LL.B. (Hons.) (Semester – VII) Examination, October 2014
INTERPRETATION OF STATUTES
Instructions:
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- Answer any four questions from Question Nos. 1 to 6.
- Question No. 7 is compulsory.
- Answer any four questions from Question No. 8 to 13.
- Question No. 14 is compulsory.
SECTION-I (4×8=32)
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- Discuss with the help of cases the Golden Rule of interpretation.
- Discuss the rule laid down in Heydon's case.
- The Courts while interpreting statutes have to abide by the maxim 'ut res magis valeat quam pereat' - Explain with the help of relevant cases.
- Explain 'preamble'. State its important role in the interpretation of statutes.
- Explain how far 'later social, economic developments and scientific inventions' aid the judge in the interpretation of statutes.
- "Legislature generally does not intend to give the statute retrospective operation" - Comment.
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7. Write short notes on any two:
- Need for statutory interpretation
- Punctuation marks
- Equitable construction.
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SECTION-II (4x8=32)
- Explain the principle 'words are known by the company they keep,' with the help of suitable cases.
- Explain the presumption against the violation of international conventions and agreements.
- What are mandatory and directory statutes ? Examine the various factors guiding a Judge in holding a provision mandatory or directory.
- Define the following:
- public nuisance
- immovable property
- duty to be taken pro rata
- computation of time.
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- Explain with the help of cases when courts use beneficial construction.
- Explain the difference between codifying and consolidating statutes.
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14. Write notes any two :
- Generalia specialibus non-derogant
- Plain meaning rule
- Expressio unius est exclusio alterius.
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