Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

NTK/KW/15 –7256

Sixth Semester LL.B. Three Years Course


(Credit Based System) Examination
Course Code – 6.1
INTERPRETATION OF STATUTE
Time : Three Hours ] [ Max. Marks : 80

N. B. : (1) Section A consist of 10 marks. Section B


consists of 30 marks and Section C consists
of 40 marks. Attempt all sections.
(2) The number of questions to be answered and
marks for each question for Section A and
B is as indicated in each section.
(3) Answer any Five questions from Section ‘C’.
Each question carries eight marks.

SECTION A

(Multiple Choice Questions)


1. Choose the appropriate alternative for the following
statements (Any Ten) :—
(i) Fundamentally interpretation is of -
(a) One kind i.e. literal.
(b) Two kinds i.e. literal or grammatical and
logical
(c) Both (a) & (b)
(d) None of the above

NTK/KW/15 – 7256 Contd.


(ii) Who said, “A Judge must not alter the material
of which the Act is woven but he can and
should iron out the creases.’
(a) Lord Denning.
(b) Lord Marshal.
(c) Salmond.
(d) Austin .
(iii) Literal construction when should not be adopted-
(a) When the language of the statute can bear
and promoter a larger national purpose must
be preferred.
(b) When the language of statute is not clear
(c) Non of the above
(d) Both (a) & (b)
(iv) Internal aids are :-
(a) Preamble.
(b) Schemes.
(c) Enacting part of the statute.
(d) All of the above.
(v) Enabling provision.
(a) Can be mandatory
(b) Can be directory
(c) Can be partly mandatory and partly directory
(d) None of the above

NTK/KW/15 – 7256 2 Contd.


(vi) What does the ‘golden rule’ of statutory
interpretation state?
(a) Words should be given their plain meaning
(b) Acts should be interpreted in such a way
that manifest absurdity or injustice is avoided.
(c) Treat others in the same way that you
would like to be treated
(d) None of the above
(vii) The oxford English dictionary is an example of
aid to statutory interpretation.
(a) Intrinsic.
(b) Extrinsic.
(c) Essential.
(d) Mandatory.
(viii) The phrase, ‘Reddendo Singular Singulis’ means.
(a) Giving each to each.
(b) Giving decision.
(c) Misrepresentation.
(d) None of the above
(ix) Rule of Ejusdem Generis also known as -
(a) Lord Tenderen’s rule.
(b) Maxwell rule.
(c) Associated rule.
(d) None of the above.

NTK/KW/15 – 7256 3 Contd.


(x) A verbis legis Non Est Recedendum means
(a) You must vary the words of a statute.
(b) You must not vary the words of a statute.
(c) Both (a) & (b).
(d) None of the above.
(xi) In which case the mischief rule was lucidly
explained,
(a) Hiram’s case.
(b) Becks case.
(c) Howard’s case.
(d) Heyden’s case.
(xii) Noscitur A Socis means -
(a) Word is known by its companions.
(b) Word is known by its meaning
(c) Word is social
(d) All of the above
(xiii) A proviso to a section in a statute is -
(a) an independent section.
(b) not an independent section.
(c) Can’t say.
(d) None of the above.
(xiv) ‘Ex Visceribus Actus’ that is -
(a) Within the four corners of the Act
(b) Within the provision

NTK/KW/15 – 7256 4 Contd.


(c) Out of the legal provision
(d) All of the above
(xv) The power of a court to hear a particular matter
is referred as -
(a) Jurisdiction
(b) Consideration
(c) Authorization
(d) Insubordination 1x10=10

SECTION B

(Short Answer Questions)


2. Answer any Three questions. Each question carries 5
marks.
(a) Rule of construction under the General Clauses
Act, 1897.
(b) Sententia Legis
(c) Ejusdem Generis
(d) Marginal notes. 3x5=15

3. Answer any Three questions. Each question carries 5


marks.
(a) Dortrine of Harmonious construction.
(b) Conjunctive and Disjunctive words.
(c) Rule of last antecedent
(d) Judicial Review and encroachment of Legislative
power. 3x5=15

NTK/KW/15 – 7256 5 Contd.


SECTION C

(Long Answer Questions)


Answer any Five questions from the following. Each
question carries 8 marks.

4. Discuss the rule of literal construction with the help of


case laws.

5. Distinguish between express and implied repeal. What


are the effects and consequences of repeal?

6. Elaborate the need and purpose of interpretation.

7. Write a note on :-
(a) Reddendo Singular Singulis.
(b) Non-obstante clause.
8. Discuss the methods of interpretating substantive and
procedural laws.

9. What are the contemporary issues of interpretation in


the era of globalization and unification of law?

10. Discuss the ratio laid down in Haydon’s Case and


explain how the Indian Judiciary have applied this
rule?

11. Explain in detail the principle of construction of penal


statutes. 5x8=40

NTK/KW/15 – 7256 6 330

You might also like