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Interpretation of Statutes 2023 Question Paper

This document appears to be an examination for a course on Interpretation of Statutes. It contains instructions for students on how to answer the exam questions. The exam is divided into multiple sections (A, B, C, D) testing different concepts related to statutory interpretation. Section A contains 5 multiple choice questions worth 2 marks each. Section B contains 4 short answer questions worth 5 marks each. Section C contains 2 long answer questions worth 10 marks each. Section D contains 2 very long answer questions worth 25 marks each. The questions cover various topics related to interpretation of statutes, such as distinguishing interpretation from construction, parliamentary history, doctrine of pith and substance, relevance of the General Clauses Act, and application of principles like Heydon

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Nisha Bharti
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429 views

Interpretation of Statutes 2023 Question Paper

This document appears to be an examination for a course on Interpretation of Statutes. It contains instructions for students on how to answer the exam questions. The exam is divided into multiple sections (A, B, C, D) testing different concepts related to statutory interpretation. Section A contains 5 multiple choice questions worth 2 marks each. Section B contains 4 short answer questions worth 5 marks each. Section C contains 2 long answer questions worth 10 marks each. Section D contains 2 very long answer questions worth 25 marks each. The questions cover various topics related to interpretation of statutes, such as distinguishing interpretation from construction, parliamentary history, doctrine of pith and substance, relevance of the General Clauses Act, and application of principles like Heydon

Uploaded by

Nisha Bharti
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Name:

Enrolment No:

UPES
End Semester Examination, May 2023
Course: Interpretation of Statutes
Semester: IV
Program: LLB Time : 03 hrs.
Course Code: CLCC2006 Max. Marks: 100

Instructions:
SECTION A
(5Qx2M=10Marks)
S. No. Choose the correct option Marks CO
Q1 Heydon’s case,in 1584,was resolved by the?

a. Supreme Court of India

b. Bombay high court


2 CO1
c. Barons of the Exchequer

d. House of lords

Q2. Identify the correct match regarding operation of statutes:-


a. Substantive Laws – Retrospective operation of statutes
b. Taxing Statutes- Prospective operation of statutes
c. Procedural Laws- Retrospective operation of statutes
d. Statutes of Limitation- Prospective operation of Statutes
2 CO1
a. All are correct,
b. a & d are correct
c. b & c are correct
d. a & c are correct

Q3. Who has the authority to conclude a treaty on the part of States?
1. Treaties are concluded by the competent representatives of States.
Heads of States, heads of governments, ministers of foreign
affairs and heads of diplomatic missions are presumed to have 2 CO1
such authority,
2. Treaties may only negotiated and concluded by the heads of State
and ministers of foreign affairs
3. Treaties are negotiated and signed only by the persons that bear
the necessary 'full powers' and no person is presumed to hold such
authority,
4. Treaties are concluded only by members of the diplomatic
missions of States
Q4. According to the ________ rule of interpretation, meaning of a word
should be known from its Accompany ignore associating words?

a. Mischief rule

b. Golden rule 2 CO1


c. Noscitur a sociis

d. Primary rule

Q5. Interpretation of statute should not be given a meaning which would


make other provisions __________?
A. In-effective
B. Redundant
2 CO1
C. Dormant
D. None of the above

SECTION B
(4Qx5M= 20 Marks)
Q6. Distinguish between interpretation and construction. 5 CO2
Q7. How far the Parliamentary History & contemporary social conditions
5 CO2
influence the interpretation of any given statute?
Q8. Write a short note on Doctrine of Pith & Substance. 5 CO2
Q9. What is the effect of repeal of a repealing statute?
5 CO2

SECTION-C
(2Qx10M=20 Marks)
Q10. Evaluate the relevance of General Clauses Act, 1897 for the purpose of
10 CO3
Interpretation of Statutes?
Q11. “A statute is not passed in vacuum but in framework of circumstances so
as to give a remedy for a known state of affairs. To arrive at its true
meaning one should know the circumstance with reference to which the 10 CO3
words were used and what was the object appearing from those
circumstance which parliament had in view.” Make a critical appraisal of
the above in the light of Heydon’s rule as applied to the interpretation of
statutes.

SECTION-D
(2Qx25M=50 Marks)

Q 12. Article 245 & 246 of Indian Constitution provides –


(1) Subject to the provisions of this Constitution, Parliament may make
laws for the whole or any part of the territory of India, and the Legislature
of a State may make laws for the whole or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the
ground that it would have extra-territorial operation
246. (1) Notwithstanding anything in clauses (2) and (3), Parliament has
exclusive power to make laws with respect to any of the matters
enumerated in List I in the Seventh Schedule (in this Constitution
referred to as the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject to
clause (1), the Legislature of any State 1 *** also, have power to make
laws with respect to any of the matters enumerated in List III in the
Seventh Schedule (in this Constitution referred to as the “Concurrent
List”).
(3) Subject to clauses (1) and (2), the Legislature of any State 1 *** has 25 CO4
exclusive power to make laws for such State or any part thereof with
respect to any of the matters enumerated in List II in the Seventh
Schedule (in this Constitution referred to as the “State List”).
(4) Parliament has power to make laws with respect to any matter for
any part of the territory of India not included 2 [in a State]
notwithstanding that such matter is a matter enumerated in the State List

Legislature of State Madhya Pradesh enacted the MP Hindu Religious


Trusts Act,1950, for the protection and preservation of properties
appertaining to the Hindu religious trusts. The Act applied to all trusts
any part of which is situated in the state of Madhya Pradesh.
Mr. Sudhir created a trust Deed of his properties of several houses and
land situated in Bhopal and Lucknow. The Trust was created in the State
of MP.
Decide as a Judicial Officer on the basis of above facts, can the legislature
of State of MP make a law with respect to such a trust situated in MP and
properties appertaining to such trust which is situated outside State of
Bihar.

Q13. Section 2(d) of the Prize competition Act, 1955 defines “Prize
competition” as meaning – any competition in which prizes are offered
for the solution of any puzzle based upon the building up arrangement,
combination or permutation of the letters, words, or figures.
Rahul Khanna, who challenges the said section; contended that it is also
applied to competition which involved substantial skill, and which are
not in the nature of gambling.
25 CO4
Decide on the basis of the above facts which rule of construction to be
applied to construe the term “Prize Competition”.

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