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Interpretation of Statutes

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0% found this document useful (0 votes)
34 views17 pages

Interpretation of Statutes

Uploaded by

K.S. Upendra
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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<br>

LLB40218/BLB80218
LL.B/B.A.LL.B Degree Examinations - August-2023
IV/Vll Semester
Paper- I1: Interpretation of Statutes
(Regulation-2018)
Time: Three Hours Maximum: 70
Part-A (6x3= 18M)
Answer any six questions.
1. Fiscal statutes
2. Mens rea
3. Primary rule
4. Basic structure
5. Schedules
6. Doctrine of Judicial review
7. Doctrine of Eclipse
8. Colonial legislation
9. Ejusdem Generis
10. Repeal

Part-B (2x 12 =24M)


Answer any two questions.
11. Define statutes? Explain the general principles of interpretation?
12. Discuss the presumptions regarding jurisprudence?
13. Define exceptional construction? Explain the construction to prevent abuse of powers with support
case laws.
14. Explain "Mischief Rule" of purposive construction.

Part-C (2X 14=28M)

Answer any two of the following.

15. A judge interprets an article in the constitution in a beneficial manner not going against the intention of
the statute. Whether this interpretation is valid.
16. 'X' state allotted a public park to private individuals who constructed a five star hotel. "Xa residentof

the neighboring state challenged the allotment as it is affecting the environment. Examine the Locus
standi of Y.
17. state law exempted "Green vegetables" from sales Tax Law. Xa sugarcane former claimed exception
A

of sugarcane leaves is also green. Decide.


18. Supreme court of Indiagave directions to the election commission of India and union of India to bring
certain amendments to the representation of people Act. Is the direction binding?
****
<br>

LLB40218/BLBS80218
-
LLB/B.A.LL.B Degree Examinations OCTOBER-2022
IV/VIII Semester
IPaper- 1l: Interpretation of Statutes
(New Regulation 2018)
Maximum Marks:70
Tinc:Thrce Hours

PART-A-(6x3 =18 Marks)


Answer any SIX of the following
1. Ascctic principle.
2.Evasion of Statutcs.
3.Remclial síatutes.
4.Contemporoncacxpositio.
5.Ganga clausc
6.Codifying statutes
7.Presumption against intending injusticc
8. Prcamble
9.Interprctation of statutes
10.Mandatory and dircctory provisions

PART-B- (2x12=24 Marks)


Answer any TWO of the following
in India
11. What are ihe proccdural requircmcnts for cnactmcnt of'subordinatc legislation
under thc General Clauses Act of 1897?
of different words,.
12.Discuss the subsidiary rules: 'Same words same mcaning, and "use
13. Write a notc on 'Ejusdem Generis'.
14. Explain the assistance of'earlicr and later statutes,
as external aid of construction.

PART-C- (2x14 =28 Marks)


Answer any TWO of the following
15. An appraiser whose service is often sought by the Bank to weigh and test gold ornamets
brought as security for bank loan claims himsclf as workman u/s2(s) of industrial Disputes
Act, 1947. Decide.

16. According to Karnataka Electricity Act, 1948, the Electricityy Board is empowered to fix
electricity tariff depending upon nature of supply, geographic location, purpose of supply and
others. How to interpret the word Others' in this case? Decide with suitable rule of
interpretation.

17. The Street Offences Act, 1959 made it an offence for prostitution to solicit customers in a
public place. Few prostitutes were charged under the law for soliciting public from private
premises in windows or on balconies. Decide with reference to applicable rule of
interpretation of statutes.

18. Special Courts Act, 1992 which confers civil jurisdiction on special court relating to any
property bars the jurisdiction of any other court. Whereas recovery of debts due to Banks and
Financial Institutions Act, 1993 provides for tribunals to rccover debts duc to Banks and
financial Institutions. Both are 'Non Obstance Clauses". Resolve the clash betwecn the two
Javs using relevant rule of interpretation.
****R, ****
<br>

LLB40210/BLB802 10
LL.B/B.A.LL.B Degree Examinations -0CTOBER-2022
IV/VIII Scmester
Paper- VIl: Interpretation of Statutes
(Regulation 2010-|)
Hours
Max Marks 100
Time:Tlree
PART-A- (6x4 =24 Marks)
Answer any SIX of thefollowing
1. Saving clausc
2. I'octrinec
of severability
3. Parliamentary history
4. Marginal netes
5. Remedial statutes.
6. Functuatiou marks.
7.Doctrinc of "pith and substance"
8.Prospcctive opcration of statutes
9.Heyden's rule
10."conteporaneaexpositio"

PART-B-(2x18-36 Marks)
Answer any TWO of the following
11. "The words shall be given the plain and grammatical meaning"". Explain
this statement
with decided cascs.
12. Write a note on beneficial construction.
13. Explain the parts of statutes.
14. Explain the effect of expiry of tcmporary statutes.

PART-C-(2x20 =40 Marks)


Answer any TWO of the following
company. His car
15. 'A' obtains insurance policy against the theft of his car from insurance
was stolen by the passengers he gave a free lift while returning to his home. When A'
claimed insurance, the insurance company denies the compensation. Decide.

of betel leaves shall not be made


16.Ramu contends before the competent court that the sale
liable for sales tax relying a dictionary meaning given
on the said term as vegetable. Decide.

17. B abused A by using unparliamentarily words against him. A angered by this hit
B on his
was declared brought dead. A
head. B fell unconscious and was taken to hospital, where he
was charged with commission of crime under Indian Penal Code, 1860. But A denied the
a
was an
crininal liability holding that he exercised his right of self-defense and the death
accident. Whether A is guilty of crime? Decide with appropriate rule of interpretation.

133 of Cr.P.C. but


J8. Shiva files a water pollution case in criminal court under section
magistrate does not entertain the case stating Pollution Control Board has jurisdiction under
the Water (Prevention and Control of Pollution) Act, 1974, not the Criminal Court. Advice
Shiva with the help of suitable rule of interpretation.
****R****
<br>

0134571
Roll No. [TotalNo. of Pages :2

LLB40218-BLB80218
2021
LL.B / B.A. LL.B DEGREE EXAMINATION, SEPTEMBER-
FOURTH/ EIGIITII SEMESTER
-
PAPER II
INTERPRETATION OF STATUTES
-
(New Regulations 2018)
:
Time:3 Hours Maximum Marks 70

PART - A

Answer any SIX qucstions. Each qucstion carrics 3 Marks. (6x3=18)

1. Judicial Restraint.

2. Presumptions.
3. Explanation.

4. Waiver.

5. Doctrine of Prospective over ruling.

6. State Decisis.

7. Mischief rulew.
8. Residuary Power.

9. Power of Interpretation.
10. Pith and Substance.

PART - B

Answer any TWWO questios. Each question carries 12 Marks. (2x12=24)


a
11. What are the aids to construction of Statute?
12. Discuss directive principles as sources of Constitutional Interpretation.
Statutes?
13. Explain the principles and limitation of' strict construction of Penal
Interpretation?
14. Explain the Golden rule of Interpretation. How does it differ from literal

[Contd...
LLB40218/BLB80218/2021 (1)
<br>

PART -C
Answer any TW0 questions. Each question carrics 14 Marks.
(2x14=28)
15. The Union Parliament enactcd the Wealth Tax Act. This was
Act challenged on the
ground that the Union Parliamcnt has no lcgislative compctcncy to cnact this law
as wealth tax covercd under State 1list. Decidc.

16. A terrorist convictcd to death was in jail waiting to be hangcd.


Despite more than
5 years delay, He was not hangcd as his mercy
petition was not disposed - .off
by the President of India. The terrorist movcd the Supreme
Court to commute the
death penalty on grounds of delay. How this has to be intcrpretcd.

17. A State Legislature cnacted a law limiting the rate


of interest to bc collected by
the money lenders. This law was contested before thc courts on the
ground that
the Parliament and not thc State legislatures have legislative compctence
to enact
such lavw - Decide.

18. X* State enacted a law for regulating the "affairs of the temples" in
that State.
This lawv was challenged before the court on' that ground that it interfere
with the
"freedom of Religion" in the Temples - Decide.

LLB40218/BLB80218 (2)
<br>

12412G
Rcll No. (Total No. of Pages :2

LLB40210/BLB80210
LL.B /B.A. LL.B. DEGREE EXAMINATIONS, SEPTEMBER - 2021
(Examination at the end of Fourth / Eighth Semester)
PAPER - II: INTERPRETATION OF STATUTES
(Regulation : 2010-11)
Time:3 Hours Maximum Marks : 100

-A
SECTION
Write a short notes on any SIX of the following questions. (6x4=24)
1. Judicial Activism.
2. Doctrine of Stare Decisis.
3. Repugnancy.

4. Doctrine of Eclipse.
5. Doctrine of Prospective Over ruling.
6. Schedule.
7. Repeal.
8. Explanation.

9. Marginal Notes.
10. Mens rea.
SECTION - B
Answer any TWO of the following questions. (2x18-36)
11. "The Statute must be read as a whole in its context". Examine the statement with
the decided cases.
12. What are the internal and external aids to construction of Statutes.
13. The Primary function of the court is to promote the 'Intention of Legislature'.
Examine the statement with the decided cases.

LLB40210/BLB80210/2021 (1) (Contd.


<br>

14. With the help of decided cases examine the role of Directive principles in the
interpretation of the constitution.
SECTION - C
Answer any TWO of the following questions. (2×20=40)
15. 'A' put his hand in the pocket of Z' to steal his purse. “Z' pocket was empty. "A' could
not do so. But Z' initiated prosecution against 'A for attempt as an offence. "A'
argued that he was not committed any offence. - Decide.

16. Bihar Sales Tax Act exempted Green Vegetables" from Sales Tax. 'A' a Betel leaf
grower claimed exemption from Sales Tax as Betel leaves are also green in colour
SO exeimpted. - Decide.

17. Under the Bombay Land Acquisition Act 1948 the State of Bombay acquired private
lands for constructing a "Foreign Consulate" as the State Government has power
under law to acquire prviate lands for the “Purpose of the State" or “for any other
purpose". The land owner challenged this acquisition as illegal or giving that the
construction of "Foreign Consulate" is not the function of the State Government
and i; is the duty of the Central Government - Decide.

18. Karuna was granted 12 weeks Maternity leave on full salary. But authorities have paid
iho wages for 72 days on the basis of a week means six working days. Sec 5 of the
Maternity Bencfit Act 1961 provides 12 weeks Maternity leave on full salary.
Karuna contendcd that a week means seven days and entitled for 84 days wages
that is including Sundays. - Decide.

LLB40210/BLB80210 (2)
<br>

marks

STATUTES

EXAMINATION,

:70
Maximum
marks)
marks.

questions.

Semester
OF 2018)

(LLB40218/
2020.
INTERPRETATION
18 3
BLB80218)
carries
DEGREE Regulation
=
NOVEMBER 3 Construction

FourthEighth x SIX

(6
question
any

LL.B. (New SECTION


Answer powers

hours
Each
Construction rule Presumption Harmonious

LL.B./B.A.
laws
II–
Time:Three
of Injustice
Primary

Abuse Penal
Paper

1. 2. 3. 4. 5. 6. 7.
<br>

under
butter
of is so Explain. of Act, can on equality Decide. (LLB40218/ BLB80218)

cream Butter
and validity father,
mother
Guardianship

offence term
stated Constitution.

or that Act.
the
to
the milk the Hindu right
an argues above
above
after
Act challenged

is
product
from the
the the and the only
as violates
Indian

under made 'A' under


that guardian
Minority
not
both.
adulterated
3
mother

example
and covered
declares the
is it
which or curd Hindu. that
under
natural
buffalo
Hindu
not which ground
For from guaranteed

an defined

Selling
Act. or
is
butter
of become

made a Sec.6 1956


cow
an 'A', the
is

17. 18.

(LIB40218/
Judicial a not contradiction

of two
its
BLB80218)
strict

that rule
and is the
employee

argues
which
and Interpretation
interpreting

of
Discuss.
marks)
marks)
marks. marks.

questions.
theory construction
questions.

person
irreconcilable
and
an
cases.
24 12 construction. 28 definition.
Whether

14 is
= =
12 TWO
carries
declaratory
relevant 14 TWO
carries A he in
interpretation. of State.
which
followed

Severability
x x
principles
2
(2 question
Equitable
C-(2
above has
sections.

question
any any
statute B
beneficial

with
defines
in
company
X
SECTION
Answer SECTION
Answer
is
the called
Interpretation

the construction
two
Each the Each
Codifying
of
Doctrine
Equitable functions.
Examine
12 in
included sections.
Explain between
Explain Discuss
private
power. Article
act

An

10. 11. 12. 13. 14. 15. 16.


8. 9.
<br>

marks

STATUTES

following.
EXAMINATION,

100

Maximum:

marks)
(LLB40210/BLB80210)

Semester
OF the
2010-11)
INTERPRETATION

24 of
2019. = SIX
DEGREE
4 review
Fourth/Eighth
x Exposito
(Regulation
any
APRIL decisions.

(6 provisions

A- on Judicial
Ecipse waiver.
LL.BIB.A.LL.B
notes
SECTION
Contemporanea Reprogramming

hours foreign
Transitional

short
-II: Tautology of of of
Preamble
Doctrine Doctrine Doctrine
Time:Threc
Proviso

Write of
Paper
Use

1. 2. 3.
10.
6. 7. 8. 9.
<br>

was of a
a from 194(3)
the the
was.
the the Act
under person
the wvho
for that not The take (LLB40210/BLB80210)
expunged

published privilege

and of Abolition)
of contractors
wvere
"X of portion
petitioners
argued establishment".
not
proceedings license work
article a
When it (a)
privilege as they need
Assembly that 19(1) defined
"any
buildings

and newspaper
the
expunged

and take
newspaper.
because they
argued Decide.

papers,
below
Decide.
(Regulation
for the of
Act to is business

Legislative
legislative
for case hence
contractors labour
"Contractor"
the
under and Act-
house the contractors

news
a
present X" - this
"X" its publish
proceedings.

contract roads of
and 3

in house,
labour
the the
work
a the
constitution.

portion the
right
In employer

the on
under
be. the
of
of cstablishment".

speaker in of
a
fundamental
to contract revises
A
supplies carrying
constructions not any
constitution
Act.
of
publication

portion,
cxpunged
to committee
contempt
legislative
were
principal
license

sought
the
the 1970 doing
The who they
The add are any
of

17. 18.

analyse exceeding comdifying

the the to landless


city also to is - govt activity
extract
the Decide.
(LLB40210/BLB80210)

stone
given wages
state
or of the them by
state
Jurisdiction
143 Decide.
critically
an to challenged invalid-

marks) following.
against.
marks) and the in is of and
to article
following.
people
to power
is mine

construction.
relating
.
statute.
express
to
land
-
rates stone-breaking
the wages

as
manganese
them
36 cases
presumption 40 land business allot Act minimum power
used
advisory was
= the 20= of
association

the wages
18 the for rates
of decided
Act
x
principles consolidating
India x of surplus
order
TWO TWO land this 2
(2 powers. (2 the
govt
- of the C-
Agna
minimum
fix
of minimum
in
rule no This
B any of on of any of the to
enployment Under
rules
industries

SECTION law. Some


explain
court
SECTION have
Answer
help beneficial note constitutional the.
Answer
Bhoodan
the requested govt

and the breaking manganese.

distribute
too the crushing".
prescribed

the a
Examine supreme
state
statute Briefly of persons.

they mineral

Under
Write Court
With "The
U.P also
the the
as of
11. 12. 13. 14. 15. 16.
<br>

marks.

STATUTES

offences.
following.
EXAMINATION,

100

Maximum:

(LLB40210/BLB80210)

marks)
statutory

Semester
OF the
2010-11)

of
INTERPRETATION

2018. 24 SIX
DEGREE
4=
in
Disjunctive.

Fourth/Eighth

any Responsibility
field. decisis.
(Regulation
APRIL
x theory.
A–(6
on occupied

Activism:
LL.B/B.A.LL.B notes poer.
stave
Notes. structure

hours
PART
of Illustrations.
Explanations.

Conjunctive
short
II– Vicarious Marginal
of of Residuary

Doctrine Doctrine
Judicial
Three
Write
Paper Basic

Time:

10.
1. 2. 3. 4. 5. 6 7. 8. 9.

C
<br>

a was had B.T. a


of
"balconies
of for and saying the state excluded
for they affairs
of rights
the law (LLB40210/
BLB80210)

soliciting
Some
as "X" is
prosecuted
balconies
in promoting

qualification
he studied
B.T
Temples

by
virtue
into invalid.
"soliciting a state
prosecution
college8.
that
degree that constitution
this
prostitutes.
hence challerged the enter
traditionally

the ground by
prohibited ground Hindu
manage
religion
and the
he was
be the from and to
to P.G.
for the that constitution right
hence.

to from the amount


B.A. the 25(2)(6)
the B.T into
sought business
the argued
the to of
prescribed

by
challenged
qualification in the
was

on right matter the


act business
principa! B.A. on
of
completion
of entering
and
streets restricting
not (b) enabling temple
articie
offences were post Decide. law 3
fundanental
worship

the does
having "X 25(2) the
Decide. the
principal Degree.

the
prostituteg
their They soliciting govt. for This denominational
of
windows"

as - Article law under

after degree.
communities
in 26(b) includes
street
in
busine88
soliciting windows.
streets-
compulsory

candidate candidate
a
temple
for
-state
worship.
P.G. enacted
enacted
denied degree Under a Article temple
Decide.

The that and P.G. have


the also
A
no the

16. 17. 18.

statutes
of
interpretation

of private other govt. a the no construction

the
(LLB40210/
BLB80210)
doctrine
violation
of challenged
has govt.
any
state construction
is
acquire affair"
of govt.
following. interpretation
following.
state
marks) the the
statutes. against
marks).
or the
explain of owner state
"foreign
state" power
principles to not
statutes.
for
state
36 the 40 the
presumption's
the land the land and
= cases of = this

18 of construction the the for as


TWO of 20 of that private
govt.
× TWO Under The consulate
the penal principles
x empowers
of land 2
(2 decided
C-(2
arguing
B- any
examine
state.
"purposes consulate",

union
law. any
and purpose". private acquire

PART
Answer
the PART
to
international Answer
Harmonious

the the
Remedia!
foreign
law acquisition

Referring Critically Examine, of


Explain -affecting

state
for acquired
"foreign to function
Decide.
public power

land a
of A
of
11. 12. 13. 14. 15.
<br>

marks
24)
STATUTES
=
EXAMINATION, following:
4
100 x

Maximum: (6
(LLB40210/BLB80210)

marks)

Semester
OF 2010-2011) the
INTERPRETATION

of
DEGREE
2017.
24 SX

Fourth/Eighth
4=
any
Severability
APRIL (Regulation A-(6x
Legislation

Clause
on
Statute
LL.B. notes powers
Noscitur-a-sociis

Omissus

hours PART Non-Obstante

LL.B/B.A., short Referential


Temporary

II– of Residuary

Doctrine

Time:Three

Write Causs Repeal


Paper

1. 2. 3. 4. 6. 7. 8.
<br>

(LLB40210/BLB80210)

arguing State
state has. carbon mention carbon sound
said the power, law the Transfer transfer State government
the natural
'carbon Carbon

government
The on I of in the
List help The
Act, Court legislative mentioned

of of non-tribal

of The
include
health.
to or as
Tax sale
sale
notification

use of with Land non-tribal.

government

the
31 person'
the
beings

'paper'.
Entry
Sales the the the public dispute
state not before transfer
Decide.

on on prohibited
such Area to person'
'any. human
does
tax Area
Pradesh
of that
tax government

of challenged no
in to
falls the State Statute
interest
sale guise sale paper Scheduled prohibited
Area 3
argued has Decide to in-the´Scheduled

any
matter include
imposed
Wants
Andhra
impose
.was State
Scheduled the
bya
the and the
words
company
was not
Advise. List.
the law subject
cases.
under bound
government
to only in
amplifiers legislation
that
A.P.
Regulations
government Regulations
only

the power as Union


the
State

Under paper paper paper 'paper


paper'. ground

the
decided

in person

not
land land that
The
no A as i.e. is
16. 17. 18.

(LLB40210/BLB80210)

promote state Indian that Act was Mr.A and is


the
Interpretation'

of
it
Examine
construction

provided
this A shop as
of Mr. Act. him
following:
principle. under
to cases. the the
week.
following:
this for
marks) is marks)
of
Court .Legislature. of covered owner
weekly-off

decided of Act
a violating

literal Rule directive. interpretation the


offences.

36 40 Employees in
the the = of day sole
= 'Mischief
TWO
establishments

of of 20 require
Decide.

18 of help
cases. one the 2
Statutory
x
TWO
function
the
of x for
of C–(2 any was
(2 the rule
closed
prosecuted
fundamental
role Business.

any Pradesh
not
of on Answer

with the he
B
PART
Intention
note the Constitution. PART remain
did
Answer primary
the that
in and
Schedules Rea
statement

statutes'.
a
Examine in Andhra he own
Explain argued

Mens
Write
with
policy shops
shall be hence

The
the his
to
11. 12. 13. 14. 15.
10.
9.
<br>

marks

STATUTES

EXAMINATION, following.

100

Maximum:

marks)

Semester

OF
2010-2011) the
statute.

40210/ 2016.
80210)
INTERPRETATION

of Substance.

DEGREE
24 SIX
singulis.
APRILMAY
4=
Fourth/Eighth
any Antecedent.
of
operation
(LLB
BLB
(Regulation
(6x

– on singular
and
LLB: generis.
notes
Review.
A
notes. Pith
PART
hours materia. Retrospective
Illustrations.

LL.B/B.A.,
short Last
II- Preamble.
Reddendo
Esjusdem
Marginal
of
Doctrine
Judicial
Three
Write of
Paper Rule
Pari

Time:

1. 10.
2. 3. 4. 5. 6. 7.
8 9.
<br>

was the of days


Act the tax. that the
Constitution,

of paper 19(1)(a)
in week employee. leave, employee. premises
corporation
possession

hire or has 40210/


80210)
portion controversy

interpretation
oVner

property provides
from A
Corporation
assembly under
new 12 maternity
84
Decide.
in under
Mr.
Article
get (LLB BLB
permits vested
expunged
primarily
the
women woman
the
in
Whether
The
acting to The
corporation

not
Indian
under the entitled
Sundays. of
statute

held
is Decide.
order. who
legislative

961 a days a Municipal


Buildings' imposition is
Resolve
of imposed
corporation.

he sense.
the for A, A,
speaker
of speaker's
right
principles same he although
not?
Act,
pay Mrs. Mr.
published
is including

if
the
194 72
has Constitution.

full granted
she the on
legal
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16. 17. 18.

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11. 12. 13. 14. 15.

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