Osmania University Interpretation of Statutes Previous Questions

Exam Oriented Book – OU 3LLB 4th Semester

Buy Printed Book Buy Instant Online Notes

Note- These questions are updated annually, unit-wise, to make your exam preparation easier. Best of luck!

Unit-I: Introduction to Statutes and Interpretation

Syllabus: Meaning and Definition of Statutes — Classification of Statutes — Meaning and Definition of Interpretation — General Principles of Interpretation — Rules of Construction under the General Clauses Act, 1897.

6 Mark Important Questions

  1. Meaning of Statutes
  2. Temporary Statute
  3. Meaning of Interpretation
  4. Utility of rules of interpretation
  5. Mandatory and Directory Provisions
  6. Interpretation of fiction under General Clauses Act

15 Mark Important Questions

  1. State the meaning, object and scope of “interpretation” and “construction”.
  2. Discuss the difference between interpretation and construction. Explain with reference to general principles.
  3. Enumerate and explain the general principles of interpretation.
  4. Interpretation is either grammatical or logical – Elucidate.

Unit-II: Primary Rules of Interpretation

Syllabus: Grammatical Rule of Interpretation — Golden Rule of Interpretation — Rule of Interpretation to avoid mischief — 60th Report of Law Commission of India, 1974 and 183rd Report of Law Commission of India, 2002 on General Clauses Act, 1892.

6 Mark Important Questions

  1. Literal Rule of Interpretation
  2. Golden Rule
  3. Noscitur a sociis
  4. Ejusdem Generis
  5. Reddendo Singula Singulis

15 Mark Important Questions

  1. Literal or Grammatical rule is said to be the safest rule of interpretation. Clarify with the help of decided cases.
  2. Explain the Golden Rule of Interpretation.
  3. Explain how the Golden Rule is applied to the interpretation of statutes. Why is it considered different from the literal rule? Illustrate with decided cases.
  4. “A statute is not passed in vacuum but in a frame work of circumstances…”. Make a critical appraisal of the above in the light of Haydon’s rule (Mischief Rule).
  5. The term “soliciting” is used in a street under street offences Act… In such case, what type of interpretation is preferable? Discuss. (Mischief Rule)
  6. Explain the “Rule of Ejusdem generis” with the help of landmark judgments.

Unit-III: Interpretation of Specific Statutes

Syllabus: Interpretation of Penal Statutes and Statutes of Taxation — Beneficial Construction — Construction to avoid conflict with other provisions — Doctrine of Harmonious Construction.

6 Mark Important Questions

  1. Remedial Statutes
  2. Interpretation of taxing statutes

15 Mark Important Questions

  1. What is Beneficial construction? Illustrate with the help of judicial decisions.
  2. Bring out the distinction between penal and remedial statute and the rules of interpretation applicable to them. Discuss the current judicial trend in the interpretation of penal statutes.
  3. Discuss the rationale for the interpretation of taxing statutes. Explain with examples.

Unit-IV: Aids to Interpretation

Syllabus: External Aids to Interpretation — Statement of objects of legislation, Legislative debates, identification of purpose sought to be achieved through legislation — Internal Aids to Interpretation — Preamble, title, interpretation clause, marginal notes, explanations etc. — Presumptions.

6 Mark Important Questions

  1. External aid
  2. Legislative debates
  3. Objects and reasons of statutes
  4. Marginal notes
  5. Legislative history
  6. Presumption against Intending Injustice

15 Mark Important Questions

  1. Discuss in detail the internal aids of interpretation with the help of decided cases.
  2. Discuss the admissibility of external aids of statutes for interpretation with reference to decided cases.
  3. Discuss the significance of presumptions interpreting a statute.
  4. Explain the use of “decent, social, political and economic changes and scientific inventions” as the aids of interpretation.

Unit-V: Operation of Statutes

Syllabus: Effect of Repeal — Effect of amendments to statutes — Conflict between parent legislation and subordinate legislation — Methods of interpreting substantive and procedural laws.

6 Mark Important Questions

  1. Effect of Repeal
  2. Retrospective Operation of Statutes
  3. Interpretation of procedural statutes
  4. Finality clauses in statutes
  5. Clauses excluding judicial decision
  6. Clauses rendering judicial decision ineffective

15 Mark Important Questions

  1. What are the consequences of repeal? To what extent a statute can apply to changed circumstances?
  2. Discuss the effect of a repealing statute on pending proceedings.
  3. Explain the extent to which legislatures can delegate their legislative powers.

10 Mark Statutes IMP Questions

  1. A makes a gift of ₹50,000 to his friend B. The gift was made on 1-9-2009. The Income-tax authorities levy income-tax on the gift amount. The assessment is challenged by B. Decide.
  2. A landlord, after executing a lease deed, was away from the country. During his absence, his servants violated the statute, which made the landlord liable for the offence. The landlord contends that he was not aware of the offence. The prosecution contends that knowledge of the law is presumed. Decide.
  3. Section 3 of X Act is inconsistent with section 4 of Y Act. Discuss the validity of X and Y Acts. How do you interpret the inconsistency between X and Y Acts?
  4. X came to the office at 13:30:25 late by half an hour. He was allowed admission by the supervisor, but the supervisor was suspended for this reason. The service bye-law on punctuality was ambiguous. Decide the employer’s power to suspend the supervisor.
  5. A provision of 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?
  6. 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 Rules. Therefore, both the Act and Rules were published in the Official Gazette and they came into operation from the same day. In such a situation, discuss whether Rules can be taken as aids to interpret the provisions of the Act.
  7. Under the Sales Tax Legislation, vegetables are exempted from the 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.
  8. The Telegraph Act was enacted by the Parliament. Later Telephone was invented. A question arise before the court as to whether the Telegraph includes Telephones. What rule of interpretation do you suggest in this regard? Refer to a decided case.

For Easy OU LLB Semester Exams Preparation, We Sell All-in-One Printed book & Online notes, It will cover

  • Notes- Unit-wise All 4th Sem Subjects
  • PYQs- Unit Wise All 4th Sem Subjects
  • Model Answers to 10 Mark Case Law Questions
  • Revision Material for last-minute revision
Buy 4th Sem All-in-one Here