34-67-3-01THREE L.L.B DEGREE EXAMINATIONS JANUARY-2011THIRDSEMESTERPaper V INTERPRETATION OF STATUTES (OPTIONAL-I)

(Revised Regulations w.e.f. 2009-2010)

Time: 3 Hours Max Marks: 100

Part-A (Short Answer Questions)

Write short notes on any six questions of the following

Each question carries 4 Marks

(Marks: 6x4=24)

1. Prospective Overruling.

2. Harmonious construction.

3. Waiver.

4. Mischief rule.

5. Pith and Substance.

6. De minimums non-cruet lex.

7. Mens rea.

8. Equitable construction.9. Codifying Statute.

Part-B (ESSAY TYPE QUESTIONS)

Answer any Two of the following

Each question carries 18 marks

(Marks: 2x18=36)

10. What are the various rules of literal rule of interpretation and explain their limitations?

11. Explain the rules under Restrictive construction and give the examples of construction with reference to consequences?

12. Explain the absolute and qualified duties with the decided case laws.

13. Discuss the various rules of Statutory interpretation.

Part-c (Case Comment Type questions)

Answer any two questions

Each question carries 20 marks

(Marks: 2x20=40)

14. Y got served a notice to Z through unregistered way for eviction of his property. Z received the same and kept quite. Explain the position of Y to take action against Z.

15. X a prostitute who called the attention of Y a passerby from balconies or windows were soliciting in a street. Whether Y had got right to take an action against X? Decide with case law.

16. There is an irreconcilable contradiction between two sections of the same Act. What is the rule of interpretation in such a case? Discuss.

17. According to a statutory provision, the unlawful and intentional killing of another is the offence of murder. a intentionally inflicts on B mortal wound and then mistakenly thinking him dead, throws his body into a lake, with the result that B dies by drowning is this a murder? Discuss.