LL.B. (Semester III) (CBCS) Examination Nov/Dec-2018
INTERPRETATION OF STATUTES AND PRINCIPLES OF LEGISLATION
Time: 2½ Hours
Max. Marks: 70
Instructions: All questions are compulsory. Figures to the right indicate full marks.
Q.1
Multiple choice questions:
14
Find out the Maxim which means words in the statute to be taken in rightful and lawful means.
In Bonam Partem
Delegates non potest delegare
Prima Facie
None of the above
The mischief rule of Interpretation of Statutes was originated in one of the following Case.
Heydons Case
Keshavanand Bharati case
I. C. Golaknath case
None of the above
Punctuation Mark was one of the following aids to interpretation of statutes.
External aids
Internal aids
Both external and internal aids
None of the above
Identify the meaning of the rule Reddendo Singula Singulis.
Giving each to each
Of the same kind
To know from the association
None of the above
Identify the meaning of the rule Noscitur a sociis
To know from the association
Of the same kind
Giving each to each
None of the
Identify the meaning of the rule Ejusdem generis.
Z
Of the same kind
of different kind
Giving each to each
None of the above
The maxim Expressio Unius Est Exclusio Alteriusmeans:
Mention of one thing implies exclusion of another
Mention of one thing implies not exclusion of another
Both a and b
None of the above
The maxim In pari delicto potiorest condition posidentis means
Where both parties are equally at fault the condition of possessor is preferable
Where both parties are equally at fault the condition of possessor is not preferable
While interpreting statute the another statute can be used to interpret provision
None of the above
The maxim Generalia specialibus non derogant means:
General things do not derogate from special things
General things derogate from special things
General things and special things are equal
None of the above
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SLR-HJ-42
10) The maxim Utres valet potior quam pareat means:
Interpretation may rather become operative than null
Interpretation must be null and void
Interpretation always in favour of unconstitutionality
None of the above
11) Find out the maxim which means where there is express mention of certain things then anything not mentioned is excluded:
Expressum facit cessare tacitum
Expressio Unius Est Exclusio Alterius
Generalia specialibus non derogant
None of the above
12) The maxim Delegatus non potest delegare means:
A delegate cannot further delegate
A delegate always can delegate
A delegate cannot be protected
None of the above
13) Non-Obstante clause was one of the following aids to interpretation of statutes.
Internal aids
External aids
Both external and internal aids
None of the above
14) Find out which considered as external aids to Interpretation of Statutes.
Debates
Inquiry commissions reports
Law commission reports
None of the above
Q.2
Answer any four of following questions.
16
Explain doctrine of colourable legislation and residuary powers with relevant case laws.
Explain briefly interpretation of codifying and consolidating statutes.
Elucidate the meaning and statutory interpretation of Utresvalet potior quam pareat and Generaliaspecialibus non derogant.
Elucidate the meaning and statutory interpretation of Delegatus non potest delegare and In pari delicto potiorest condition posidentis.
Explain distinction between the morals and legislation.
Explain briefly interpretation of directory and mandatory provisions.
Q.3
Answer any two of the following questions.
12
Discuss briefly the meaning and statutory interpretation of Noscitur a sociis, Ejusdem generis and Reddendo Singula Singulis with the help of decided cases.
Explain the restrictive and beneficial construction of taxing and penal statutes with relevant case laws.
Explain the constitutional interpretation of principle of occupied field and doctrine of repugnancy with relevant case laws.
Explain constitutional interpretation of the doctrine of pith and substance and ancillary powers with relevant case laws.
Q.4
Answer any one of the following questions.
14
Discuss briefly the literal rule, Golden rule, Mischief rule and Harmonious rule of interpretation of statutes with the help of decided cases.
Explain the principle of utility and relevance of John Rawls and Robert Nozick with reference to individual interest to community interest in law making.
Q.5
Answer the following question.
14
Discuss in brief the internal and external aids to interpretation of statutes with the help of decided case laws.