{This question paper contains 6 printed pages.] 6378 Your Rol No. LL.B./VI Term A Paper LB-6041 : INTERPRETATION OF STATUTES Time: 3 Hours Maximum Marks > 100 (Write your Roll No. on the top immediately on receipt of this question paper.) Note :— Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper. ope :~ FT IATA I TER Hash a est Pee va ner F Die: Aare wit TERY wT Terr ea A war aT Answer Five questions including question no. 1 which is compulsory. AN questions varry equal marks. sikiarf arr wea | afta aor dita wel a see fee tat weal @ sre wart #1 1. Attempt briefly any four of the following : 20) {a) Principle of Noscitur-a-sociis (b) Effect of repeal of a statute in the light of section 6 of the General Clauses Act, 1897 PLO.6378 2 (c) The function of the court is to interpret the law and not (o legislate (d) Statute must be read as a whole (¢) Words of common usage are to be understood in their popular sense fefeftra 4a fared ame a sae ade F fafa: (@) “uesin arr” ar rar 1 (a) warn we afar, 197 a ue 6 at et A wat Rare S Peat a ue: (7) rare a art RR at Pet wen 2, fet wer aa 21 (a) arp ar pletion vot far wet wet 21 (=) aera warns wea Hl Gast ceowafeer otf F are ear a 2. “A statute is not passed in vacuum but in a frame work of circumstances so as to give a remedy for a known state of affairs. To arrive at its (ruc meaning ene should know the circumstances with reference to which the words were used and what was the object appearing from those circumstances which Parliament had in view.” Make a critical appraisal of the above in the light of Heydon’s rule as applied to the interpretation of statutes. (20)6378 3 “atg RT year aa afar aaa at Ren Y mite fer are @ anfas ser wren Bq Sra wert fee aE | aE WA ot at ere dt fae ay Tr offeafad at oir ule feet eat XY we} ar ei fear wer a oa ffeafadt a am see wera wr at ait wae gra sewer fa aar ane Sake ae Sgr Yay fen ae on, et Frm at oma 2 wed ge auf ar aera again AHR 3. Discuss and illustrate the Golden Rule as applied to the interpretation of statutes. How far is this rule . different from the Literal Rule ? (20) aril & Rider % aa aqeifia fia Ren a deme fee AR 1 as fon se: fee a ant car fie a? 4. “The rule of construction is well settled that when there are im an enactment two provisions which cannot be reconciled with cach other, they should be so constructed that, if possible, effect should be given to both. This is what is known as the rule of harmonious construction.” Discuss the important aspects of this rule with help of decided cases that you know. (20) PATO,6378 4 seit at ue Rat aenia a ger 2 fa wa fet afafaa ¥ a Wa gaara al repr var get A wnderr aa al aaa? aa saa ga wart amie dar alee & a ava eat Oat at A ward aa fea wet ae aa 2 fe anigearpl sefaerr ar Ron per ater 3” sat art @ faPfiua Fel a aaa @ za Fay SF wae veil a fata afar Bring out the distinction between penal and remedial statutes and the rules of interpretation applicable to them. Discuss the current judicial trend in the interpretation of penal statutes. (20) ae ak srt arp A own sa Re agri Ader S Pert Gata Fe at ene athe) diffs areal a Adar 4 fat aafter safe an fate aire The principle of ejusdem generis has to be applied with care and caution. It is not an inviolable rule of law, but only permissible inference in the absence of an indication to the contrary, and where the context and object of the enactment do not require restricted meaning to be attached to the words of general import, it becomes the duty of the courts to give those words their plain and ordinary meaning. Comment critically. (20)378 5 vel rer ar var or ara wae se MA Oy are THAT, wen tar 21 ae fa at smfaaania faa asl 2 fara wea Bait waa HF spa A aaa vH seaTA aKpNT e sik wa aftaa & war ger sea at aeney attr a geet Sh vidafie anf vert fae oe wh omarmar wét 2 wa us at a ada aa wet 2 fa a sa weal ay as ae ak arereT ant vert wet whterora feorit fetta 1 “ Write notes on the following : “(a) Rule of Purposive Construction (b) Importance of maxim uf res magis valeat quam pereat in the interpretation of statutes. (20) Prisfea a feo fefar : (&) vasropres aria at Prat (a) arpt 3 der A ge qa a weet - gene doe TT oT BY What are ‘internal’ and ‘external’ aids to the interpretation of statutes ? Assess the importance of any two of the following in the interpretation of statutes : P.T.O,6378 6 (a) Long Title (b) Proviso (c} Parliamentary History (d) Explanation Q0) ara & daar F aa car stair were anh sar 2 / art & fider ¥ feta Fa fas at A wera ay agate aafay : _ (e) at cinta (a) Te (a) wate after (a) water (300)***