INTERPRETATION OF STATUTES

UNIT I: INTERPRETATION OF STATUTES

Part A (Each question carries 15 Marks)

1. Define nature and scope of interpretation of Statutes?

2. What is Grammatical Rule of Interpretation of Statutes and its
application by courts of India
3. Explain the Secondary Rules of Interpretation of Statutes
4. Explain the Kinds statutes?
5. Discuss about the Literal Rule of Interpretation and its Limitation.

Part B (Each question carries 10 Marks)

1. What do you mean by Repeal of Statutes.?

2. Union of India Vs. Filip tiago de gama of vedam vasco de gama
3. S P Gupta Vs. Union of India
4. Define the concept of Delegated Legislation
5. Difference between consolidating and codifying statutes.
6. Difference between Construction and interpretation.
Part C (Each question carries 5 Marks)

Short Notes:
1. Consolidating and codifying statute.
2. Amending and repealing statutes.
3. Repeal of a statute.
4. Remedial and Enabling Statutes.
5. Legis Interpretatio Legis Vim Obtinant
6. Sentencia Facit Jus
 Part D (Each question carries 10 Marks)

1. The Theatres Act, 1843 prescribed penalty for the performance of

plays without license on stage. A group of artists named as.
“Freedom Fighters” without license performed the play in the
chamber below the stage and their figures were reflected by the
mirrors and it appeared to the spectators that the players are on the
stage. Whether the court can impose penalty on “Freedom Fighters”
under the above said Act?
2. X was driving his motor car in a highway. Due to his reckless driving,
x hit his car on y, who died in the spot. At the time of prosecution x
takes a defence that he had committed the act due to gross
negligence.
3. ‘x’ a gas company has its register office at state ‘A’. The state
legislature brings an enactment thereby takes over ‘x’ company as
public limited company. The managing director of ‘x’ company file
the case against the ‘A’ state contending that the legislation pass by
state ‘A’ is unconstitutional as only the center has power to make a
law-decide.

UNIT II: AIDS TO INTERPRETATION

Part A (Each question carries 15 Marks)

.
1. What are intrinsic aids of interpretation?
2. Define Ex Post Facto Law with relevant case laws
3. What are all the advantages of Legislation over precedent and
Precedent over legislations?
4. What are extrinsic aids of interpretation?
5. What is Interpretation in favour of Constitution?
6. How far preamble can be used as an aid for interpreting the
 statutes.

Part B (Each question carries 10 Marks)

1. How dictionaries help in interpreting a law.

2. What are all the kinds of Legislation?
3. Explain Title and how far it becomes an intrinsic aids of
interpretation.
4. What is the use of General Clauses Act?
5. Key aspects of legislation

Part C (Each question carries 5 Marks)

1. Preamble as an intrinsic aid.

2. Litra Scripta
3. Sentencia Legis
4. Difference between Marginal notes and illustration.
5. Difference between proviso and exception.
6. Short note on non-abstante clause.
7. Debates and committe reports.

Part D (Each question carries 10 Marks)

1. A newly enacted statute provided that animal carried on board the

ship should be kept in pens. The defended shipping company had
failed to enclose the plaintiff’s sheep in pens and sheep had been
washed over board during storm. If only the sheep had been penned
has required, this mishap would not have occurred. Decide.
2. Parliament passes the law connected with fundamental rights.
 Supreme Court reviews the law which was passed by the parliament
and found that it was unconstitutional. Has Supreme Court got
power to review the law passed by the parliament.
3. ‘X’ a driver employed in the state run transport corporation ‘T’, is
unable to carry his duty efficiently due to illness, wherein it was
found that he was infected with HIV AIDS. Due to inefficiency of ‘X’
as per the advice of medical board, ‘T’ attempts for initiation of
termination proceedings. ‘X’ approach the court for alternate
employment in ‘T’, and for this purpose involves the provisions of
the person with disabilities (equal opportunities, protections of
rights and full participation) Act, 1995. Decide the issues on the
basis of contextual constructions of statutes.
4. In a case involving serious human rights violation, ‘M’ a public
spirited citizen, argues before the Indian courts to also interrupt, the
principles of international human rights law, as to the extend the
remedies available. Discuss the merits of the case in the context of
the statutory definitions of the term ‘human rights’ in India.

UNIT III: PRINCIPLES AND RULES OF STATUTORY INTERPRETATION.

Part A (Each question carries 15 Marks)

1. Explain the rule in Heydon’s case.

2. Explain the Golden rule of interpretation with reference to case laws.
3. Explain Ejus dem Generis rule of interpretation.
4. Explain the rule of Harmonious construction.
5. Explain Bonam Partem rule with illustration.

Part B (Each question carries 10 Marks)

.
1. Explain noscitur a socis rue and how is different from ejusdem
generis rule.
2. What are the secondary rules of interpretation of Statutes?
3. Expressio unis est exclusion alterious why this maxim is called as
dangerous master but a valuable servant - Explain

Part C (Each question carries 5 Marks)

1. Generalia Spcialbus non-derrogant.

2. Expressio unis est exclusion alterious.
3. Utres magis valet qua imperreat.
4. Contem poraneo exposito.

Part D (Each question carries 10 Marks)

1. Already there is a special law which states the age of retirement as

55 years. When General law was passed the age of retirement was
60 years. Now the question was whether the General law will have a
prospective effect or retrospective effect. The person who got
retirement by special can she claim the benefit of new law. Decide
with reference to maxim.
2. A law exempted all green vegetables from sale tax. Mr. ‘X’ was a
producer of sugar cane the question is whether sugar cane comes
under green vegetables. Hence he filed a petition will he succeed.
Decide
3. The fisherman community in the coastal areas have been engaged
in fishing in sea for generations. The government of India imposes a
ban on fishing for a period of sixty days whether this order violets
customary rights and also their rights to livelihood.
4. The management of the college had given some of its property to
‘X’ and his son for their life time and thereafter to ‘Y’ and ‘Z’. The
parliament of England enacted a statute to prevent this time of
alienation. Mr. ‘X’ challenges the validity of the statute. Decide.
5. X sold a adulterated butter. The authorities initiated criminal
 proceedings against X under the Food Adulteration Acts. Decide the
liabilities of X.
6. “M” asks “N” to bring a cup of water. “N” takes the command before
“N” could arrive, “Q” shares his water with “M”, “O” who is sitting at
the side of the “M” also feels thirsty and is in search of water. “N”
arrives with the water but sees that “M” has already got water.
Decide the event in the context of “N” serving the water to “O” ,
upon the application of the golden rule

UNIT IV: TAXING, PENAL AND WELFARE LEGISLATION

Part A (Each question carries 15 Marks)

1. Explain the rules for interpreting penal law.

2. Explain the rules relating to interpreting a taxing statute?
3. Write about welfare legislation. Why such legislations are passed.
Give some examples of welfare legislation?
4. Explain the maxim Actus non facit reum, nisi mensit rea.

Part B (Each question carries 10 Marks)

1. What is beneficial construction. When such constructions are

applied.
2. What is Restrictive construction. How it is applied and under what
circumstances.
3. What are the rules to be followed while drafting a law.
4. Explain Mensrea with decided cases.

Part C (Each question carries 5 Marks)

1. Welfare legislation.
2. Taxing statutes.
3. Harmonious Construction
4. Construction of penal laws.

Part D (Each question carries 10 Marks)

1. The State Government extended the provisions of Employee’s State

insurance Act 1948 to establish hotels, Shops, cinemas and theatres
and newspapers. The State Government issued notifications to that
effect. The petitioners questioned the application of the provisions
of the Act to an advertising agency and shipping company. Decide
whether shop includes advertising agency and shipping agency.
2. In country “A” death penalty was abolished by the constitution of
that temple. But the court gave the death sentence to the “C” the
murderer. Decide.
3. In a case involving Art 142 of the constitution of India, during the
course of proceedings a question arises as to whether human being
renders a complete justice-Discuss.
4. ‘M’ is alleged to have died due to dowry harassment. In addition, the
involvement of concubine along with the husband is traced. During
the trial the prosecution submits dowry death and related violent,
shall be construed as sexual violence. Discuss the validity of the
submission in the context of the role of judiciary in law-making.
5. A woman ran to a well with the intention of committing suicide but
was stopped before she could reach the well. Is the woman
criminally liable.- Decide.

UNIT V: PRINCIPLE OF CONSTITUTIONAL INTERPRETATION

Part A (Each question carries 15 Marks)
1. Explain the doctrines relating to interpretation of constitutional law.
2. Explain doctrine of severability and colourable legislation.

Part B (Each question carries 10 Marks)

1. Explain doctrine of repugnancy.

2. Explain doctrine of occupied filed.
3. Explain doctrine of prospective over ruling and to which case this
doctrine was applied for the first time.

Part C (Each question carries 5 Marks)

1. Doctrine of Eclipse.
2. Colourable Legislation.
3. Doctrine of severability
4. Doctrine of pith and substance.
5. Doctrine of repugnancy.
6. Residuary power.
7. Harmonouious construction.
8. Kesavanada Bharathi Vs State of Kerala
9. Golaknath Vs State of Punjab

Part D (Each question carries 10 Marks)

1. One ‘X’ created a will and settled his estate as trust. He did not
empower the trustees to sell or lease the land. A dispute arose
between trustees and beneficiaries. How will you decide the case?
2. ‘X’ was a licensed hackney carriage proprietor in England. He was
punished twice for two different offences under the provisions of the
 Act. (Town police clauses act 1948). Then the corporation cancelled
his licence. Mr. ‘X’ filed a suit against the corporation. Decide.
3. In country ‘A’, death penalty has abolished by the constitution of the
country but the court death sentence to ‘C’ the murderer.-Decide.
4. A,B,C&D were companions studied law course and practising as
advocates. One day C had a dispute between D so C approached B ,
D& A to solve the disputes. B&A advised C&D to go for a peaceful
settlement of disputes rather claiming judicial remedy, Being as a
advocate is their action justified. How?