Test Booklet No. Time: 2 Hours) (Maximum Marks: 200 Instructions For The Candidates
Test Booklet No. Time: 2 Hours) (Maximum Marks: 200 Instructions For The Candidates
Test Booklet No. Time: 2 Hours) (Maximum Marks: 200 Instructions For The Candidates
Roll No.
(In figures as per admission card)
1. (Signature)
(Name)
Roll No.
2. (Signature)
(Name)
J5 8 0 7
Time : 2 hours]
(In words)
PAPERIII
LAW
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1. U DU U S U UU U U
2. U U U,
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3. U U U, -S U
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(i) -S U U U U U
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(ii) U DU U U U -S DU
U U U U U U
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S U U -S U
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4. U U
6. U-S U
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7. U # U U-S U
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8. / U ZU S U
9. U (UU) U U
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J5807
P.T.O.
LAW
PAPERIII
-
III
NOTE :
This paper is of two hundred (200) marks containing four (4) sections.
Candidates are required to attempt the questions contained in these sections
according to the detailed instructions given therein.
(200) (4)
S
J5807
SECTION - I
UI
Note :
( 5)
(30)
( 5)
(5x5=25 )
Note :
The candidates are advised to read the following paragraph carefully and answer
the five questions asked on the given paragraph in 30 words. Each question
carries 5 marks.
There is no place of hypocrisy in democracy. The Governors perception about
his power may be erroneous, but it is certainly not extraneous or irrational. It cannot be
said that by avoiding the Tenth Schedule by illegitimate or tainted means a majority if
gathered leaves the Governor helpless, and a silent onlooker to the tampering of mandate
by dishonest means. It is not and cannot be said that by preventing a claim to be staked
the Governor does not act irrationally or on extraneous premises. Had the Governor
acted with the object of preventing any one from staking a claim his action would have
been vulnerable. The conduct of the Governor may be suspicious and may be to in the
present case, but if his opinion about the adoption of tainted means is supportable by
tested materials, certainly it cannot be extraneous or irrational. It would all depend
upon the facts of each case. If the Governor in a particular case without tested or
unimpeachable materials merely makes an observation that tainted means are being
adopted, the same would attract review. But in the instants case there is some materials
on which the Governor has acted. This ultimately is a case of subjective satisfaction
based on objective materials. On the factual background one thing is very clear, i.e. no
claim was staked and on the contrary the materials on record show what was being
projected. It is also clear from the bare perusal of the documents which the petitioners
have themselves enclosed to the writ petitions that authenticity of the documents is
suspect.
If may be difficult to leave aspects of morality to be determined by high
constitutional functionaries, on case to case basis, depending on the facts of the case
and the personal mould of the constitutional functionaries with all these imponderables
the constitution does not contemplate the dissolution of assembly based on the
assumption of such immoralities for formation of the satisfaction that situation has
arisen which the Govt. connot be carried on in accordance with the provisions of the
constitution. What is normally wrong cannot be politically right.
(5) (30) (5)
S
M h
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h
( ) g
$ S
c S h M
h S
c
S
Sc c
c c Sc
S
S
S
-
m
S S
S
M M
1.
In which case the authenticity of the Governors action was challenged before the
Supreme Court of India and on what basis?
?
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2.
3.
What does the constitution of India contemplate for the dissolution of Assembly ?
S ?
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P.T.O.
4.
On what grounds the action of the Governor is reviewable by the Supreme Court of
India?
m ?
5.
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SECTION - II
UII
Note :
- (5-5) (15)
(5x15=75 )
(30)
6.
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7.
8.
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9.
10.
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11.
What is a grundnorm ?
?
12.
On what grounds a person is said to make a false document? What offence does he
commit thereby?
S ? - ?
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10
13.
Distinguish between Accident and Causing Death by Negligent and Rash Act.
- Sc
14.
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11
P.T.O.
15.
16.
Enumerate grounds on which either spouse may obtain divorce under the Hindu
Marriage Act 1955.
1955
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12
17.
When individual petitions are held inadmissible by the Human Rights Committee?
18.
What is the underlying philosophy of the convention on the Rights of the Child, 1989?
, 1989 ?
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13
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19.
20.
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14
SECTION - III
UIII
Note :
This section contains five (5) questions from each of the electives /
specialisations. The candidate has to choose only one elective / specialisation
unit and answer all the five questions from it. Each question carries twelve
(12) marks and is to be answered in about two hundred (200) words.
(12x5=60 marks)
/ (5)
/
(12) ( 200)
(12x5=60 )
Elective - I
UI
21.
Right to information is the sole soul of freedom of speech and expression. Explain
S
22.
There are many provisions in the constitution of India which secure the independence
and impartiality of the judiciary. Discuss the provisions. Is really the judiciary
independent in India?
S S
S ?
23.
The constitution of India has been experiencing a battle between the limited and
unlimited constituent power. Explain with reference to cases. What reforms would
you suggest to lessen the tension?
m m
24.
25.
Critically evaluate the role of the election commission of India in the development of
democratic process.
OR /
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15
P.T.O.
Elective - II
II
21.
S-
22.
23.
24.
Writ of certiorari is the most efficacious remedy against administrative actions. Amplify
this statement.
Lh ()
25.
Explain the reasons for the non-establishment of the institution of Lokpal in India
irrespective of the efforts of the Parliament to establish it.
S , S
OR /
Elective - III
III
21.
Discuss H.L.A. Harts analysis of law as a system of rules and explain his concept of
legal system.
... S L
S
22.
Analyse the concept of a legal person. Explain various theories of corporate personality.
h Sc
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16
23.
Examine the relationship of justice with law, ethics and social morality.
, S Z
24.
25.
Critically assess the role of Supreme Court in protecting right to development such as
right to shelter, access to road etc.
,
OR /
Elective - IV
IV
21.
In the offences against women, her reaction is relevant but not always conclusive
Discuss this statement.
S Lh , ,
22.
When hurt may convert into culpable homicide and murder? Explain those
situations.
, ? S
23.
24.
The fundamental principle of penal liability is that An act alone does not amount to
crime it must be accompanied by a guilty mind. Discuss.
h ,
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17
P.T.O.
25.
No one can dispute the fact that the code (Indian Penal Code) is well drafted, so
nicely knitted that slightest amendment in it ever after due care may disturb the entire
scheme of the Indian Penal Code yet the one and half century old code does not have
avenues to detect crimes emerging from modern techniques of crime i.e. Computer,
Cell Phone, Internet etc.
Elucidate the above statement and give your opinion as to what type of
amendments are required in Indian Penal Code to detect above type of crimes.
( ) S M
, ,
?
OR /
Elective - V
V
21.
Briefly discuss the various types of pollution with the help of decided cases.
22.
23.
Discuss the procedure relating to Sample Survey Analysis to be carried out by the
Pollution Control Boards under the water (Prevention & Control of Pollution) Act,
1974.
( ) 1974 m
24.
Briefly discuss the powers of the Central Pollution Control Board in regulating &
Controlling Environmental Pollution.
25.
Briefly examine the objects of Hazardous Wastes (Management & Handling) Rules,
1989.
c ( ) 1989 g
OR /
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18
Elective - VI
VI
21.
The concept of sovereignty has lost much of its relevance in the era of globalization
and communication technologies, comment.
l
22.
Ubi Societate lex is the appropriate basis of international law in the era of increasing
interdependence of nation state. In this backdrop discuss the theories relating to the
basis of international law.
-c c
c c h
23.
Recognition is not a constitutive but a declaration act. Elucidate this statement and
enumerate the consequences of recognition.
Sc
24.
Distinguish between collective security and collective self defence and discuss the reasons
for the failures of the U.N. Collective security system in the recent crises.
Qc
S
25.
Although the role of the International Court of Justice in the settlement of disputes has
been marginal, it has undoubtedly played significant role in the progressive development
of international law. Elucidate this statement with the help of the judgments and
advisory opinions of the International Court of Justice.
l c , C
S C
OR /
Elective - VII
VII
21.
What are Sahih, Fasid and Batil marriages according to Muslim law? Discuss their
legal incidents.
S , ?
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19
P.T.O.
22.
Though matrimonial remedies are available under the Hindu Marriage Act, 1955, the
court has to be vigilant that these are not abused. Discuss
, 1955
L
23.
Explain the grounds on which a Muslim wife can get divorce under the Dissolution of
Muslim Marriages Act, 1939.
Sc S S , 1939
24.
Under what circumstances a Hindu spouse is entitled to get maintenance from his/her
spouse?
S Sc
?
25.
It is not necessary that a Hindu father shall always be the natural guardian of his
minor legitimate child. Discuss.
S
OR /
Elective - VIII
VIII
21.
The cornerstone of U.N. activity in the field of human rights has been without doubt
the Universal Declaration of Human Rights. Comment
c S
22.
Discuss the organization and functions of the Human Rights committee. Is it correct to
say that Human Rights Committee is not court with binding decisions?
Z
?
23.
Discuss the organization and functions of the National Human Rights Commission. Is
the appointment of a former CBI officer as a member of the National Human Rights
Commission legal on and justified ?
c Z c
S M ?
24.
The global recognition of women rights as human rights marks a radical departure
from the traditional thinking on human rights, comment.
S M
S
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20
25.
Discuss the attempts made at the international level for the protection of the rights of
the child.
c S
OR /
Elective - IX
IX
21.
22.
23.
Any nuisance whereby sensible injury is caused to the property of another is actionable
- Discuss.
Sc
24.
What is Negligence? Examine the different factors responsible for making a person
liable for Negligence.
?
25.
Briefly discuss the role of Consumer Protection Act, 1986 in Medico - Legal cases.
- Q , 1986
OR /
Elective - X
X
21.
22.
Critically evaluate principles of legal liability of partners interse and partners dealing
with third parties, discussing principles of agency applied to partnership.
S
h
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21
P.T.O.
23.
Evaluate the doctrine of ultra vires under the Indian Companies Act. Analyse also its
utility and otherwise, in face of its near extinction.
h
24.
Write a critique on topical legal problems coming before the court under the Negotiable
Instruments Act and adequacy of judicial response to such problems
S
25.
Doctrine of indoor management is not only convenient but also just. Explain and
elaborate.
h S
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22
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24
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26
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SECTION - IV
IV
Note :
This section consists of one essay type question of forty (40) marks to
be answered in about one thousand (1000) words on any of the
following topics. This question carries 40 marks.
(40x1=40 marks)
(40)
, (1000)
(40x1=40 )
26.
There has hitherto been a progressive movement from caveat emptor to caveat venditor
in the consumer laws.
OR /
Desirability or non-desirability of uniform civil code.
U
OR /
Doctrine of legitimate separation has opened new vistas in the field of administrative
law.
h
OR /
The Supreme Court of India has developed a rich corpus of sustainable developments
jurisprudence and there is desirability of incorporating the concept of sustainable
development in the existing environmental laws.
S h
c
OR /
Amendment in the protection of Human Rights Act, 1993 is over due.
, 1993
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26
51
76
27
52
77
28
53
78
29
54
79
30
55
80
31
56
81
32
57
82
33
58
83
34
59
84
10
35
60
85
11
36
61
86
12
37
62
87
13
38
63
88
14
39
64
89
15
40
65
90
16
41
66
91
17
42
67
92
18
43
68
93
19
44
69
94
20
45
70
95
21
46
71
96
22
47
72
97
23
48
73
98
24
49
74
99
25
50
75
100
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks Obtained
J5807
Date .............................
40