Sei sulla pagina 1di 11

Interpretation of Statutes

Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***

Q4 - Write any 4 out of 6 (48 Marks) 6 6 6 6 6 6 6 6 6 6 6 6 6


What is the effect of repeal?
- OR -
Explain in full the meanings and provision of Repeal of statute.
What are the effects of such a repeal?
- OR -
Analyze the effects and consequences of a Repeal.
- OR -
1 Mention different types of Repeal of Statutes and explain the 8 1 1 1 1 1 1 1 1
consequences of repeal of Statutes.
- OR -
Explain in full what you mean by ‘Repeal of statute’. Write the
various principles of interpretation and construction relating to
‘repeal’ of a statutes.
- OR -
Analyze in full the tests of implied repeal of a statute.

Explain different internal aid in interpretation of statutes.


- OR -
What are the internal aids to interpretation of statutes?
- OR -
2 5 1 1 1 1 1
What do you understand by 'internal aids' to construction? Explain
any 3 of them in detail.
- OR -
Critically analyse the internal aids to construction.

1 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***

Explain external aid to interpretation.


- OR -
What are the external aids to the interpretation of statutes?
- OR -
3 Name and explain external aids to statutory interpretation. 5 1 1 1 1 1
- OR -
Explain ‘External Aids’ to statutory interpretation. Mention the
various external aids and explain in detail the Role of Dictionaries
and Text Books and Parliamentary Debates as external aids.

Explain the principle in interpretation of Constitution.


- OR -
4 Explain the rule of Constitutional interpretation. 4 1 1 1 1
- OR -
Analyze the presumption of constitutionality of Statutes.
Analyse interpretation of penal statutes.
- OR -
5 Discuss the strict construction of penal statutes. 4 1 1 1 1
- OR -
Explain the main rules of construction of penal statutes.
Explain the role of legislative intention in interpretation of statutes.
- OR -
Critically examine the ‘legislative intention’.
6 - OR - 4 1 1 1 1
“’Legislative’ intention is the guiding light in interpretation of
statutes” – Explain fully how such legislative intention is to be
gathered?
7 Fully discuss the provisions of Sec 6 of the General Clauses Act. 4 1 1 1 1

2 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
Enumerate various internal and external aids to construction of
statutes. Explain how they are significant for interpretation of
statutes.
8 4 1 1 1 1
- OR -
Fully explain the role of internal and external aids of interpretation
of statutes.

Explain the basic rules of interpretation.


- OR -
Explain the basic rule of interpretation with case laws.
9 3 1 1 1
- OR -
What are the basic principles of interpretation of Statues? Fully
explain any two of them.
Explain what is 'Remedial' and 'Penal' statutes? Give various
principles of such interpretation which are attracted to them.
- OR -
Discuss the principles of interpretation of a Remedial Statute.
10 3 1 1 1
- OR -
Explain what you understand by Remedial and Penal statutes.
Discuss various principles of interpretation which are connected to
them.
Explain the golden rule of construction with relevant cases.
11 - OR - 3 1 1 1
Fully explain the Golden Rule of construction.

12 Explain mandatory and directory rules of interpretation. 2 1 1


Explain in full along with the principle involved in the maxim
13 2 1 1
'Delegatus non potest delegare'.
What is the meaning of interpretation of statutes? Briefly explain
14 2 1 1
important principles of such interpretation.
Explain/Examine the presumption against extra territorial operation
15 2 1 1
of a statute.

3 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
What do you understand by subsidiary rules of interpretation?
Enlist some of them and explain in full any 3 of such subsidiary
rules of interpretation.
- OR -
16 2 1 1
“’Subsidiary rules of interpretation’ can never be ignored while
constructing and interpreting any statute of document.” Critically
comment on this statement and explain in detail any three of such
subsidiary rules of interpretation.
17 Discuss the mischief rule with relavent cases. 2 1 1
18 Doctrine of severability with relevant cases. 2 1 1
Discuss the presumption as to jurisdiction of a statute. Can the
19 jurisdiction of the Supreme Court of India or High Court be 2 1 1
affected be affected by a statute?

20 What is ejusdem generis and noscitur a soccis? 1 1


Explain fully the concept of 'Presumption of Constitionality of a
21 1 1
Statute'.
What is the meaning of delegated legislation? What is its necessity?
22 1 1
Can there be sub-delegation?
Explain in full the rules about operation of statutes. When can an
23 1 1
Act be allowed to be retrospective in operation?
Explain in full the use of "General Clasuses Act" in the
24 1 1
interpretation of statutes. Are there any limitations in its use?
25 Briefly analyse the grammatical rules of Construction. 1 1
Analyze the presumption against the retrospective operation of
26 1 1
statutes.
27 Set out the principles of interpretation of Taxation Statutes. 1 1

28 Set out the highlights of the doctrine of Harmonious Construction. 1 1

29 "Statute must be read as a whole." Discuss. 1 1


Briefly explain the objective and scheme of "The General Clauses
30 Act". When can provisions of the said Act be used while 1 1
interpreting any Indian Statute?

4 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
Critically comment on the maxim 'Generalis Specialibus non-
31 1 1
derogant'.
Discuss the rules of statutory interpretation with the help of
32 1 1
decided cases. Explain 'Literal Rule' and 'Mischief Rule'.
Explain the statement 'Beneficial Construction' is a tendency rather
33 1 1
than a rule.
34 Critically analyze the parts of a statute. 1 1
35

Q2 - Short Notes Attempt and 4 out of 6 (20 Marks) 6 6 6 6 6 6 6 6 6 6 6 6 6


1 Doctrine of Repugnancy. 4 1 1 1 1

Ejusdem Generis
2 - OR - 3 1 1 1
The Rule of 'Ejusdem Generis'.
3 Proviso (its purpose and importance) 3 1 1 1
4 Dictionaries as external aid to construction of statutes. 3 1 1 1
5 Coming in to operation of enactment. 3 1 1 1

6 Service by post. 2 1 1
7 Doctrine of prospective overruling. 2 1 1
8 Conssequences/Effect of repeal of a Statutes. 2 1 1
Interpretation of taxing statute.
9 - OR - 2 1 1
Strict Construction of Taxing Statutes.
10 Restrictive and Extensive. 2 1 1
11 Commencement and termination of time. 2 1 1
12 Mimansa rule of interpretation. 2 1 1
13 Purposive Construction. 2 1 1
Kinds of Definitions
14 - OR - 2 1 1
Definitions

5 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
15 Headings 2 1 1
16 Directory and Mandatory Provisions 2 1 1
Nature of construction of Penal Statutes.
17 - OR - 2 1 1
Prospective operation of Penal Statutes.
18 Statute must be read as a whole. 2 1 1
19 Ambiguous Definitions. 2 1 1
20 Legal Fictions 2 1 1

21 Doctrine of eclipse. 1 1
22 Delegated legislation. 1 1
23 Presumption in interpretation. 1 1
24 General and special statutes. 1 1
25 Repeal of statutes. 1 1
26 Grammatical rule of interpretation. 1 1
27 Mischief rule. 1 1
28 Harmonius construction. 1 1
29 Rule of punctuation marks for interpreting statutes. 1 1
30 Non obstante clause. 1 1
31 Perpetual and temporary statutes. 1 1
32 Text Books as external aid to construction of statutes. 1 1
33 Nature of construction of beneficial legislation. 1 1
Role of international Agreements and Convetions in construction
34 1 1
of domestic Acts
35 Doctine of Pith and Substance 1 1
36 Residuary Power 1 1
37 Foreign Judgements 1 1
38 Golden Rule 1 1
39 Preamble 1 1
40 Doctrine of Severability 1 1
41 Role of Long Title and Preamble as Internal Aid 1 1
42 Quasi Repeal by Desuetude. 1 1
43 'Explanations' as aid to construction. 1 1

6 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
44 Presumption as to jurisdiction of courts. 1 1
45 Grammatical and Logical interpretation of statutes. 1 1
46 Role of Short Title and Long Title of statute. 1 1
47 Role of punctuation mark in the interpretation of statutes. 1 1
48 Doctrine of colourable legislation. 1 1
49 Casus Omisus. 1 1
50 Doctrine of Liberal Construction. 1 1
51 Delegatus non-potest Delegare. 1 1
52 Doctrine of occupied field. 1 1

Q3 - Solve any 2 out of 3 (12 Marks)


1
31

Q1 - Answer the following (not more than two sentences) (20 10 10 10 10 10 10 10 10 10 9 10 10 10


1 Explain sententia legis. 5 1 1 1 1 1
What is the meaning of 'internal aids' to the construction of
statutes? Name any 3 such internal aids.
- OR -
2 5 1 1 1 1 1
Name any three Internal Aids to Statutory Interpretation.
- OR -
Name any two internal aids to interpretation.

What is affidavit according to General Clauses Act?


- OR -
3 What is meaning of "Affidavit"? 4 1 1 1 1
- OR -
Define an Affidavit as per General Clauses Act.
Explain/Define the term movable property according to the General
4 4 1 1 1 1
Clauses Act.

7 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
State and explain strict rule of construction.
5 - OR – 4 1 1 1 1
What do you mean by ‘strict construction’?
Explain how 'Legislative Debates' are important in interpretation of
6 4 1 1 1 1
statutes.
7 What is an 'enabling statute'? 4 1 1 1 1

8 What is the doctrine of Pith and Substance? 3 1 1 1


What is interpretation of statutes?
9 - OR - 3 1 1 1
Define interpretation of statutes.
10 Explain the term person according to the General Clauses Act. 3 1 1 1
Explain in brief the maxim 'Casus Omissus'.
11 - OR - 3 1 1 1
What is the meaning of the maxim 'Casus Omissus'?
Define 'Immovable property' as defined under the General Clauses
12 3 1 1 1
Act, 1897.
Explain the concept 'Ejusdem Generis'.
13 - OR - 3 1 1 1
What is the meaning of the rule of 'Ejusdem Generis'?
What do you understand by "Mischief Rule'?
- OR -
14 3 1 1 1
What is the main crux of the principle of “Mischief Rule” of
interpretation of statutes?
15 What is understood by the term 'absurdity'? 3 1 1 1
What is the meaning of 'rule of literal construction'?
16 - OR - 3 1 1 1
State and explain the rule of literal construction.
17 What is 'Vessel' as defined in the General Clauses Act, 1897? 3 1 1 1
Explain the Role of the Short Title as Internal Aid of Statutory
18 3 1 1 1
Interpretation.

8 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
What is Heydon's rule?
19 - OR - 2 1 1
What is Heydon’s rule of construction?
What is remedial statute? Give one example.
- OR -
20 What is the meaning of 'Remedial' or 'Welfare' statutes? 3 1 1 1
- OR -
What is the meaning of ‘Remedial Statutes’?
21 What is the meaning of 'Express Repeal'? 2 1 1
22 Explain the rule about 'Anomaly'. 2 1 1
23 What is the meaning of 'Proviso'? 2 1 1
What is the meaning of 'headings' in a statute? What is its
importance in interpreting a statute?
24 - OR - 2 1 1
What do you mean by ‘Headings’ in a statute? What is its
significance in statutory interpretation?
25 What is the purpose of Interpretation of Statutes? 2 1 1
26 Explain the Rule of Noscitur a Sociis. 2 1 1
Define "Operation into operation of an Act" as defined in the
General Clauses Act, 1897.
27 2 1 1
- OR -
What is the meaning of ‘Operation of statute’?
28 Explain the term 'Pari Materia'. 2 1 1
29 Explain the doctrine of prospective over-ruling. 2 1 1
30 Role of 'Preamble' in interpretation of Constitution of India. 2 1 1

31 What is the golden rule of interpretation? 1 1


32 What is the grammatical rule of interpretation? 1 1
33 Explain expressio unis est exclusio alterius. 1 1
Explain the term 'Father" and the term 'Year" according to the
34 1 1
General Clauses Act.
35 What is the financial year according to the General Clauses Act? 1 1

9 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
Explain the importance of headings and marginal notes in
36 1 1
interpreting a statute.
37 What is doctrine of occupied field? 1 1
What is the importance of marginal notes and punctuation in
38 1 1
interpretation?
39 What is penal statute? How is it interpreted? 1 1
40 What is disabling statute? 1 1
41 Explain the term year and vessel under the General Clauses Act. 1 1
42 Explain 'Ouster or exclusion of jusrisdiction'. 1 1
43 What do you mean by 'intention of the legislature'? 1 1
44 What do you understand by 'delegated legislation'? 1 1
45 What is the meaning of 'Restrospective operation' of a statute? 1 1
46 Explain the term "Swear" according to the General Clauses Act. 1 1
47 Explain the term "Registered" as per General Clauses Act. 1 1
48 State importance of Explanations in a statute. 1 1
49 What is mandatory statute? 1 1
50 Explain the doctrine of severability. 1 1

51 State and explain the principle applied in constructing a penal Act. 1 1

52 Define 'Good Faith' as defined in the General Clauses Act, 1897. 1 1


53 Define 'Father' as defined in the General Clauses Act, 1897. 1 1
54 Explain 'Delegatus non potest delegare'. 1 1
55 What is codifying statute? 1 1
Explain the importance of Historical Background as an aid to
56 1 1
interpretation.
57 Define "son" as defined in the General Clauses Act, 1897. 1 1
58 Explain the Doctrine of Eclipse. 1 1
59 What do you understand by 'Repeal' of a statute? 1 1
What is the meaning of 'Schedules' in the statutes? What is their
60 1 1
role in the statutory interpretation?
Briefly express what is the meaning of 'internal and external aids'
61 1 1
in construction of statutes.

10 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019


Interpretation of Statutes
Sr. Freque 2019 2018 2018 2017 2017 2016 2016 2015 2015 2014 2014 2013 2013 2012
Particulars
No. ncy MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC MAY DEC
*** *** *** *** *** *** ***
What is the meaning of 'Mens Rea'? Is it applicable to offences
62 1 1
under the Indian Penal Code?
63 What do you mean by sub-delegation? When is it valid? 1 1

64 What is the presumption about the territorial operation of a statute? 1 1

65 What is 'Harmonious Construction'? 1 1


66 What is the doctrine of 'Implied over ruling'? 1 1
67 What is the meaning of 'exclusion or ouster of jurisdiction'? 1 1
68 Explain the term 'abet' as per the General Clauses Act, 1897. 1 1
69 What is meant by 'Beneficial Interpretation'? 1 1
70 Explain the term 'District Judge' under the General Clauses Act. 1 1
71 Explain the primary rule of interpretation. 1 1
72

11 of 11; 30-08-2019; 11:42 Frequently Asked Qs_IOS; IOS_2013-2019

Potrebbero piacerti anche