La
7. According to which rule of interpretation old statutes should be interpreted as
they would Have been at the date when they were passed?
e/

a. Expression unisest exclusion alteri us


b. Contemporanea Exposition Est Optima Est Fortissimain Lege
t .m

c. Utresmag is valeat Quam Pareat


d..Nosciur a Sociis
8. According to primary rule, the ________of a statute are to be understood in the
:/ /

is natural, ordinary or popular and grammatical meaning unless such a construction


leads to an Absurdity or contents or object of the statute suggests a different
meaning?
tp s

a. Words
b. Phrase
ht

c. Sentences
d. All of above
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9. If you were looking for them earning of provision, the first place you would look
is______?
a. A dictionary

fs
b. The interne

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c. The definition section
d. Any of the above
10._______sets out in general terms, the purpose of the Act and it often precedes

cq
the preamble?
a. Long title

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b. Short title
c. Preamble
d. None of above
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11. Which of the following is an external aid for interpretation of statute?
a. Parliamentary history
e/

b. Use of foreign decisions


c. Historical background
t .m

d. All of above
12. When statute do not profess to make any alteration in the existing law, but
merely declare Or explain what it is, then such law is known as________?
:/ /

a. Codifying statute
b. Remedial statute
tp s

c. Declaratory statute
d. Consolidating statute
ht
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13. According to the _________the words, phrases, sentence so fast a tute are to be
understood In their natural, ordinary or popular and grammatical meaning, unless
such a construction Leads to an absurdity or contents or object of the statute
suggests a different meaning?

fs
a. Literal construction

Pd
b. Mischief rule
c. Strict rule of interpretation

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d. None of above
14. Which of the following is internal aid for interpretation of statute?

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a. Long title
b. Marginal notes
c. Interpretation clauses
La
d. All of above
15. As per the rule of _________meaning of a word should be known from its
accompany ingor Associating words.
e/

a. Noscitur a sociis
t .m

b. Strict and liberal construction


c. Ejusdem generis
d. None of the above
:/ /

16. Which of the following are acceptable extrinsic material use in interpreting
legislation?
a. Parliamentary committee reports
tp s

b. Dictionaries
c. Notes on Clauses of the bill
ht

d. All of above
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17. Generally ____________are given strict interpretation?


a. Labour
b. Welfare laws

fs
c. Criminal laws

Pd
d. None of the above
18. If there is any appearance of in consistency between the schedule and specific
provision in An enactment, the ________ shall prevail?

cq
a.Schedule
b. Provisions

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c. Both will be applicable as per situation
d. None of the above
19. Heydons case deals with____?
La
a. Mischeif rule
b. Rule of reasonable construction
e/

c. Noscitur a sociis
t .m

d. Golden rule
20. Non obstante clause usually starts with the word___?
a. Provided that
:/ /

b. Notwithstanding anything contained


c. Save as provided otherwise
d. Any of the above
tp s

21._____isused to remove special cases from the general enactment and provide
for them specially?
ht

a. Exception clause
b. Saving clause
c. Proviso
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d. Non obstante clause


22. Ut Res Magis Valeat Quam Pareatis also known as______?
a. Rule of harmonious construction

fs
b. Rule of reasonable construction

Pd
c. Rule of ejusdem generis
d. All of above

cq
23.________contain them an in object of the act?
a. Long title

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b .Short title
c. Preamble
d. None of the above
La
24 .Heydons case,in 1584,was resolved by the?
a. Supreme Court of India
e/
b. Bombay high court
c. Barons of the Exchequer
t .m

d. House of lords
25. When general word follows specific word of a distinct category, the general
word may be given are striated meaning of the same category. His general word
take its meaning from Preceding expression. This is what is known as?
:/ /

a. Rule of harmonies construction


b. Ut Res Magis Valeat Quam Pareat
tp s

c. Ejusdem generis
d. Expression unisest exclusion alteri us
ht

26. In the interpretation of statue, an important role is played by____


a. Schedule
b. Preamble
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c. Heading
d. All of above
27. While constructing a provision in penal statute if there appears to be a

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reasonable doubt or Ambiguity it shall bere solved in favour of?

Pd
a. State government
b. Union
c. Person who would beliable to penalty

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d. None of the above
28. Which of the following is internal aid for interpretation of statute?

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a. Reference to reports of committee
b. Statement of objects and reasons
c. Dictionaries
La
d. Preamble
29. Therules______meanstheexpressmentionofonethingistheexclusionofother?
e/

a. Rule of harmonious construction


t .m

b. Primary rule
c. Ejusdem generis
d. Expressi onunis estexclusion alterius
:/ /

30.Internal aid in interpretation of statute includes?


a. Title
b. Preamble
tp s

c. Marginal notes
d. All of above
ht

31. A statute has been defined as the______


a. Will of the king
b. Will of the society
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c. Will of them agistrate


d. Will of the legislature
32. What is the doctrine of stare decisis?

fs
a. The doctrine of Parliamentary sovereignty

Pd
b. The doctrine of royal pardon
c. The doctrine of statutory interpretation

cq
d. The doctrine of precedent
33. What is case law?

wM
a. Law representing the decision soft he courts
b. Law passed by Parliament
c. Delegated legislation
La
d. Case law is not really law at all
34. What is legislation?
e/
a. Legislation is law made by judges
b. Legislation is law made by Parliament
t .m

c. Legislation is law made by custom


d. Legislation is law made by the Law Commission
35. How many readings must a Billhave in the House of Commons and the House
:/ /

of Lords Before it receives Royal Assent?


a. 1in the House of Commons, 3in the House of Lords
b. 3in the House of Commons,1in the House of Lords
tp s

c. 1in each House


d. 3in each House
ht

36. What is the Committee Stage in the passage of a Bill through the House of
Commons?
a. A committee reading of the title of the Bill
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b. A committee debating the general principles of a Bill


c. A committee considering the provisions of the Bill in detail
d. A committee drafting the Bill

fs
37. How long can the House of Lords delay a Bill (except a Money Bill)?

Pd
a.1month
b.6months

cq
c.1year
d.6years

wM
38. What is a Public Act?
a. An Act affecting particular individuals or individual bodies
b. An Act affecting the general public
La
c. An Act made in private
d. An Act made in public
e/
39. What is meant by statutory interpretation?
a. The interpretation of a statute by Parliament
t .m

b. The interpretation of a statute by the House of Commons


c. The interpretation of a statute by the courts
d. The interpretation of a statute by the House of Lords
:/ /

40. What is meant by the purposive approach?


a. The judge must interpret the statute on purpose
tp s

b.Thejudgemustinterpretthestatuteinthelightofthepurposeofitsenactment
c. The judge must interpret the statute with a purpose ful manner
d. The judge must interpret the statute in the purpose of deciding the case
ht

before him or her


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41. What is them is chief rule?


a. In interpreting statutes, judges should look at the ‘mischief’ which the Act
was passed to prevent

fs
b. There must be no mischief in court

Pd
c. In interpreting statutes, judges should interpret the words literally
d. In interpreting statutes, judges should interpret the words as they see fit
42. What is the rule in Pepperv Hart?

cq
a. Judges can refer to newspapers when interpreting statutes
b. Judges can refer to other judges when interpreting statutes

wM
c. Judges can refer to Hansard when interpreting statutes
d. Judges cannot refer to any external aid when interpreting statutes
43. What is delegated legislation?
La
a. A decision of the courts
b. An Act of Parliament
e/

c. Law made by a delegation


t .m

d. Law made by a person or body to whom Parliament has delegated power


44. Which of these is a disadvantage of delegated legislation?
a. It is quick to produce
:/ /

b. It can be flexible
c. It raises issues of accountability
d. It can be made by reference to special is knowledge
tp s

45. A statute may be interpreted by judges by using different rules. Which of the
following is not a rule of interpretation?
ht

a.Golden Rule.
b. Literal Rule.
c. Mischief Rule.
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d. General Rule.
46. Which of the following statements is a definition of the phase 'ratio decidendi'?
a. The verdict

fs
b. The material facts.

Pd
c. A hypothetical situation.
d. The legal reason for reaching a decision.

cq
47. Which of the following statements is correct?
a. The Supreme Court is bound by its own previous cases.

wM
b. The House of Lords is the highest court of appeal in England and Wales.
c. There are no appeals from decisions of the Court of Appeal.
d. A principle of law set down in a case may be overruled by statute.
La
48. Which of the following is the most accurate description of the Golden Rule of
Interpretation?
a. Justice must be served
e/

b. Literal meaning must always be adopted without fail


t .m

c. Literal meaning must always be adopted except when it leads to absurdity


d. All of the above
e. Context must be understood properly
:/ /

49. Illustration: In Hindustan Lever Emplills Company Limited (TOMCO) and


Hindustan Lever Limited was in dispute. The employees of both Hindustan Lever
Limited and TOMCO were concerned about the amalgamation. One of the grounds
of attack against the scheme was the absence of approval of the central government
tp s

as required under S.23 of the Monopolies and Restrictive Trade Practices Act,
1969. That, however, was deleted in 1991. The Supreme Court stated that it is
significant to take into account the mischief that was sought to be cured through
ht

the amendment of the statute. Accordingly, the court held that once the said section
has been deleted from the statute book, the requirement of prior approval of the
Central Government cannot be brought back through the backdoor. The Supreme
Court was applying what rule of interpretation?
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a. Deletion Rule
b. Mischief Rule
c. Literal Rule

fs
d. Ejusdem Generis

Pd
e. both a) and d)
50. Illustration: In the phrase ‘horses, cattle, sheep, pigs, goats, or any other farm
animal’, the general language ‘or any other farm animal’ — despite its seeming

cq
breadth — would probably be held to include only four-legged, hoofed mammals
typically found on farms, and thus would exclude chickens.

wM
This is an example of which rule of interpretation?
a. Ejusdem Generis
b. noscitur a sociis
La
c. Literal Rule
d. Both a) and b)
e/
51. What Statute is an aid in the interpretation of Statutes?
a. General Clauses Act, 1897
t .m

b. Interpretation of Statutes Act, 1897


c. Law of Legislations, 1897
d. All of the above
:/ /
tp s

52. While applying the literal rule of interpretation, it is important to keep in mind
the:
a. language
ht

b. theme
c. context
d. applicability
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53. Illustration: While interpreting a statute, one has internal and external aids to
construction. Question: Which of the following in not an Internal aid to
construction?

fs
a. long title
b. preamble

Pd
c. headings
d. definitions

cq
e. Parliamentary history
54. Delegatus non potest delegare

wM
a. Debtor follows the person of the debtor
b. An action does not arise from a bare promise
c. A delegated power cannot be further delegated
La
d. The law does not concern itself with trifling matters
55. expressumn facit cessare tacitum
e/

a. Private disadvantage is counter balanced by public good.


b. The reason of a decision.
t .m

c. . An action does not arise from a bare promise


d, express mention of one person or thing is exclusion of another.
56. Generalia specialibus non derogant
:/ /

a. The king can do no wrong.


b. general things do not derogate from special things.
tp s

c. The land passes with its burdens.


d. An accessory follows the principal.
ht

57. Utres valet potior quam pareat.


a. it may rather become operative than null”.
b. A matter adjudged is taken for truth.
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c. An accessory follows the principal.


d. The land passes with its burdens.
58. Expressum facit cessare tacitum.

fs
a. Private disadvantage is counter balanced by public good.

Pd
b. what is expressed makes what is implied to cease.
c. An accessory follows the principal.

cq
d. A matter adjudged is taken for truth.
59. Judicium simper pro veritate accipitur

wM
a. A judgment always accepted as true
b. A judgment pronounced by a judge to decide in a matter falling within his
jurisdiction is of no effect
c. In equal delict, the position of the defender is the stronger
La
d. The immediate and not the remote cause is to be considered
60. Supreme Courts precedent in binding on
e/

a. Courts
t .m

b. Appellate Tribunals
c. Income Tax Authorities
d. All of the above.
:/ /

61. In which of the following cases free and fair election is recognized as basic
structure of Indian Constitution?
a. Indira Gandhi V- Raj Narayan
tp s

b. Minerva Mills V- Union of India


c. Both (A) and (B) above
ht

d. None of the above


62. Doctrine of Separation of Powers was systematically formulated by
a. Plato
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b. Montesquieu
c. Dicey
d. Aristotle

fs
63. ‘Rule of Law’ means

Pd
a. Supremacy of Judiciary
b. Supremacy of Law

cq
c. Equality before Law
d. Supremacy of Parliament

wM
64. Which one of the following statement is true?
a. Delegated legislation cannot have retrospective effect-
b. Delegated legislation can have retrospective effect, if authorized by Act or
Statute-
La
c. Delegated legislation can have retrospective effect, if not authorized by
Act or Statute but have reasonable and rational justification-
e/

d. None of the above-


65. Which of the following interpretations of the Constitution regarding the utility
t .m

of Directives is/are found to be correct?


I. Even though the implementation of a Directive Principle may cause
hardship to a few individu-als, it should be upheld in the larger interests of
:/ /

the community.
II. In view of the absolute prohibition of consumption of liquor in Article 47,
there cannot be any fundamental right to manufacture and sell intoxicating
liquor.
tp s

a. I and II
b. Neither I nor II
ht

c. Only I
d. Only II
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66. The legislative process includes the process of implementing and enforcing the
law once made.
a True

fs
b False

Pd
67. Which of the following statements accurately capture Dicey's view on the
limitations which exist on Parliament's law-making powers?
a. Parliament's law-making powers are subject to external and internal

cq
political limits.
b. Parliament's law-making powers are not subject to any limits.

wM
c. Parliament's law-making powers are subject to legal limitations.
d. Parliament's law-making powers are subject to legal and political
limitations.
68. who is the final answer to interpret the constitution
La
a. The President
b. The Parliament
e/

c. The lok Sabha


t .m

d. The Supreme Court


69. The power of Supreme Court to decide the dispute between the centre and the
states falls under its
:/ /

a. Advisory Jurisdiction
b. Appellate Jurisdiction
c. Original Jurisdiction
tp s

d. Advisory and appellate Jurisdiction


70. When may judges apply the golden rule?
ht

a. When the mischief rule can't be applied


b. In the same circumstances as the purposive approach
c. When applying the literal would be unfair
d. When applying the literal rule leads to an absurd or repugnant result
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71. According to the ___________ rule, the words of the statute are to be given
their plain and ordinary meaning.
a. Literal rule

fs
b. golden rule

Pd
c. natural rule
d. mischief rule
72. Which rule of statutory interpretation should judges apply first?

cq
a. Purposive approach
b. Mischief rule

wM
c. Golden rule
d. Literal rule
73. The concept of the Judicial review has been borrowed from the Constitution of
La
(a) U.K.
(b) Switzerland
e/

(c) U.S.A
t .m

(d) U.S.S.R
74. 7. The idea of 'concurrent list' in the Indian constitution is taken from the
Constitution of............?
a. Ireland
:/ /

b. Canada
c. Australia
tp s

d. Japan
75. What are the four factors the courts are required to consider according to
Heydon's case?
ht

a. What was the mischief and defect for which the common law did not
provide?
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b. What was the common law before the Act was passed?
c. What was the remedy Parliament passed to cure the mischief?
d. All are above

fs
76. When may judges apply the mischief rule?

Pd
a. When there is ambiguity in the statute
b. When there is absurdity

cq
c. When the law needs to be changed
d. When not to do so would lead to injustice

wM
77. Under the _________________ rule the words may be given a secondary
meaning if applying the literal leads to absurdity.
a. mischief rule
La
b. golden rule
c. liber rule
e/
d. none of above
78. The Union List consists of
t .m

a. 97 subjects
b. 61 subjects
c. 47 subjects
:/ /

d. 73 subjects
79. An interpretation of the Constitution of India is based on the spirit of
tp s

a. Fundamental Duties
b. Fundamental Rights
c. Preamble
ht

d. Federal System
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80. The sequence of procedure for passing a Bill in the House is


a. First reading, Committee stage, report stage, second reading, third reading
b. First reading, second reading, committee stage, report stage, third reading

fs
c. First reading, second reading, third reading, Committee stage, report stage

Pd
d. First reading, Committee stage, second reading, third reading
81. In a federal system the guardian of the Constitution is

cq
a. the Parliament
b. the Judiciary

wM
c. the council of Ministers
d. the National Security Advisor
82. The Union Legislature in India is empowered
La
a. Not to amend the basic structure of the Constitution
b. to amend the basic structure of the Constitution
e/
c. To abrogate the basic structure
d. None of these
t .m

83. The states enjoy exclusive jurisdiction over subjects of


a. Union list
b. State list
:/ /

c. Residuary List
d. Concurrent list
tp s

84. Majority provisions of the Constitution of India can be amended by


a. the Parliament
ht

b. The President
c. the State Legislature
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d. the Parliament of the consent of states


85. The procedure for amending the Constitution is in
a. Article 368

fs
b. Article 360

Pd
c. Article 367
d. Article 371

cq
86. The list dividing powers between union and states are given in the -------------
schedule
a. IV

wM
b. V
c. VI
d. VII
La
87. Operation of law means…..
a. prospective operation of law
e/

b. retrospective operation of law


t .m

c. both as above a and b


d. none of above
88. What is mean repeal of law?
:/ /

a. change in law
b. amendment in law
c. removal or reversal of law.
tp s

d. none of above
ht

89. General clauses Act enacted in the year…


a. March 11, 1897
b. January 15, 1920
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c. August 15 1987
d. December 31, 1975
90. The term morals refer…

fs
a. ethics or principles

Pd
b. legal rules by a competent authority .
c. only above a is correct

cq
d. both a and b correct.
91. What is similarity in law and morals?

wM
a. both regulate human conduct
b. both not regulate human conduct
c. both use similar language
La
d. above a and c is correct
92. Morals have ……
e/
a. Universal values
b. various from society to society
t .m

c. various from time to time


d. various from person to person.
93. Law looks to…..
:/ /

a. external conduct
b. internal conduct
tp s

c. both a and b
d. none of above
94. The statutes dealing with tax are termed as….
ht

a. civil statues
b. penal statute
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c. fiscal statutes.
d. personal statutes
95. When there is a conflict between two or more statues or two or more parts of a

fs
statute then the rule

Pd
a. welfare construction
b. strict construction
c. harmonious construction

cq
d. none of above
96. Pith and substance is a legal doctrine in ---

wM
a. Canadian constitutional interpretation
b. Indian constitutional interpretation
c. Indian and Canadian Constitutional interpretation
La
d. none of above
97. The doctrine of colorable legislation refers to the
e/

a. question of competency of the legislature


t .m

b. question of fact
c. question of jurisdiction
d . nature of legislation
:/ /

98. Repugnancy as an inconsistency or contradiction between two or more parts of


a legal instrument
a. true
tp s

b. false
c. can’t say
ht

99. Law Commission of India is an executive body


a. executive body
b. judicial body
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c. legislative body
d. quasi-judicial body
100. The first Law Commission was established during the British Raj era in 1834

fs
a. 1834

Pd
b. 1836
c. 1860

cq
d. 1881

wM
Answer key
1 The intention of the legislation is not clear
2 Rule of harmonious construction
La
3 Noscitur a sociis
4 Contemporanea Exposition Est Optima Est Fortissimain Lege
e/
5 Redundant
6 General word follow specific words
t .m

7 Contemporanea Exposition Est Optima Est Fortissimain Lege


8 all of above
9 The definition section
:/ /

10 Long title
11 Historical background
tp s

12 Declaratory statute
13 Literal Construction
14 All of above
ht

15 Noscitur a sociis
16 All of above
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17 Criminal laws
18 Provisions
19 Mischief rule

fs
20 Not withstanding any thing contained

Pd
21 Proviso
22 Rule of reasonable construction

cq
23 Preamble
24 Barons of the Exchequer

wM
25 Ejusdem generis
26 All of above
27 Person who would beliable to penalty
La
28 Preamble
29 Expression unisestex clusion alterius
e/
30 all of above
31 Will of the legislature
t .m

32 The doctrine of precedent


33 Law representing the decisions of the courts
34 Legislation is law made by parliament
:/ /

35 3ineachHouse
36 A committee considering the provisions of the Bill in detail
tp s

37 1year
38 An Act affecting the general public
39 The interpretation of a statute by the courts
ht

40 The judge must interpret the statute in the light of the purpose of its enactment
41 In interpreting statutes, judges should look at the ‘mischief’ which the Act was
passed
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42 Judges can refer to Hansard when interpreting statutes


43 Law made by a person or body to whom Parliament has delegated power
44 It raises issues of accountability

fs
45. General Rule.

Pd
46. The legal reason for reaching a decision.
47. The Supreme Court is bound by its own previous cases.

cq
48 Context must be understood properly
49 Mischief Rule

wM
50 Literal Rule
51 General Clauses Act, 1897
52 context
La
53 Parliamentary history
54. A delegated power cannot be further delegated
e/
55. Express mention of one person or thing is exclusion of another.
56 general things do not derogate from special things.
t .m

57. it may rather become operative than null”.


58 what is expressed makes what is implied to cease.
59. A judgment always accepted as true
:/ /

60. All of the above.


61. Indira Gandhi V- Raj Narayan
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62. Montesquieu
63. Supremacy of Law
64. Delegated legislation can have retrospective effect, if authorized by Act or
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Statute-
65. I and II
66. False
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67. Parliament's law-making powers are not subject to any limits.


68. The Supreme Court
69. Original Jurisdiction

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70. In the same circumstances as the purposive approach

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71. Literal rule
72. Literal rule

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73. U.S.A
74. Australia

wM
75. All are above
76. When there is ambiguity in the statute
77. Golden rule
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78. 97 subjects
79. Preamble
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80. First reading, second reading, committee stage, report stage, third reading
81. the Judiciary
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82. Not to amend the basic structure of the Constitution


83. State list
84. the Parliament
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85. Article 368


86. VII
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87. Both as above a and b


88. Removal or reversal of law.
89. March 11, 1897
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90. Ethics or principles


91. Above a and c is correct
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92. Universal values


93. External conduct
94. Fiscal statutes.

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95. Harmonious construction

Pd
96. Indian and Canadian Constitutional interpretation
97. Question of competency of the legislature

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98. True.
99. Executive body

wM
100. 1834

La
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