0101 - Interpretation of Statues

Q.1 Answer the following questions in one or two sentences. 2 marks each

1. What do you mean by doctrine of eclipse?

2. What is harmonious construction?
3. What is a Remedial Statue?
4. What is a Territorial Statute?
5. What are conjunctive and disjunctive statutes?
6. What do you mean by Generalia Specialibus Non Derogant?
7. What is Casus Omissus?
8. What are public and private statutes?
9. Explain textbook as an aid to interpretation of statutes.
10. Explain In Pari Delicto Potior Est Conditio Possidentis?
11. Define 'Father' as under the General Clauses Act, 1897.
12. What is the meaning of ‘Delegatus Non Potest Delegare‘ ?
13. What are statutes in pari material?
14. Define 'Good Faith as under the General Clauses Act, 1897.
15. Define ' Commencement' as under the General Clauses Act, 1897.
16. Define 'Financial Year' as under the General Clauses Act, 1897.

17. Define ‘Public Nuisance’ as under the General Clauses Act, 1897
18. Define ‘Collector’ as under the General Clauses Act, 1897
19. What is a Dictionary as an External Aid to Interpretation of Statutes?
20. What do you mean by a temporary statute?
21. Define ‘Oath’ as under the General Clauses Act, 1897.
22. Define ‘Commissioner’ as under the General Clauses Act, 1897
23. What is Cassus Omissus?
24. What do you mean by Expressio Unis Est Exclusion Alteri us?
25. What is doctrine of severability?
26. What do you mean by Reddendo Singula Singulis?
27. Define ' person ' as under the General Clauses Act.
28. Define ' offence' as under the General Clauses Act.
29. Define ' father ' as under the General Clauses Act.
30. Define ' will' as under the General Clauses Act.
20 marks each
1. Enumerate and discuss with case laws the different presumption s followed in
interpretation of statutes.
2. Discuss the Mischief Rule of interpretation of statutes with case laws.
3. Taxing and Penal statutes must be strictly interpreted. Elaborate with case laws.
4. Enumerate and discuss with case laws the different External Aids to interpretation of
statutes.
5. Explain, in detail, how different parts of a statute help in the interpretation of statutes.
Cite examples.
6. Write short notes on:
a) I.C. Golaknath Vs. State of Punjab
b) Beneficial Construction
7. Explain, in detail, the various presumptions in interpretation of Statutes. Cite ease laws.

8. The golden rule of interpretation of statutes solves all problems by modifying the
meaning of the words of a statute to remove absurdity. Explain in detail.
9. What are the various internal L Aids to Interpretation of Statutes? Explain in with
illustrations and case laws
10. Discuss the Golden Rule e of Interpretation of Statutes with case laws
11. Discuss, in detail, the various presumptions in interpretation of Statutes.
12. Discuss, with case laws, the strict interpretation of Penal statutes and Taxing
statutes.

Write short notes – 5 marks each

1. Remedial statutes
2. Golaknath Vs. State of Punjab
3. Welfare legislation
4. Statutes in Pari Materia
5. Noscitur a Sociis
6. Doctrine of Eclipse
7. Delegates Non Potest Delegare
8. Classification of statutes on the basis of object
9. Beneficial construction

Solve the following problems – 5 Marks each

a) In state of Bombay Vs. F. N. Balsara, the State Legislature enacted the Bombay Prohibition
Act, 1949 in relation with intoxicating liquors. This law was challenged on the ground that
intoxicating liquor was a subject in the Union List. But the Court interpreted the conflicting Union
and State entries and observed that sometimes there is a need to understand the true nature and
character of a statute. The court held the law enacted by the State Legislature to be valid.

i) What is the principle of constitutional interpretation used in this case?

ii) Explain the rule of harmonious construction.
 b) In Pradeep Agarbatti Vs. State of Punjab, the work ‘perfumery’ had to be interpreted under the
Punjab General Sales Tax Act. The Act contained a provision which read as ‘cosmetics, perfumery
and toilet goods. ‘The Court held that perfumery derived its meaning from the associated words
and it cannot mean perfumes and agarbattis.

i) What is the principle of interpretation applied here to interpret the work ‘perfumery’?
ii) Explain the principle of interpretation with an example

c) In Atlas Cycle Industries Ltd. Vs. State of Haryana, some new areas were added to a Municipality.
Rules, bye-laws, orders were automatically made applicable to these new areas for imposition of tax.
The question before the Court was whether a taxing statute can impose tax impliedly or automatically
without an express mention.

i) How are taxing statutes interpreted by the courts?

ii) Can Rule bye-laws, orders be automatically made applicable to the new areas for
imposition of tax? Give reasons.

d) In state of Bombay v/s R.M.D. Chamarbaugwala, a newspaper printed and published in

Bangalore ran a prize competition for which entries were received by agents in Bombay. A tax was
imposed on this activity which was opposed on grounds of extra territorial operation. It was held
that he had to pay the tax on the basis of ‘territorial nexus’

i) What is the presumption against extra territorial operation of statutes?

ii) Explain the principle of ‘territorial nexus’.

e) In Ramavatar v/s Asst. Sales Tax Commissioner, the question before the court was whether the
sale of ‘betel leaves’ was subject to sales tax. The appellant contended that betel leaves were
vegetables on which sales tax could not be imposed he relied on the Dictionary meaning of vegetable
which says that a vegetable –is that which is derived or obtained from plants or their parts. The court
rejected this contention and said their sale is liable to sales tax.
i) Explain ‘Dictionary’ as an External Aid to Interpretation.
ii) What was the rule of Interpretation applied by the court in deciding that ‘betel leaves’
and subject to Sales Tax.

f) The state of Maharashtra has enacted a law on Education and it conflicts with a Union Law
already enacted by Parliament.
 i) Which law will prevail in the State. Give reasons.
ii) Explain the doctrine of ‘Repugnancy’ and ‘Occupied Field’ with reference to the
above case.

g) In I. C. Golakhnath v/s State of Punjab the court held that the Parliament had no authority to
amend the Fundamental Rights. It was ruled that the word law in Article 13 [2] means ordinary
and constitutional law both and hence the state had no power to make any constitutional
amendment. However it was said that the Principle of Constitutional Interpretation fail down in
this ruling would apply only to future cases. It would not have retrospective Operation.
i) What is Retrospective Operation of Statutes?
ii) Name and explain the said Principle of Constitutional Interpretation that was laid
down in the above the case.
 0102 - Civil Procedure Code
Q.1 Answer the following questions in one or two sentences. 2 Marks each
1. What is an ex-parte decree?
2. Who is a pauper?
3. What is the difference between Judgement and Decree?
4. Define Order
5. When is Receiver appointed by the Court?
6. What is the effect of limitation on minority?
7. What happens when the plaintiff dies when his suit is pending?
8. What do you mean by Original and Appellate jurisdiction?
9. What is an Appeal?
10. What is misjoinder of parties?
11. What is Reference?
12. What are evasive denials?
13. When does a plaint get rejected?
14. State any 2 conditions of Res Judicata
15. Who is a Garnishee?
16. Who is a Pauper?
17. What do you mean by "Plaint"?
18. State any 2 conditions of Res Judicata.
19. Who is a judgment creditor?
20. When is a receiver appointed by the Court?
21. What is a Plaint?
22. Who is next friend?
23. What is a precept?
24. What are the different modes of execution of decree?
25. Who is a “Legal Representative” under the Code of Civil Procedure, 1908?
26. What is a Reference?
27. What is a written statement?
28. What is meant by attachment of property?
29. Who is a judgment creditor?
30. What is meant by attachment of property?

20 marks each
1. Discuss the provisions of review and revision under the Code of Civil Procedure, 1908
2. Explain the provisions relating to summary suits.
3. Explain in detail the provisions relating to decree.
4. Write in detail
 a. Effect of Acknowledgement in writing on limitation
b. Legal Disability
5. Explain the following….
a. Kinds of Jurisdiction
b. Law of Adverse possession under the Indian Limitation Act, 1963.

6. Explain Reference and Revision.

7. Discuss in detail the provisions relating to Appeals under the Code of Civil
Procedure

8. Explain-
a. Suits by or against indigent persons.
b. Suits by or against minors and persons of unsound mind
9. Describe in detail ' Place of Suing' under the e provis ion s of Civil Procedure Code.
10. Write a detailed essay on “Arrest before judgment” and “Attachment before judgment”.
11. Explain the provision relating to summary suits

Write Short Notes (5 marks each)

1. Foreign Judgment
2. Caveat
3. Appeals
4. Set- off and Counter claim
5. Summary Suits
6. Counter claim and Set off
7. Appeal
8. Powers of Court Receiver.

Q.6 Solve the following problems – (15

Marks)

1. David wants to file an appeal in Mumbai High Court. The limitation period for filing the appeal
is expiring on 26 February, 2019 which happens to be a Court holiday. On 27th February, 2019, a
curfew was imposed throughout the country.

i) Can David still file an appeal even after the expiry of the period of Limitation?
Give reason for your answer.
ii) What are the circumstances under which period of limitation can be extended?
 2. '' A" filed a suit against 'B' in the City Civil Court in Mumbai. 'B' objects on the
ground that the Court has no jurisdiction.
i) What is the remedy available to ' A'?
ii) Will the Court fees paid by ' A' be refunded to him?
iii) Can 'A' successfully take up the plea for condonation of delay and what are the
grounds that he will raise in his support?

3. Pooja, the defendant, received the write of summons on 10th January, 2017. She was required
to file her written statement. However, from 1st February 2017 to 10th March 2017, she was sick
and was advised bed rest by the doctors and therefore could not file her written statement.
iii) Will the Court allow her to file written statement in the above situation? Give reasons
for your answer.
iv) What is a written statement?

4. " B" and "C" pass a joint promissory note to 'A" at Ahmedabad, and payable at
Ahmedabad. 'B' resides at Surat and 'C' at Vadodara. They fail to repay the debt.Where
can "A' file a suit against "B' and ' C’.

5. “ P” enters into a contract in Mumbai with “Q” for sale of foods. The goods are delivered in
Chennai and price for the goods is agreed to be paid at Delhi. “Q” delivers the goods. However, “P”
refuses to pay the full price as agreed upon. “Q” wishes to file a suit for the pending price against
“P”.

i) Where can “Q” file a suit against “P”?

ii) If “O” was residing in Gujarat, can he file a suit at Gujarat?

6. A agrees to sell and deliver to B 500 kegs of sugar at the rate of Rs.40 per kilo on
30.6.2015. On the same day he also agrees to sell and deliver to C same quantity of
sugar at the same rate on the same date. Can B and C join together as plaintiffs in one
suit against A and if not, then why not. Give reasons.
 0103 - Jurisprudence
Q.1 Answer the following questions in one or two sentences. (20 Marks)
1. What do you mean by Jurisprudence?
2. What do you mean by tangible property?
3. Who is the founder of pure theory of law?
4. Define Natural Person.
5. What does Volksgeist mean?
6. Define ownership.
7. What do you mean by sanctioning rights?
8. What is meant by Legal Realism?
9. What is the legal status of an unborn person?
10. The word "Jurisprudence" is defined from which Latin word?
11. What do you mean by Animus Possidendi?
12. What do you mean by PIL?
13. Define Custom.
14. What does corporate sole mean?
15. Mention any two schools of law.
16. What do you mean by primary rights?
17. Define Juristic Person?
18. What is Dharma?
19. Define Property.
20. What do you mean by “Grundnorm”?
21. Who is the founder of Pure Theory of Law?
22. Mention two examples of juristic person.
23. What do you mean by Doctrine of Stare Decisis?
24. What is feminist jurisprudence?
25. Define Legal Duty?
26. What is adverse. possession?
27. State any two modes of acquiring property.
28. Mention any two modes of acquiring property.
29. What is the legal status of unborn person?
30. Define Law as per Austin's view.

20 marks each

1. Discuss the various Sources of Law.

2. Discuss the contribution of Natural Law School of Jurisprudence in study of Law.
3. Define Doctrine of Precedent. Explain the terms "Ratio Decidendi" and "Obiter Dicta" with
reference to Article 141 of the Indian Constitution.
4. "Law is a social institution aiming to satisfy maximum social wants". Evaluate the statement
with reference to Prof. Pound's Theory of Law.
5. Explain the concept of Precedent in detail
6. Explain the pure theory of law by Hans Kelson as Normative Science. Elucidate the concept
of Grund norm.
7. Write a detailed note on the concept of Legal Rights
8. Explain the concept of Legal Rights in detail.
9. Define property. What are the different kinds of property a person can own under the law?
10. Discuss Prof. Roscoe Pound Theory of Social Engineering
11. Discuss the legal status of Legal Person, Unborn Person, Dead Person and Animals.
12. What do you mean by ownership and state the kinds of ownership? Discuss the difference
between ownership and possession.

Write short notes - 5 marks each

1. Legal Realism
2. Kind of Possession
3. Nature and Scope of Jurisprudence
4. Administration of Justice
5. Legal Realism
6. Kinds of possession
7. Grundnorm
8. Public Interest Litigation
9. Legal Status of Dead Person
10. Administration of Justice
11. Dharma
12. Schools of Jurisprudence
 0114 I.P. Law

Answer the following in short 2 marks each.

1. State the Intellectual Property Rights which require mandatory statutory protection
2. State the full form of WIPO, WTO and TRIPS.
3. What is the main function of Copyright Socie ties?
4. What is Adaptation?
5. Define Copyright
6. What is the doctrine of Deceptive Similarity?
7. State any one advantage of Intellectual Property.
8. Define Trademark
9. Explain 'Intellectual property is not absolute'.
10. What is an Appellate Board?
11. What is the main objective of the TRIPS Agreement?
12. Name the three basic principles of the Berne Convention.
13. What t is the term of Patent in the Indian system?
14. What -a re the e-conomic and moral rights of the authors?
-
15. Can a patent be renewed?
16. Define Design
17. Define Patent.
18. What arc neighboring rights under the Copyright Act?
19. What is the full form of WIPO?
20. Give two examples of well-known trade mark.
21. What do you mean by complete specification?
22. List two remedies provided against infringement under the Industrial Designs Act.
23. Define Patent.
24. What do you mean by Passing off?
25. What do you understand by Author’s special rights?
26. What do you mean by service mark?
27. When did the Copyright Act come into force?
28. What is the term of trade mark in India?
29. What is honest concurrent use under trademark?
30. State the meaning of Goodwill under trademark.

20 marks each

1. State and dis cuss the works in which copyright may subsist under the Copyright Act,
1957.
What is Infringement of Copyright and state provisions relating to Infringement of
2. copyright under the Copyright Act, 1957?
What is the meaning & definition of Trademark? State the functions and essentials of
3. Trademark.
Explain the procedure for registration of patent under the Patent Act, 1970 .
4.
 What are the requirements for registration of Designs under the Designs Act, 2000?
5.
What is an author of a work? What are his special rights? How are they protected?
6.

Who can be termed Patent Agents? What is the procedure for obtaining a Patent in India'
7.
?
What are the differences between infringement actions with respect to trademarks and
8.
passing off action?

Discuss in detail the various authorities under the Copyright Act.

9.
What is a patent? Can a patent be granted for every invention? Discuss.
10.
Explain the following
11.
a. Novelty and Originality in designs
b. Paris Convention
Discuss the infringement of trade marks. What are the remedies available against the
12.
infringement of trademarks?

Write Short Notes 5 Marks each:

1. Transmission and Relinquishment of Copyright

2. Protection on of Well Known Marks

3. Intellectual Property and economic development

4. Paris Convention

5. Provisional & Complete Specification under the Patents Act, 1 970

6. Berne convention

7. Nature of Intellectual Property

8. Industrial Design

Solve the follow in g: 5 marks each

a) ' Mr. K' a film maker is using a fiction book for making a screen play of his next movie. The movie
releases with the same screen play but the author of the fiction book is now here acknowledged
for his work.

i) Is ' Mr. K' violating any right of the author?

ii) What are the remedies provided against any kind of infringement under the said Act?

b) ·Mr. Q' is and ' Mr. P' both have filed for a Patent of a similar kind. Both have tiled their provisional
specifications on the same date but ' Mr. P' files his complete specification a month before 'Mr. Q'.

i) Who would ID get the grant of Patent in the above case?

ii) List any three grounds of opposition.

c) There are two beauty products in the market with a similar sounding name and both are
famous amongst the customers. But the only difference between the two is that one is two-
decadeold product but not registered and the other is the recent one and yet not registered.

i) So under the above mentioned circumstances what is the protection granted to both?

ii) State the relevant law and provisions safeguarding the registered marks.