Interpretation of Statutes · Semester 4

Interpretation of Statutes · May/June 2016

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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), OU LL.B. Year 2 Semester 2 (IV Semester). Download the file; question-to-topic mapping can be added later from this paper.

Osmania University · Faculty of Law

Interpretation of Statutes · May/June 2016

May/June 2016 · Interpretation of Statutes · Semester 4

FACULTY OF LAW
LL.B. (3 YDC) II - Year IV - Semester Examination, May / June 2016
Subject: LAW
PAPER - III: INTERPRETATION OF STATUTES
Code: 3098 | Time: 3 Hours | Max. Marks: 80
PART - A (5 x 6 = 30 Marks) — Answer any FIVE of the following:
1. Meaning of Interpretation.
2. Golden Rule.
3. Casus Omissus.
4. Preamble.
5. Consolidated statutes.
6. Effect of Repeal.
7. Non obstante clause.
8. Presumption of constitutionality.
PART - B (2 x 15 = 30 Marks) — Answer any TWO of the following:
9. Write the salient features of the General Clauses Act, 1897.
10. What is Rule in Heydon's case? Explain how it is followed by Indian Courts.
11. Write a critical note on 'strict construction of Penal Statutes'.
12. Discuss the principles followed by the courts to resolve the conflict between enabling statutes
and subordinate legislation.
PART - C (2 x 10 = 20 Marks) — Answer any TWO of the following:
13. The prohibition act was enacted by the state legislature under which the sale, possession,
transportation and consumption of liquor was an offence. Later the said act was repealed by the
punishable under the act when it was in force. Mr. X was charge sheeted after the repeal of the Act.
Is it legal? Discuss.
14. The street offences act was passed by the legislature. Thereafter prostitutes solicited the
passers by from balconies or windows of public places. Are they guilty of committing an offence
under the same Act, which shall prevail over the other?
15. There is a conflict between a provision of substantive law and a provision of procedural law.
Which shall prevail over the other? What type of interpretation is preferable? Discuss.
16. The highways act empowered the authorities to 'lop' the trees growing nearby the highway. In
exercising the power, the authorities cut off the top of the trees along with two other public houses.

Thereafter prostitutes solicited the passers by from balconies or windows of street offence? Does it
amount to street offence?

Part A · 6 marks

  1. Meaning of Interpretation.
    4× in bank Topics: Literal (plain meaning) rule
    Year and frequency →
  2. Golden Rule.
    7× in bank Topics: Golden rule and Heydon's mischief rule
    Year and frequency →
  3. Casus Omissus.
    Topics: Contemporanea expositio, casus omissus and construction ut res magis valeat
    Year and frequency →
  4. Preamble.
    5× in bank Topics: Internal aids: long title, preamble, headings, illustrations, explanation, proviso and punctuation
    Year and frequency →
  5. Consolidated statutes.
    Year and frequency →
  6. Effect of Repeal.
    7× in bank
    Year and frequency →
  7. Non obstante clause.
    4× in bank
    Year and frequency →
  8. Presumption of constitutionality.
    Year and frequency →

Part B · 15 marks

  1. Write the salient features of the General Clauses Act, 1897.
    Year and frequency →
  2. What is Rule in Heydon's case? Explain how it is followed by Indian Courts.
    Topics: Golden rule and Heydon's mischief rule
    Cases: Heydon's Case
    Year and frequency →
  3. Write a critical note on 'strict construction of Penal Statutes'.
    2× in bank Topics: Penal, fiscal and beneficial (welfare) construction; Contemporanea expositio, casus omissus and construction ut res magis valeat
    Year and frequency →
  4. Discuss the principles followed by the courts to resolve the conflict between enabling statutes and subordinate legislation.
    Year and frequency →

Part C · 10 marks

  1. The prohibition act was enacted by the state legislature under which the sale, possession, transportation and consumption of liquor was an offence. Later the said act was repealed by the punishable under the act when it was in force. Mr. X was charge sheeted after the repeal of the Act. Is it legal? Discuss.
    Year and frequency →
  2. The street offences act was passed by the legislature. Thereafter prostitutes solicited the passers by from balconies or windows of public places. Are they guilty of committing an offence under the same Act, which shall prevail over the other?
    Year and frequency →
  3. There is a conflict between a provision of substantive law and a provision of procedural law. Which shall prevail over the other? What type of interpretation is preferable? Discuss.
    2× in bank
    Year and frequency →
  4. The highways act empowered the authorities to 'lop' the trees growing nearby the highway. In exercising the power, the authorities cut off the top of the trees along with two other public houses. Thereafter prostitutes solicited the passers by from balconies or windows of street offence? Does it amount to street offence?
    Year and frequency →