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Ios important questions, Exams of Law

Important questions for ios prom past question papers

Typology: Exams

2023/2024

Uploaded on 02/27/2024

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UNIT 1
1. The duty of Judicature is to act upon the true intention of the
Legislature/IoS means finding out the intention of the legislature.
Comment.
2. Judiciary cannot aid the legislature’s defective phrasing of an act.
Explain.
3. Rules of interpretation of statutes are not rules of law. Elucidate.
4. Strict construction of penal statutes, taxing statutes ***
5. Beneficial Construction and its limitations
6. Parts of statute
7. Purpose of codifying and consolidating statute *
8. ‘Mandatory or directory provision does not depend upon language used
in the statute./ Explain the rules of interpretation of mandatory and
directory provisions **
9. Consequences of repeal of a statute, difference bw repeal & expiry
10. “Power to repeal is consistent with Power to Enact”. Repeal may be
express or implied. Explain.
11. What is a temporary statute, perpetual statutes (differences between)?
Effects of repeal/expiry of temporary statute *****
12. Heydon’s Case
13. Repeal by Implication
UNIT 2
1. Internal aids of interpretation of statutes***
a. Preamble
b. Marginal note, long title, short title, headings (with cases)
2. External aid to construction,
a. Dictionaries
b. Foreign decisions
c. Social, Political and Economic Developments and Scientific
Invention
d. Contemporanea Exposito
(parliamentary history? Reference English & American practice)
3. Non-obstante and saving clauses **
4. Reference to other statutes as an aid
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UNIT 1

  1. The duty of Judicature is to act upon the true intention of the Legislature/IoS means finding out the intention of the legislature. Comment.
  2. Judiciary cannot aid the legislature’s defective phrasing of an act. Explain.
  3. Rules of interpretation of statutes are not rules of law. Elucidate.
  4. Strict construction of penal statutes, taxing statutes ***
  5. Beneficial Construction and its limitations
  6. Parts of statute
  7. Purpose of codifying and consolidating statute *
  8. ‘Mandatory or directory provision does not depend upon language used in the statute.’ / Explain the rules of interpretation of mandatory and directory provisions **
  9. Consequences of repeal of a statute, difference bw repeal & expiry
  10. “Power to repeal is consistent with Power to Enact”. Repeal may be express or implied. Explain.
  11. What is a temporary statute, perpetual statutes (differences between)? Effects of repeal/expiry of temporary statute *****
  12. Heydon’s Case
  13. Repeal by Implication UNIT 2
  14. Internal aids of interpretation of statutes*** a. Preamble b. Marginal note, long title, short title, headings (with cases)
  15. External aid to construction, a. Dictionaries b. Foreign decisions c. Social, Political and Economic Developments and Scientific Invention d. Contemporanea Exposito (parliamentary history? Reference English & American practice)
  16. Non-obstante and saving clauses **
  17. Reference to other statutes as an aid

UNIT 3

  1. ‘ A statute must prima facie be given their ordinary meaning’ / The conventional way of interpretation of statute is to seek the intention of its maker/ Literal rule of interpretation + case laws/ Importance of Intention of legislature in interpreting a statute/ “The duty of the Judicature is to act upon the true intention of the legislative.” *****
  2. “Language of the statute should be read as it is”
  3. Statute must be read as a whole in its context ***
  4. Rule of harmonious construction
  5. ‘Rules of interpretation are not rules of law’
  6. Mischief Rule with decided cases
  7. Beneficial construction and limitations on it
  8. What is interpretation? Explain in brief the basic principles of interpretation of statutes
  9. Discuss the subsidiary rules: “same word same meaning” and “use of different words”
  10. Analyse the commencement, operation and territorial application of statutes UNIT 4
  11. General principles governing retrospective operation of a statute / “It is a cardinal principle of interpretation that every statute is prima face prospective unless it is expressly or by necessary implication made to have retrospective operation.******
  12. Principles of interpreting statutes affecting jurisdiction of courts.
  13. How far earlier and later statutes are significant in interpreting a statute? (external aids)
  14. What are the general principles applied in construing remedial statute? Examine. UNIT 5
  15. Role of legislative history in interpretation of statutes, importance of parliamentary history **

s. Political good and evil t. Function of Courts in IoS u. Use of Negative Words v. Moral principles/Morals w. Classification of evils x. Commencement of a statute y. Vicarious Responsibility in statutory offends z. Golden Rule Problems An appraiser who service is often sought by the bank to weigh and test gold ornaments brought as security for bank loans claims himself as a workman under section 2S of industrial dispute act. Decide. There exists an agreement between two parties to resolve a dispute by arbitration. But the parties invoke the jurisdiction of the consumer forum to resolve the dispute. Can consumer forum be mandated to refer the dispute under section 8 (1) of the arbitration and conciliation act? Decide. A obtains insurance policy against the theft of his car from insurance company. his car was stolen by the passengers he gave a free lift to while returning to his home. When a claimed insurance the insurance company denies compensation. Decide. Avatar contends before the competent court that the sale of betel leaves shall not be made liable for sales tax relying on a dictionary meaning given on the said term as vegetable. Decide. Ram who is sentenced to life imprisonment pleas to the court which passed such sentence to set off the period of Pre conviction under section 428 of CRPC but the government pleader opposes it under section 433A of CRPC. Decide

A retired employee raises an industrial dispute claiming himself as workman under section 2s of the industrial dispute act 1947. The employer opposes it. Decide. Mohan files a water pollution case in criminal court under section 133 of CrPC but magistrate does not entertain the case stating Pollution Control Board has jurisdiction under the Water (prevention and control of) Pollution Act 1974 and not the criminal court. Advise Mohan with the help of suitable role of interpretation. A minor has right to maintenance under CRPC. Muslim women (protection of rights on divorce) act 1986 also enables Muslim women to claim maintenance for her children. Under which law can a Muslim minor claim maintenance? Decide with the help of relevant rule of interpretation. Special courts act 1992 to which confers civil jurisdiction on special Court relating to any property, bars the jurisdiction of any other Court. Whereas as recovery of debts due to Banks and Financial Institutions Act 1993 provides for tribunals to recover debts due to banks and financial institutions. Both are non-obstante clauses. Resolve the clash between the two laws using relevant rule of interpretation. B abused A by using unparliamentary words against him. A angered by this hit B on his head. B fell unconscious and was taken to the hospital where he was declared brought dead. A was charged with the commission of a crime under IPC. Aid night the criminal liability holding that he exercised his right of self defence and the death was an accident. Whether is guilty of crime? Decide with appropriate rule of interpretation. According to Karnataka electricity act 1948, the electricity board is empowered to fix electricity tariff depending upon nature of supply, geographic location, purpose of supply and others. How to interpret the word "others" in this case. Decide with suitable rule of interpretation.