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KNT/KW/16/6999

B.A. LL.B. 5 Years Course Semester–IX (C.B.S.) Examination

INTERPRETATION OF STATUTE
(Course Code–9.2)
Paper – 2
Time : Three Hours] [Maximum Marks : 80
N.B. :— (1) All sections are compulsory. Section A carries 10 marks. Section B carries 30 marks.
Section C carries 40 marks.

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(2) Follow the instructions given in each section.

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SECTION–A

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(Multiple Choice Questions)

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Note :– This section consist of one question having sub-questions carrying 1 mark each.

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1. Attempt any ten of the following : w
(i) The term “sententia legis” means ______.
(a) True intention of Legislature (b) Conventional principles
(c) Legal principles (d) None of the above
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(ii) ______ statutes are liberally construed.

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(a) Penal (b) Fiscal

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(c) Beneficial (d) None of the above

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(iii) The General Clauses Act is also applicable for interpretation of the Constitution :
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(a) True (b) False

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(c) Partially True (d) Partially False

(iv) Illustrations are ______ aid to construction.
(a) Internal (b) External
(c) Subsidiary (d) Mixed
(v) Delegation of essential legislative functions by the legislature is called ______.
(a) Enormous delegation (b) Excessive delegation
(c) Unjust delegation (d) Delegation without jurisdiction

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(vi) Casus omissus is a/an ______ of interpretation.

(a) Internal Aid (b) External Aid
(c) Subsidiary Rule (d) None of the above
(vii) Reports of commissions are ______ aid to interpretation.
(a) Subsidiary (b) Internal
(c) External (d) Mixed aid
(viii) The provisions of taxing statutes regulating limitation period must be given _____ construction.
(a) Liberal (b) Strict

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(c) Literal (d) Primary

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(ix) Perpetual statutes ______.

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(a) Never expire but may be repealed

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(b) Do expire but cannot be repealed

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(c) Never expire but can never be repealed

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(d) Do expire but can be repealed also w
(x) Use of negative words in provisions of statute means that the provision is ______.
(a) Directory (b) Mandatory
(c) Remedial (d) Discretionary
(xi) A law comes to an end when ______.
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(a) it is repealed
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(b) it has completed its prescribed life time

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(c) it is declared unconstitutional by the competent court

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(d) all of the above

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(xii) A precedent created by a High Court is binding on :

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(a) All courts subordinate to it

(b) All High Courts and all subordinate courts
(c) All courts situated within the territory of India
(d) None of the courts
(xiii) ______ can be retrospectively operated.
(a) The laws creating new offences (b) The laws attracting new liability
(c) The laws relating to procedure (d) The laws which tend to abrogate vested rights

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(xiv) Legislature is competent to delegate to a subordinate authority its power to _____.

(a) Make rules, regulations, by laws etc. for its own governance
(b) Prescribe offence and punishment
(c) Amend the law
(d) Repeal a law
(xv) The rule laid down in Heydon’s case is called ______.
(a) Mischief Rule (b) Golden Rule
(c) Harmonius Rule (d) Proper Rule 1×10=10
SECTION–B
(Short Answer Questions)

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Note :– Both the questions in this section are compulsory. Each question carries 15 marks.

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2. Solve any three of the following :

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(a) What is the rule of Literal Construction ?

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(b) Explain the concept of statutes in Pari Materia.

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(c) Discuss the role of marginal notes in interpretation of statutes.

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(d) What do you understand by the term Legal Fiction ? w 5×3=15
3. Write short notes on any three of the following :
(a) Rule of Ejusdem Generis.
(b) Presumption of constitutionality of the rule.
(c) Vicarious liability in statutory offences.
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(d) Distinction between conditional and delegated legislation. 5×3=15

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SECTION–C
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(Long Answer Questions)

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Note :– Attempt any five questions out of the following. Each question carries 8 marks.
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4. “Beneficial Legislations must be liberally construed in favour of subjects.” Discuss.

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5. What are the various internal aids to construction ?

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6. Explain and distinguish between ‘Interpretation’ and ‘Construction’.

7. “Every statute is prima facie prospective unless it is expressly or by necessary implication made to
have retrospective operation”. Discuss.
8. Explain and illustrate the rules for the construction of penal statutes.
9. Explain ‘Golden Rule of Interpretation’ with illustrations.
10. Explain the terms repeal and revival of statutes.
11. Comment on the impact of Globalization on the process of statutory interpretation. 8×5=40

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