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introduction to interpretation of statute
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32 views29 pagesInterpretation of Statues
introduction to interpretation of statute
Uploaded by
Clera DsouzaCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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/ 29
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\ Paper / Subject Code: 68003 ‘Interpretation we
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1. The courts should not be overzealous in searchin,
Plain’. (Tata Consultancy Services V. State of A.P. (2005) 1 SCC 308)
2. The Representation of People’s Act,1951 has two
that a Government Servant can nominate and sec
Government servant cannot assist any candidate in
31460
Q.1. Answer in two- three sentences: -
‘What is the rule of Beneficial Construction?
What is ‘travaux preparatoires’?
What is Codifying statute?
‘What is meant by ‘Proviso’ ina statute?
State the strict rule of construction
\Whatis the presumption about territorial operation ofa Statute?
Explain ‘Delegatus Non Potest Delegare’
Define ‘Good Faith’ as defined.n the General Clauses Act, 1897.
State the difference between a mandatory and directory provision
10. What is meant by In Bonam Partam?
Q.2. Write short notes on any Four :-
General Clauses Act,
Preamble as an aid to interpretation of the Constitution,
Doctrine of Eclipse.
Nature and construction of Remedial Statutes
Generalia specialibus non derogant.
Rule against Retrospective Operation of Statutes.
Q3. Answer any Two :-
2) Explain the Literal Rule of interpretation in the light ofthe above statement,
b) State the drawbacks of using literal rules,
a) Which rule needs to be used to keep both the sections alive?
b) What is meant by colorable legislation?
lof4
917952CCA4SBFI1A11C1029623DB0CBD
(20)
(20)
(12)
1g for ambiguities or obscurities in words which are
sections which give different directives. S, 33(2) says
‘ond a person in an election but $.123(8) says that a
any election other than by casting a vote Paper / Subject Code: 68003 / Interpretation of Statutes
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?
Q.4. Write in detail any Four:- (48)
Discuss the different types of Statutes.
Explain ‘External Aids’ of Statutory Interpretation and discuss the important external aids
Discuss Noscitur a Sociis and Ejusdem generis.
Elaborate on Penal Statutes and the rules for interpreting them.
Discuss the Doctrine of ‘Pith and Substance’ with relevant case laws.
What is meant by repeal of statutes? Discuss the consequences of repeal.
oy een
31460 ‘sem. / | ]
ae Code
Paper / Subject Code: 78713 / Interpreiation of Statutes 4 oA UCL w
oN Thirrell «ex: — a
So\ (* LLB Cater), 10: 20 a
cp Sem VW te ,
V7, ABopn
3 Jo S | 20223
3) Astate k
Parliament.
law on education conflicte
education conflicted with the union law on education already enacted, By
1) Which law on education would prevail in the state in the above case. Also state the article of
the Constitution to support your view.
ii) State and explain the Doctrine to be applied to resolve the conflict.
4) The appellant was asked to pay duties under the medicine and toilet preparations Act (Excise
Duties Act, 1955) on certain preparation.
Under this Act excise duty is payable if it contains alcohol. The appellant argued that alcohol
means pure alcohol and not alcohol mixed with the preparation of medicine.
i) Explain the rule of construction that applies here.
ii) Explain the principles applied in interpreting taxing statute.
4) The Parliament passed an Act on Ist January 2003, but provided that the act would commence
from 1 June 2003 and remain in force till 30th May 2005. The Act received the assent of the
President on 3rd of March 2003.
i) State the date and time from which the Act would commence?
ii) State the date and time from which the Act would have commenced had the Parliament not
prescribe a date
iiiy What is proper expression for referring to such type of statute or a permanent statute or a
temporary statute?
Q4) Answer in details.(any 2). 24 Marks
1) Explain in full the use of the general clauses act inthe interpretation of statutes. Are there any
limitations in its use?
2) What do you understand by “External Aids’ to construction? Explain any three of them in
detail
3) What is the meaning of
4) Discuss strict construction of penal statutes
f delegated legislation? Can there be some delegation?
31642 Page 2 of 4 (60 marks paper)
‘ime: 2Hrs
cme 12 marks
QI). Answer in one or two sentences.
es act.
1. Explain the term swear according to the general claus
2, What is a mandatory statute?
3. Explain the doctrine of severability.
4, Name any three internal aides to statutory interpre!
5. Explain the rule of ‘Noscitur a Sociis’
6. Define the meaning of headings in a statute.
7. What is the meaning of retrospective operatic
8, What is the meaning of ‘mens rea’ it is applica
9. What do you mean by strict construction?
10. What is the meaning of an ‘Absurdity’.?
tation.
ion of a statues?
ble to the offences under the Indian penal code’
Q2) Write short notes.(Any 2) 12 marks
1. Dictionaries as external aides to construction.
2. Strict construction of taxing statute.
3. Doctrine of Eclipse
4, Ejusdem generis.
3) solve the following(Any 2). 12 marks
1, In O.N. Mahindraoo versus Bar Council of India when the advocates Act of 1961 was
challenged the Supreme Court observed that the object of this act is to constitute one common
bar for India as a whole and to provide machinery for its regulated functioning.
i) State and explain the theory applied by the honourabl
y le Supreme C i i
competency of the Parliament in enacting the law. 4 eee ee
ii) Ifa state legislation amended the above Act could it be valid?
2) Marginal notes are those notes which are insert
the effect of a section, fed at the side of sections in an Act and explain
i) State and explain when the Margi
i ginal notes loose thei
ii) State the ¢ their importance as an ai
y Tole played by Marginal notes in interpreting the Const ee pri
itution of India.
31642
Page 1 of 4
9
'T9S2CCA4SBFILA11C]or0¢02ms5,,.,.. Sem. /
. Lagulen Delt
Subject Day | Date Time | Code
Paper / Subject Code: 75713 / Interpretation of Statutes MONE
THUR fem.
(2 Hours) (Total marks: 60]
vn 03ft> [s022 Wo:Beam +0 12% 30pm,
QL. Answer in two or three sentences. (Any) u
1. Give any two examples of “Enabling Statute’,
2. What do you mean by the term statute?
3. Mention any two important purposes of Interpretation of Statute
4. What do you mean by non-obstante Clause? _~ $ ,
5. What is Constitutional interpretation of ‘Ancillary Powers’?
‘6. What do you understand by the: Maxim. “Expressio Unis Exclusion Alterius”?.
7. What is the purpose of statute conferring powers?
‘8. How should a Taxing Statute be interpreted?
9, Mention any two ‘Internal Aids’ of interpretation?
10, Distinguish between Substantive and Procedural laws? *
2. Short Notes (Any 2) ~
~) 1 Statute must be read as a whole. s x
2. Effect of repealof a statute in the light of Section 6 of General Clauses Act, 1897.
3. Principle of Noscitur -e-sociis.”
“4. Importance of Welfare Statute.
Q3:-Answer thé questions on Situatioral problem. (Any 2) 2
4 Safety instruction cafd of a domestic airline éaid drinking is prohibited inthe raft. MrX, @
passenger on board objected saying “itis violation of his rights as Internationa fights permit
drinks", Mex has filed 2 case against airlines questioning validity of clause prohibiting drinks.
{Argue in favour of arlnes using rules of interpretation of statute,
i. Argue in Favour of MrX using rules of interpretation of statute,
2) Astatute conferring fre and compulsory education to children between the age of 6-14 was
questioned by Mr. He sai thatthe tatute is vllatng fundamental right to choose as tis making
‘education compulsory for children. In this background answer the following.
+ i) iscuss presumption of constitutionality ofa statute
it) ho has the dnus to prove unconsttutionality? Give reasons to your answer
oe Page 1 of 4 Paper / Subject Code: 75713 / Interpretation of Statutes
3) Mr an employee took a bottle of water from the crate from from he was not Permitted to typ,
The employer took disciplinary action against him and dismissed him for his conduct, The company
SOP prescribed Stealing as an offence punishable with dismissal from employment.
i.) Write about Presumption of interpretation against intending injustice.
\1) Are rules and SOPs made by the employer subject to interpretation by.the Court? Give reason t,
your answer.
4) An Act was passed by the Parliament of india and which got assented on-1st April 2010 by the
President of the country. Thé Act doug ust mentionvie date of coming into operation.
i.) When will the Act Come into force:
ii.) Section 5 of General Clauses Act, 1897 Provides for commencement of statute. Discuss about
Section 5 of General Clauses Act, 1897, ;
Q4. Answer in detail. (Any 2) B
1. Discuss in detail Heydon’s rule of interpretation.
2. Discuss Golden Rules of interpretation in light of Joseph Shrine case.
3, Discuss following external aids to interpretation.
per General Clauses Act, 1897.
3, State the importance of the ‘Preamble’ in the interpretation of statutes.
4, Explain the ‘Doctrine of Eclipse.
5. Explain the term ‘Affidavit’ as per the Genera Clauses Ac, 1897.
6. Explain the meaning of ‘Noscitur a Soci.
7. Explain the term ‘Imprisonment’ under general clauses act 1897.
8, What is a ‘Codifying Statute.”?
9. Explain the meaning of the Maxim ‘Generalia Specials non derogant.
20, Explain the importance of legislative debates.
{02}, Write short notes on any four of the following,
“What isthe difference between the penal statutes and remedial statutes.?
ZL expiain the ‘Mischief rule of construction.”
AZ.Doctrine of Pith and Substence.
What isthe importance of ‘Doctrine of Harmonious construction’ in interpretation of law.
5. Explain the concept ‘Computation of Time’.
6. Explain the concept ‘Prospective operation of penal statutes’
3). Solve any two of the following
others versus union of india (1992) the question before the honourable
erpretation of the expression backward class of citizens and the Supreme
.ch of Dr B.R. Ambedkar to give meaning to the expression.
Lin indra Sawhney an
‘Supreme Court was the Int
Court relied upon the spe’
') expan the rle played by the speech of Dr. BR. Ambedkar in the above case.
i) State the nature of speech and debates as aids to interpretation
v
2, Section 43 of the Arbitration and Conciliation Act, 2996 reads as under, ‘The Limitation Act, 1963
shall apply to Arbitration asi applies to proceedings In court.” |) Explain the rule of interprets
10 understand section 43 of the
ation which can help you to u! oft =
and Conciliation Act, 1996.
43.
ii explain the nature of the provision of section
_3YRoad Traffic Act, 1960 requires the driver of a motor vehicle to “stop” after an accident
i}Whether “Stop” implies momentary pause?
1i) Whether the driver is liable to give particulars to the Traffic Police Authority?
oy iii) Which rule of interpretation is applicable herein
Q4} Answer in brief (any 4)
What do you understand by ‘internal Aids’ to construction? Explain with case laws?
2. Set out the Principles of Interpretation of Taxing Statutes.
2. Whats the meaning of Delegated Legation? Whats its necessity? Can Sub- Delegation
Possible? Explain.
AState and explain the Golden Rule of Construction with relevant cases.
‘%-Giplam tne ‘Doctrine of Severability’ with relevant cases,
Analyse the effects and consequences of Repeal. wong hagulon Delt
| Sem / | | |
Penner Part / Subicet Day Date | Time | Code
Paper / Subject Coue: jon of Statutes | 3 YF LUR
TE stm
14124 2014
ieee
67903 / Interpret
(Time: 3 Hrs] [ Marks: 100 |
1 Answer all questions briely
2) Sue with authority whether the G
ya wi * General Clauses Act, 1897 applies forthe interpretation of the
5) What do you understand by Generals
<) Whats travaux preparatoires?”
4) What does the expression ‘intention of the |
i lature’ mean?
othe of pepe ering winacaon,
1) What is financial year according to the ”
¢) What are intemal aids?) oH Clauses Ate
1) Wits secondary ue of interpretation?
i) What do you mean by presumption against intending injust
i) Ste and explain the stict rule of constuction
(20)
Specialibus non derogant?
U1 Wire short notes on any FOUR Y
3) General Clayses Act _ @
>) Commencement
+) Taxing sautes and interpretation
4) Doctrine of Pith and Substance
+) Interpretation of statutes conferring rights
1 Prospective operation of statutes
UL Answer any TWO 2)
) The Lokpal and Lokayuktas Act, 2013 requires thatthe Chairperson or a Member of Lokpal
hall not be a person who has been removed or dismissed from the service ofthe Union or
state(Section 3(4))
4) Will his requirement apply to a person removed froma Union Service prior to 2013?
») When in a statute an explanation or clarification is inserted by amendment, will t have
retrospective effect or prospective effect?
2). 147(1) of the Maharashtra Public Universities Act, 2016 teads as follows: On and from the
date of coxsoencement of this Act, the Maharashtra Universities Act, 19°4 shall stand repealed.
‘a) What is repeal? What kind of repeal do you see in Section 147(D) above?
) What is omission? Is it different from repeal? Explain
3) In espeet 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
) What are pena statutes? Bring out the principles governing their interpretation
2) Disvssthe presumptions in statutory interpretation |
3) What do. 4 mdertand ‘by welfare legislation? How are the welfare le’slations interpreted?
+)"Statute must be read as a whole” Explain
Write «note on (i) Golden Rule (il) Heydon's rule
80636 Page 1 of 3
[DIDT08E6AF092FD46BC169C9A0TTEFFD | Sem. 7 ; i
| paet 7 Subiect Day | Date | Time
Mov! DONA pe |
fag Paper / Subject Code: 67903 / Interpretation of Statutes fs
al® LLB aay ye sem 2018 AG
Ke gwlay qlolig
Time: 3 Hours
QI. Answer in two sentences:
1) Explain sententa legs,
b) What is doctrine of occupied field?
©) What isthe importance of marginal notes and punctuati
&) What is remedial statute? Give one example.
¢) What is Penal statute? How is it interpreted? S,
4) What is interpretation of Statutes? eS
8) Explain the term person According to the General: Clause Agt?®
h) What is a disabling Statute? 3
‘y- Explain the term movable property under Se fal Chase A
J) Explain the term Year and vessel under we en ta
(AIl questions are compulsory.)
QM Write short notes on. (Any four).
4) Doctrine of Prospective overrulin
4) Grammatical rule of interpretat
6) Effect of repeal.
4) Mischief rule, :
¢) Harmonious constructor
4) Interpretation of taxing stauté
QM. Situational Problem (yh
1) Section 27 of the, ss
Page 1 of 3
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Part? | Subiect Day | Date |
Pov] Qo. & pee | 3N8[S Sem
V0S1S 8 1.0819 10120 INTERPRETA TION OF SEALULES —
Rae ort
Q.P. Code :04203
(Time: Three Hours} [’Marks:100]
Please check whether you have got the right question paper.
NB: 1. Questions are compulsory.
2. Figure to the right indicate full marks .
3. Give case law/reasons wherever necessary
Answer in 2-3 Sentences a
Define "Good Faith 'As Defined in The General Clauses Act 1897
Define’ Father’ as defined in The General Clauses Act 1897
Explain ' Delegatus non potest delegare’
What is Vessel As Defined in The General Clauses Act 1897
State and explain the rule of Literal Construction
What is a Codifying Statute?
Explain the importance of Historical Background as an aid to Interpretation
Name any three Internal Aids to Statutory Interpretation
What is the Purpose of interpretation of Statutes
What is Sententia Legis.
Write Short Notes (Any Four) 20
Ejusdem Generis
Consequences of Repeal of a Statute “
Doctrine of Prospective Overruling
Proviso (its Purpose and importance)
Golden Rule
Preamble
Attempt the Situation Based Problems (Any Two) . 2
Section 27 of The General Clauses Act (887 outlines the meaning of ‘Service By Post’
4. When will the Service be deemed to have been effected?
>. Explain the Expression "Service by Post”
The question in Seward v. The Vera Cruz was whether Section 7 of the Admiralty Court Act of
1861, which gave jurisdiction to that Court over “any claim for damage done by any ship" also
ave jurisdiction over claims for loss of life which would otherwise come under the Fatal Accidents
‘Act(1855)
3. Explain the Applicability of the Maxim "Generalis Specialibus Non Derogant' in this case
b. What is a General Act and what is a Special Act?
(098B9037C3F714EB119EEODAS8D472C4 x
a4)
2
a
a
Los1s.& L089 / 1.0120 INTERPRETATION OP STATUTES
Q.P. Code :04203
1984 reads as Under -In every suit or Proceeding
0 Wh
Section 11 of the Family Courts Act
Camera’ if the Family Court desires and sh,
allt
the act applies, the proceedings may be held ‘in
Either Party so Desires’
‘a. State and explain w!
b. State and explain when ‘In
Write in detail (Any four)
Discuss the Mischref Rule with relevant Cases
Doctrine of Severability with relevant Cases
Name and explain External Aids to Statutory Interpretation
“statute Must be read as a Whole’
Discuss the Strict Construction of Penal Statutes
Explain the role of Legislative Intention’ in Interpretation of a Statute.
hen ‘in Camera’ proceedings would be Mandatory
Camera’ proceedings would be Directory ‘sem. / |
| Dart / Subject
QP. Code :04202
(Time: Three Hours] [ Marks:100}
Please check whether you have got the right question paper.
NB: 1, All questions are compulsory.
2. Figures to the right indicate full marks.
3. Give case law/reasons wherever necessary.
ai) Answer in 2-3 Sentences :- : (20)
1) Define Immovable Property’ as defined in The Ge es
2) What is Doctrine Pith and Substance?
3) Define - interpretation of Statutes. se
4) Define ‘Son’ as Defined in The General Claudes Act 1897
5) What is Causus Omissus s
6) Exp!ain the Doctrine of Eclipse
7) Explain the Rule of Noscitur a Soci
8) Define "Coming Into operation of an Ret agdetindain nthe General Clauses Act 1897.
8) Explain the Role of the Short Title as Internal Aid of Statutory interpretation.
10) What is Sententia Legis ><
2) Write Short Notes (Any Four) (20)
1) Doctrine of Repugnancy:*<" “
2) Strict Construction of: (Taxing Statutes
3) Directory and Mandseh ewe one
4) Doctrine of Severa
5) Role of Long te ea re
6) Definitions SSS
9 Scheme ‘any Two) (12)
1) InGolakriath v State ‘af Punjab’, The Supreme Court held that Amendment to the
Constitution is "Lary within the meading of Art 13 of the constitution ,but the decision
r the Furlre ey ,
tet & Famous Principle laid down in the case
oe “sears expla whe Punible
ae stan 27 0 of the G eneralc ‘Clauses Act (1897) outlines the meaning of ‘Service By Post
at Ao
