West Bengal Legal Service – 2010 – Interpretation of Statutes

West Bengal Legal Service – 2010 – Interpretation of Statutes

Group – A
(interpretation of statutes)

Answer any three questions.

1. (a) The so called golden rule of interpretation is really a modification of the literal rule” – Discuss.
(b) Are debates in Parliament over a statute any aid in the construction of a Statute?

2. (a) “it is a Cardinal principle of Law that every Statute is Prima facie prospective, unless it is expressly or by- necessary implication retrospective in operation” – Discuss
(b) Are Statutes of Limitation Prospective ?

3. (a) Distinguish between Provisos, Saving Clauses and exceptions.
(b) if there are two or more enactments operating in the same field, each containing a non-obstante clause, how the conflict in such cases is to be resolved ?

4. Write short notes on any four of the following
(a) Ejusdem Generis
(b) Noscitur a sociis
(c) Implied Repeal
(d) Legal Fiction
(e) Fraud on the Statute

5. (a) What are the limits of delegated legislation ?
(b) What are the forms of delegated legislation ?

Group – B
(Principles of Legislation and Legislative Drafting)

Answer any one question.

6. Discuss the salient features of Collectivism as a Legislative Principle in the twentieth century.

7. Discuss the textual and non-textual methods of amendment of an existing Law with a critique of their merits and demerits.

Group – C
(The General Clauses Act 1897 and Bengal General Clauses Act 1899)

Answer any one question.

8. (a) Define immovable Property under the General Clauses Act 1897 and compare such definition with the definitions given in the Transfer of Property Act and Indian Registration Act.
(b) Define the characteristics of a ‘Local Authority’ under the General Clauses Act, 1897.
(c)(i) Does a right to carry mining operations and to extract a specific mineral, come under the definition of immovable property under the General Clauses Act of 1897 ?
(ii) Is the University of Calcutta a’ Local Authority’ under the General Clauses Act of 1897 ?

9. (a) “Provisions of an earlier Statute adopted and incorporated by a later Statute will not be repealed by the repeal of the former” – Discuss how a repealed enactment \tfill be construed under the Bengal General Clauses Act, 1899, when referred to in any other enactment or instrument.
(b) Discuss the conditions of Presumption of Postal Service under section 28 of the Bengal General Clauses Act, 1899. Is such presumption rebuttable ?