3 LLBAVQVS)/11.22.584 Reg, No. IEE B THREE YEAR LL.B DEGREE IV SEMESTER EXAMINATION NOVEMBER 2022 20-271-0405 INTERPRETATION OF STATUTES (Regular and Supplementary - 2019 Admissions) Time: 3 Hours Maximum Marks: 50 0. IV. Vi val. (@) (b) © @ ©) o (2) (h) PART A (Answer ANY FIVE questions) (5 *4=20) Write notes on the following: Discuss on the significance of interpretation Importance of Constituent assembly debates in Constitutional interpretation. Doctrine of severability. Write notes on Reddendo singula singulis. Non obstante clause and its significance. Write notes on Repeal of Statutes and its effect. Law Commission Reports Differentiate between Ordinance and Statutes. PARTB (Answer ANY TWO questions) (2*6= 12) Section 11 of the Opium Act 1878 which deals with confiscation of opium provides that all the vehicles which transport the contraband articles shall be impounded and articles shall be confiscated. The petitioner transporting company was carrying a parce! of apples and opium was loaded along with the apples without the knowledge of the transporting company and the invoice shown consisted of apples only. The truck of the transporting company was impounded and articles were confiscated. Decide the case by applying appropriate rule of interpretation Bengal Money Laundering Act passed by the Bengal State legislature which deals with money lending and money lenders was challenged on the ground that it contains provision which limited the rate of interest and the amount recoverable by a money lender on any loan based on Promissory note and Promissory note is ‘central matter and not state matter. Discuss the validity of the statute. Mr. Santhosh had committed an offence and was undergoing trial for which the ‘maximum punishment was three years. During the pendency of trial, the Criminal law was amended and maximum punishment was enhanced to seven years. Prosecution wanted to award the enhanced punishment to Mr. Santhosh. Advice. PARTC (Answer ANY TIVO questions) (2«9=18) Differentiate rule of ejusdem generis and noscitur a sociis with the help of case laws. Parts of a statute is the first tool to guide judges in interpretation. Examine the significance of parts of statute as an internal aid of interpretation. Examine the principles to be followed in interpreting mandatory and directory provisions in a statute with the help of case laws.3 LLB.VI/07.22.287 Reg.No. [_ | I | I ] B THREE YEAR LL.B DEGREE VI SEMESTER EXAMINATION JULY 2022 Time: 3 Hours 0 u. Vv. @ (b) © @ © oO @ E.12 INTERPRETATION OF STATUTES (Supplementary) (2018 Admission onwards) PART A (Answer ANY FIVE questions) 6 Write notes on the following. Circumstances necessitating Interpretation Statutory Instruments Preamble Saving Clause Law Commission Reports Generalia Specialibus non derogant Mischief Rule PART B (Answer ANY TIVO questions) Q Government of Kerala notified a List consisting of certain Forward castes as Economically Weaker Section (EWS) under Article 16(6). An Organisation for the upliftment of SC, ST and OBC communities challenges the Notification claiming that EWS includes SC, ST and OBCs. Decide the case by giving a Constitutionally sound interpretation to the Section 62 of the People Representation Act, 1951 deals with “right to vote”. Clause 5 states that “No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in lawful custody of the police..”. A person who is under judicial custody claims he has the right to vote under 8.62 as he is not barred by clause 5. Decide based on principles of interpretation. Section 15(2) of Income Tax Act reads: (so much of the income of wife or minor child of such individual as arises directly or indirectly. (ii) from the admission of the in a firm of which such indi nor to the benefits of the partnership idual is a partner. (Purpose of the legislation is to curb the practice of Husbands entering into nominal partnership with wives and fathers admitting their minor children to the benefits of the partnership of which they are members.) Decide whether the term ‘individual’ meant only a male or also includes female by applying appropriate Rule of Interpretation. ‘Maximum Marks: 50 x4=20) x 6=12) (@T.0.)3 LLB.VU/07.22.287 PART C (Answer ANY TIO questions) (2*9=18) v, “Rules of Interpretation are not rigid standards, they are mere guides”. Comment. VL Distinguish between Internal Aids and Extemal Aids to Interpretation. Discuss instances where Extemal aids are used to interpret ambiguous or vague legal provisions. VIL How does leaming Interpretation of Statutes help Judges and Lawyers? Explain with suitable examples.3 LLB.VI/04.21.233 Reg. No. ze ] A : THREE YEAR LL.B DEGREE VI SEMESTER EXAMINATION APRIL 2021 E.6 INTERPRETATION OF STATUTES (Regular only - 2018 Admission) Time: 3 Hours Maximum Marks: 50 m. IV. @ () © @ © o 3) (hy PART A (Answer ANY FIVE questions) (5x 4=20) Write notes on the following. Marginal Notes. Statutes and different types of statutes. Retrospective Operation of statutes. Scope of Long Title. Golden Rule of interpretation. Differentiate Consolidation and Codification of statutes. Generalia Specialibus Nop Derogant. Important Presumptions iri Interpretation of Statutes. PART B (Answer ANY THO questions) (2*6=12) As per Section 1(1) of the Street Offences Act “it shall be an offence to loiter or solicit in a street or public place for the purpose of prostitution”. The defendant who was a prostitute solicited men passing in the street from the balcony of her private premise. Her contention was that the balcony was not ‘a street or public place’ within the meaning of section 1(1) of the Street Offences Act and that accordingly no offence had been committed. Decide. Rule 7(3) of the Prevention of Food Adulteration Rules stipulates as follows: "The Public Analyst shall, within a period of forty-five days from the date of receipt of any sample for analysis, deliver to the Local (Health) Authority a report of the result of such analysis in Form III”. ‘The Food Inspector had taken sample from the shop of Mr. Rakesh who was the manufacturer of milk products on 24.06.1983 and the same was received by the public analyst on 26.06.1983. The report of analysis dated 29.07.1983 was received by the Local Health Authority on 12.08.1983. The contention of Mr. Rakesh before the Court was that even if it be a delay of two days it was fundamentally fatal. Decide. The list of items upon which tax is leviable under Schedule ‘A’ Entry 16 of Punjab Sales Tax Act can be read as “cosmetics, perfumery and toilet goods excluding toothpaste, tooth powder kumkum and soap.” Mr. Santhosh is a registered dealer in 'dhoop' and ‘aggarbati” and was made fiable to pay tax under Schedule A Entry 16. The same was challenged. Decide 1.0)3 LLB.VU/04.21.233 PARTC (Answer ANY THO questions) (2*9=18) v. “Interpretation is the process by which the courts seck to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed”. Explain the statement and clucidate the need for interpretation? Explain Aids to Interpretation of Statutes and what are the External Aids to Interpretation, Vi. Explain the important rules of interpretation applied by Judiciary for determining the Constitutional validity of statutes. oe7 ULB.II12.19.0545 Reg. No, A THREE YEAR LL.B DEGREE III SEMESTER EXAMINATION DECEMBER 2019 I, Mm, VL. VIL £3 INTERPRETATION OF STATUTES. (Supplementary) : 3 Hours ‘Maximum Marks: 50 PARTA (Answer ANY FIVE questions) (5x 4=20) ‘Write notes on the following. (@) Role of Preamble in Constitutional interpretation. (b) Technical interpretation. (©) _ Retrospective operations of statutes. (@__ Construction of penal laws (©) Reddendo Singula Singulis. (© Presumption as to jurisdiction. (g) Golden rule of interpretation. (h) Director provisions. PART B (Answer ANY TIVO questions) (@*6=12) ‘A’, a boy of 18 years, was convicted for committing an offence of house trespass and outraging the modesty of a girl aged 6 years. The magistrate sentenced him for eight months rigorous imprisonment. After the judgement of magistrate, the Probation of Offenders Act came into force. This Act provided that @ person below 21 years of age should not be sentenced to imprisonment. Examine the applicability of the Act in the case of ‘A’ *X°, the petitioner, was facing detention under a temporary statue relating to preventive detention. The statute got expired but some of its provisions were re- enacted. Examine whether detention of *X’ would automatically come to an end ‘on the expiry of the statute. What is the legal effect of repeal and re-enactment of a statute? A statute providing for maternity benefits to women employees grants 12 weeks" maternity leave with wages to a woman employee. A woman worker was paid ‘wages for 72 working days excluding 12 Sundays in the 12 weeks. She claims wages for 84 days including Sundays. Decide by applying appropriate principle of interpretation. PARTC (Answer ANY TWO questions) Q2x9=18) Explain the intrinsic aids useful to interpretation of statutes. “In the interpretation of constitution, the judicial approach should be dynamic than static, pragmatic than pedantic and elastic than rigid”. Comment on the statement explaining the special principles of constitutional interpretation. Why is it said the penal laws should be interpreted strictly?SeAVUO7I90271 Rep No. | lee A THREE YEAR LL.B DEGREE VI SEMESTER EXAMINATION JULY 2019 ‘£6 INTERPRETATION OF STATUTES (Regular and Supplementary) Time: 3 Hours ‘Maximum Marks: 50 PART A (Answer ANY FIVE questions) (x 4=20) L Write Short notes on: (@ _Presumptions (6) Marginal notes (© Maxims (@)_ejusdem generis (©) Principle of Noscitur-a-sociis (© Reddendo Singulo Singulis (®) Repeal (h) Internal aids PARTB (Answer ANY TWO questions) (26-12) i. Vi. Vil. Prevention of Food Adulteration Act made ‘Selling of adulterated butter’, an offence and the term butter is defined as “butter prepared exclusively from milk or cream of cow or buffalo or of both”. Ravi is charged with selling adulterated butter. He argues that the butter he is selling is made from the curd and he is not covered under the Act. Decide. Section 25 of the Kairali Campanics Act, 2018 defined the term ‘transfer’ to include all Properties, rights, liabilities and duties of the transferor company while transferring a ‘company to a new company. Mohan was employed in AB Co. under a contract of service. AB Co. was transferred to CD co. Mohan was not having any knowledge of such transfer and neither companies informed him. Mohan made a willful absention from work for 5 days and CD Co. brought an action against him, Mohan contended that he is not an employee of CD Co. and action could not be taken against him. Construct arguments for both sides and decide by applying relevant rules of interpretation. State X passed a law under Article 25(2)(b) of the Constitution of India that allowed entry fo any Hindu public temple to all sections of Hindus that was customarily restricted to certain classes of Hindus. The trustees of a Hindu temple challenged the application the law arguing that right to manage the affairs in the matter of religion under Article 26(b) of the Constitution includes right to determine entry also. Resolve the dispute by applying rules of interpretation, PARTC (Answer AIVY THO questions) (2*9=18) “The function of the court is to interpret the law and not to legislate.” Critically examine the statement with suitable example. “Penal legislations are to be construed strictly”. What do you think is the reason? Examine with the aid of case laws cases of interpretation of penal legislations. “Legislative Intent’ is a creative device in Law that could be used and abused. Examine the statement with suitable case laws,3 LLB.UW/12.18.0737 Reg. No. I A THREE YEAR LL.B DEGREE II SEMESTER EXAMINATION DECEMBER 2018 E3 INTERPRETATION OF STATUTES (Regular and Supplementary) ‘Time: 3 Hours Maximum Marks: 50 PART A (Answer ANY FIVE questions) (5 x4=20) 1. Write short notes on: (a) Long Title (b) Preamble. (©) Schedule. (@)_Contemporanea Expositio. (©) Inbonam partem. (f) Interpretation. (@) Waiver. (h) In Pari materia. PARTB (Answer ANY TWO questions) @*6=12) 0. ‘The Purchase Tax Law provided that ‘manufactured beverages including {fruit juices and bottled waters and syrups etc’ are taxable. Examine employing the principles of Interpretation, whether freshly made orange juice was within the scope of the Purchase tax law. mM. Licensed driver employed by the owner left the vehicle unattended contrary to the express and implied orders of the owner. An accident was caused by an unlicensed person driving the vehicle causing injury to Mr. P who was using road. Mr. P initiated proceeding for compensation. The insurer claimed exemption under exclusion clause (ie driving by unlicensed person). Decide whether the insurance company is liable. Vv. A criminal proceeding was initiated on 1* January 2018 against Mr. X for non-payment of Local Body Tax, for which the punishment prescribed was three months imprisonment. During the pendency of the proceeding, the relevant law was amended to reduce the punishment from three months to one ‘month. Mr. X claims the benefit of the amendment. Decide. PARTC (Answer ANY TWO questions) (2«9=18) Vv, Examine briefly the Aids to Interpretation with examples. VL Discuss the {| Rule of Interpretation. What is the scope of literal interpretation? vu. What is the utility of preamble and Directive Principles of State Policy in the interpretation of Constitution?31LB1V/06.18.0373 Reg.No. [ | | [alae A THREE YEAR LL.B DEGREE IV SEMESTER EXAMINATION JUNE 2018 E.4 INTERPRETATION OF STATUTES (Supplementary) Time: 3 Hours Maximum Marks: 50 PARTA (Answer ANY FIVE questions) (5 *4=20) 1. Write notes on: (@) ‘Title’ as part of a statute, (6) Repeal. (© Proviso. (@) Dictionaries and textbooks in interpretation of a statute. (©) _ Interpretation. (© Mischief rule (g) Mens Rea in statutory offences, PARTB (Answer ANY TWO questions) (2 6=12) M1 Vi vil. Article 12 of the Constitution of India provides that “in this Part (Part IIT Fundamental Rights), unless the context otherwise requires, ‘the State’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or ‘other authorities” within the territory of India or under the control of the Government of India”. A private factory engaged in leather manufacturing caused environment pollution. A PIL was filed against this factory for compensation for violation of fundamental right to life. Decide whether this factors will come under Article 12. ‘The weights and measures Act provides that an inspector may take in respect of the verification and stamping of weights, measures and weighing, instruments the fee specified. Decide whether the provision is merely permissive or obligatory, relying on the applicable principles of interpretation. In a provision relating to unnatural sexual offences in a penal statute uses the term ‘she’ to refer the victim, Whether it includes only persons of female gender? Discuss and decide. PARTC (Answer ANY TWO questions) Discuss the Golden rule of interpretation with examples. Discuss the Mischief rule of interpretation with examples, Examine the issues and possibilities of retrospective application of statues. wes