Download Goa University BA LLB-5 Years 2015 April 7th Semester Interpretation Of Statutes Question Paper

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LHA-1115

LL.B. (Hons.) (Semester – VII) Examination, April 2015

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INTERPRETATION OF STATUTES

Duration : 3 Hours

Total Marks: 75

Instructions:

1. Answer any four questions from Question nos. 1 to 6.

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2. Question No. 7 is compulsory.
3. Answer any four questions from Question No. 8 to 13.
4. Question No. 14 is compulsory.

SECTION-1 (4x8=32)

1. "The Literal Rule is the first and primary rule of construction". Discuss with the help of cases.

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2. The meaning of a provision in a statute may be construed by reading it in its context. Explain.
3. Discuss the circumstances in which the courts apply the mischief rule of interpretation.
4. "The long title of the statute helps to ascertain the intention of the legislature". Comment.
5. Examine the role of foreign decisions and dictionaries in the interpretation of statutes.
6. Discuss the presumption against ousting the jurisdiction of courts with the help of suitable cases.

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7. Write short notes on any two : (2x3=6)

1. Reddendo singula singulis
2. Definition clauses
3. Codifying statutes.

SECTION-II (4x8=32)

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8. Discuss the rule of ejusdem generis with the help of cases.
9. The question whether a statute is mandatory or directory depends on the intention of the legislature and not on the language used in the statue – Explain.
10. "Courts are reluctant to give certain statutes a retrospective operation" – Explain.
11. Define the following under the General Clauses Act :
    1. Computation of time
    2. Coming into operation of the enactment

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    3. Duty to be taken pro rata
    4. Gender and number.
12. Explain the maxim 'expressio unius est exclusion alterius' with the help of cases.
13. What is Restrictive Construction? Explain with the help of cases.

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14. Write short notes on any two : (2x2.5=5)

1. Construction in bonam partem
2. Harmonious construction
3. Intention of the legislature.

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