West Bengal Legal Service – 2007 – Interpretation of Statutes

West Bengal Legal Service – 2007 – Interpretation of Statutes

GROUP – A
(INTERPRETATION OF STATUTES)

Answer arty two questions.
1. (a) “The words, phrases and sentences of a statute are ordinarily to be understood in their natural, ordinary or popular and grammatical meaning unless such a construction leads to an absurdity or the context or object of the statute suggest a different meanings.”—Explain.
(b) Discuss the Mischief Rule and state why it is often termed as “Heydon”s Rule”.

2. (a) “In the exposition of statutes, the intention of the legislature is to be gathered from the whole of the statute and every part of it taken and compared with other parts. Explain with cases.
(b) It is correct to say that the primary and foremost task of a court in Interpreting a statute is to ascertain the intention of the legislature, actual or inputed? Discuss and underlying principle with reference to decided cases.

3. (a) What do you understand by the maxim “ut res magis valear quam peredat” ?
(b) Suppose, in Act ‘X’, which operates in the field of Marriage, Divorce and Matrimonial Rights* the word ‘maintenance’ is used but not defined. On the other hand, Act ‘Y’ deals with adoption and maintenance and provides a definition of the term ‘maintenance’ which somewhat differs from the dictionary meaning of the term.
In interpreting ‘maintenance’ under Act 4X’, should the courts of law adopt the dictionary meaning or the definition given under Act ‘Y’ ? Discuss the underlying principle of interpretation to be adopted by a court in such circumstances.

GROUP – B
(PRINCIPLES OF LEGISLATION)

Answer any one question.

4. “To Bantham mankind is governed by pleasure and pain. Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do a” well as to determine what we shall do. —Critically examine the statement with reference to utiliterianism as principle of legislation,

5. “There are certain basic mechanics of standards which have been active in providing the content of legislation. These mechanics or standards have given every legislation a particular caste, a definite mould and a distinctive favour. Discuss with reference to various criteria of legislation which have influenced in the development of principles of legislation.

GROUP – C
(LEGISLATIVE DRAFTING)

Answer any one question

6. Describe the preliminary drafting techniques which are taken into consideration while subjecting a legislation to legal scrutiny.

7. What are the expectations of a draftsman? State the difficulties and problems which the draftsman of a modem statute or bill faces.

GROUP -D
(GENERAL CLAUSES ACT)

Answer any one question.

8. (a) What is the provision of law under the General Clauses Act, 1697 as to the effect of repeal of any enactment ?
(b) Explain the meaning of “Service by Post”, ‘Affidavit’ and ‘Central Government’ under the General Clauses Act,1897.

9. State the provision of law under the West Bengal General Clauses Act, 1899 as to
(i) coming into operation and (ii) computation of time.