Interpretation of Statutes · Semester 4

Interpretation of Statutes · May/June 2015 (5-YDC)

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Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Official previous-year question paper (PDF scan) labelled 5-YDC in the source scan. Stored with Year 2 Semester 2 as provided.

Osmania University · Faculty of Law

Interpretation of Statutes · May/June 2015 (5-YDC)

May/June (5-YDC) 2015 · Interpretation of Statutes · Semester 4

FACULTY OF LAW
B.A. LL.B. (5-YDC) IV Year VIII - Semester (New) Examination, May / June 2015
Subject: LAW
PAPER - II: INTERPRETATION OF STATUTES
Code: 5787/N | Time: 3 Hours | Max. Marks: 80
PART - A (5 x 6 = 30 Marks) — Answer any FIVE of the following:
1. Definition of statute.
2. Meaning of interpretation.
3. Effect of Repeal.
4. Golden Rule.
5. Ejusdem Generis.
6. Harmonious construction.
7. Legislative debates.
8. Interpretation of procedural law.
PART - B (2 x 15 = 30 Marks) — Answer any TWO of the following:
9. Explain general rules of construction under the General Clauses Act, 1897.
10. What is Mischief Rule? Examine its importance in interpreting statutes.
11. What are internal aids to statutory interpretation? Explain with the help of decided cases.
12. What is Beneficial Construction? Explain with the help of decided cases.
PART - C (2 x 10 = 20 Marks) — Answer any TWO of the following:
13. An Act was passed by the State Legislature banning the slaughter of animals including cows. It
was challenged on the ground that it was unconstitutional. What types of presumption can be
raised in regard to the challenge? Discuss.
14. If an illustration is inconsistent with the content of a Section of the same Act, which shall prevail
over the other? Discuss.
15. Under the Sales Tax Act, 'Vegetables' were exempted from tax. The tax authorities levied tax on
the sale of coconuts. The vendor of coconuts, who was also selling vegetables, pleaded the
exemption on the ground that coconuts fell within the term 'Vegetables'. Discuss.
16. If a statutory language is defective as it is suffering from the defect of ambiguity, what type of
interpretation do you prefer to overcome that ambiguity?

Part A · 6 marks

  1. Definition of statute.
    3× in bank
    Year and frequency →
  2. Meaning of interpretation.
    4× in bank Topics: Literal (plain meaning) rule
    Year and frequency →
  3. Effect of Repeal.
    7× in bank
    Year and frequency →
  4. Golden Rule.
    7× in bank Topics: Golden rule and Heydon's mischief rule
    Year and frequency →
  5. Ejusdem Generis.
    4× in bank Topics: Noscitur a sociis and ejusdem generis
    Year and frequency →
  6. Harmonious construction.
    4× in bank Topics: Contemporanea expositio, casus omissus and construction ut res magis valeat; Penal, fiscal and beneficial (welfare) construction
    Year and frequency →
  7. Legislative debates.
    5× in bank Topics: External aids: legislative history, dictionaries, international law and official statements
    Year and frequency →
  8. Interpretation of procedural law.
    3× in bank
    Year and frequency →

Part B · 15 marks

  1. Explain general rules of construction under the General Clauses Act, 1897.
    4× in bank Topics: Contemporanea expositio, casus omissus and construction ut res magis valeat; Penal, fiscal and beneficial (welfare) construction
    Year and frequency →
  2. What is Mischief Rule? Examine its importance in interpreting statutes.
    2× in bank Topics: Golden rule and Heydon's mischief rule
    Year and frequency →
  3. What are internal aids to statutory interpretation? Explain with the help of decided cases.
    Topics: Internal aids: long title, preamble, headings, illustrations, explanation, proviso and punctuation
    Year and frequency →
  4. What is Beneficial Construction? Explain with the help of decided cases.
    Topics: Penal, fiscal and beneficial (welfare) construction; Contemporanea expositio, casus omissus and construction ut res magis valeat
    Year and frequency →

Part C · 10 marks

  1. An Act was passed by the State Legislature banning the slaughter of animals including cows. It was challenged on the ground that it was unconstitutional. What types of presumption can be raised in regard to the challenge? Discuss.
    Year and frequency →
  2. If an illustration is inconsistent with the content of a Section of the same Act, which shall prevail over the other? Discuss.
    Year and frequency →
  3. Under the Sales Tax Act, 'Vegetables' were exempted from tax. The tax authorities levied tax on the sale of coconuts. The vendor of coconuts, who was also selling vegetables, pleaded the exemption on the ground that coconuts fell within the term 'Vegetables'. Discuss.
    Year and frequency →
  4. If a statutory language is defective as it is suffering from the defect of ambiguity, what type of interpretation do you prefer to overcome that ambiguity?
    Year and frequency →