Interpretation of Statutes · Semester 4

Interpretation of Statutes · December 2020

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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 · December 2020

December 2020 · Interpretation of Statutes · Semester 4

FACULTY OF LAW
LL.B. (3 YDC) / LL.B. (3 YDC) (Honours) II - Year IV - Semester Examination, December 2020
Subject: LAW
PAPER - III: INTERPRETATION OF STATUTES
Code: 5125 | Time: 2 Hours | Max. Marks: 80
PART - A (4 x 10 = 40 Marks) — Answer any FOUR of the following:
1. Utility of rules of interpretation.
2. Noscitur a sociis.
3. Golden Rule.
4. Marginal notes.
5. Legislative history.
6. Effect of Repeal.
7. Interpretation of procedural statutes.
8. Interpretation of taxing statutes.
PART - B (1 x 20 = 20 Marks) — Answer any ONE of the following:
9. Enumerate and explain the general principles of interpretation.
10. "Interpretation is either general or the general principles of construction." Discuss.
11. What is Beneficial Construction? Illustrate with the help of judicial decisions.
12. Discuss the significance of presumptions in interpreting a statute.
PART - C (1 x 20 = 20 Marks) — Answer any ONE of the following:
13. A provision of a penal statute is capable of being interpreted in two ways. One interpretation
would result in conviction of the accused, whereas the other interpretation leads to acquittal of the
accused. Which is preferable? Why?
14. The Act and Rules were drafted by the same team of draftsmen simultaneously. The Act is of
such a nature that it could not be operated without the Rules. Therefore, both the Act and the
Rules were published in the same gazette and both came into operation from the same day. In such
a case, to what extent the provision of the Act.
15.Under the sales tax legislation, vegetables are exempted from levy of sales tax. A vendor is
selling “green ginger” along with vegetables. Sales tax is levied on the sale of “green ginger”. The
vendor claimed exemption on the ground that green ginger is a vegetable. Will he succeed? Decide
in the light of principles applicable to interpretation of taxing statutes.

16. The Telegraph act was enacted by parliament. Later Telephone was invented. A question arose
before the court as to where the Telegraph includes Telephones. What rules of interpretation do
you suggest in this regard? Refer to a decided case.

Part A · 6 marks

  1. Utility of rules of interpretation.
    Year and frequency →
  2. Noscitur a sociis.
    2× in bank Topics: Noscitur a sociis and ejusdem generis
    Year and frequency →
  3. Golden Rule.
    7× in bank Topics: Golden rule and Heydon's mischief rule
    Year and frequency →
  4. Marginal notes.
    Year and frequency →
  5. Legislative history.
    2× in bank Topics: External aids: legislative history, dictionaries, international law and official statements
    Year and frequency →
  6. Effect of Repeal.
    7× in bank
    Year and frequency →
  7. Interpretation of procedural statutes.
    Year and frequency →
  8. Interpretation of taxing statutes.
    2× in bank
    Year and frequency →

Part B · 15 marks

  1. Enumerate and explain the general principles of interpretation.
    Year and frequency →
  2. "Interpretation is either general or the general principles of construction." Discuss.
    Topics: Contemporanea expositio, casus omissus and construction ut res magis valeat; Penal, fiscal and beneficial (welfare) construction
    Year and frequency →
  3. What is Beneficial Construction? Illustrate with the help of judicial decisions.
    Topics: Contemporanea expositio, casus omissus and construction ut res magis valeat; Penal, fiscal and beneficial (welfare) construction
    Year and frequency →
  4. Discuss the significance of presumptions in interpreting a statute.
    Year and frequency →

Part C · 10 marks

  1. A provision of a penal statute is capable of being interpreted in two ways. One interpretation would result in conviction of the accused, whereas the other interpretation leads to acquittal of the accused. Which is preferable? Why?
    Topics: Penal, fiscal and beneficial (welfare) construction
    Year and frequency →
  2. The Act and Rules were drafted by the same team of draftsmen simultaneously. The Act is of such a nature that it could not be operated without the Rules. Therefore, both the Act and the Rules were published in the same gazette and both came into operation from the same day. In such a case, to what extent the provision of the Act. 15.Under the sales tax legislation, vegetables are exempted from levy of sales tax. A vendor is selling "green ginger" along with vegetables. Sales tax is levied on the sale of "green ginger". The vendor claimed exemption on the ground that green ginger is a vegetable. Will he succeed? Decide in the light of principles applicable to interpretation of taxing statutes.
    Topics: Prospective and retrospective operation
    Year and frequency →
  3. The Telegraph act was enacted by parliament. Later Telephone was invented. A question arose before the court as to where the Telegraph includes Telephones. What rules of interpretation do you suggest in this regard? Refer to a decided case.
    Year and frequency →