This Paper has 47 answerable questions with 0 answered.
| Roll No………… | |
| Time allowed : 3 hours | Maximum marks : 100 |
| Total number of questions : 8 | Total number of printed pages : 3 |
| NOTE : Answer SIX questions including Question No.1 which is compulsory. |
| 1. | (a) | "Article 14 of the Constitution of India forbids class legislation but does not forbid classification." Explain. | (0) | ||||
| (8 marks) | |||||||
| (b) | Discuss the powers of the Supreme Court of India under Article 32 of the Constitution of India. | (0) | |||||
| (6 marks) | |||||||
| (c) | Explain in brief the concept of colourable legislation. | (0) | |||||
| (6 marks) | |||||||
| 2. | (a) | Discuss the importance of the preamble to the Constitution of India. | (0) | ||||
| (6 marks) | |||||||
| (b) | Describe the object of interpretation of statutes. | (0) | |||||
| (5 marks) | |||||||
| (c) | "The relief of specific performance of contract is discretionary." Discuss. | (0) | |||||
| (5 marks) | |||||||
| 3. | Distinguish between any four of the following : | ||||||
| (i) | ‘Res judicata’ and ‘stay of suits’ . | (0) | |||||
| (ii) | ‘Primary evidence’ and ‘secondary evidence’. | (0) | |||||
| (iii) | ‘Bond’ and ‘promissory note’. | (0) | |||||
| (iv) | ‘Public trust’ and ‘private trust’. | (0) | |||||
| (v) | ‘Trust’ and ‘contract’. | (0) | |||||
| (4 marks each) | |||||||
| 4. | Write short notes on any four of the following : | ||||||
| (i) | Network service providers. | (0) | |||||
| (ii) | Hacking | (0) | |||||
| (iii) | The term ‘conveyance’ as per the Indian Stamps Act, 1899. | (0) | |||||
| (iv) | Marshalling | (0) | |||||
| (v) | The doctrine of election. | (0) | |||||
| (vi) | Jurisdiction of arbitral tribunals. | (0) | |||||
| (4 marks each) | |||||||
| 5. | (a) | Choose the most appropriate answer from the given options in respect of the following : | |||||
| (i) | Article 15(1) of the Constitution of India prohibits the State from discriminating against any citizen on grounds only of–– (a) Religion (b) Race (c) Caste (d) Any of the above. | (0) | |||||
| (ii) | As per the Limitation Act, 1963, the period of limitation relating to suits of immovable property to redeem or recover the possession of property mortgaged is – (a) 3 years (b) 12 years (c) 30 years (d) 20 years. | (0) | |||||
| (iii) | The documents for registration at the proper registration office can be presented by – (a) Any person executing or claiming under the same (b) The representative or assignee of such person (c) The agent of such person (d) Any of the above. | (0) | |||||
| (iv) | A person against whom a decree has been passed or an order capable of execution has been made is called – (a) Lender (b) Judgement debtor (c) Legal representative of the debtor (d) Any of the above. | (0) | |||||
| (v) | As per the Indian Evidence Act, 1872, a witness cannot be compelled to give evidence relating to – (a) Official communications (b) Affairs of the State (c) Communications during marriage (d) All the above. | (0) | |||||
| (vi) | A trust has relationship with the trustee and the beneficiary. This relationship is that of a – (a) Contract (b) Fiduciary (c) Both (a) and (b) (d) All the above. | (0) | |||||
| (vii) | As per the Societies Registration Act, 1860, the property of the society vestsin – (a) Trustees (b) Members (c) Governing body (d) None of the above. | (0) | |||||
| (viii) | A trustee who has accepted the trust cannot afterwards renounce it except with the – (a) Permission of the Court (b) Consent of beneficiaries competent to contract (c) Both (a) and (b) (d) Either (a) or (b). | (0) | |||||
| (1 mark each) | |||||||
| (b) | Re–write the following sentences after filling–up the blank spaces with appropriate word(s)/figure(s) : | ||||||
| (i) | When a contract runs into minute or numerous details, the court may refuse specific ____________ . | (0) | |||||
| (ii) | A very effective method of cancellation of stamps is the drawing of diagonal lines right across the stamps with ends extending on the paper of the ___________. | (0) | |||||
| (iii) | The Information Technology Act, 2000 does not contain a specific provision, declaring illegal and fraudulent use, by one person, of other person’s ____________ name. | (0) | |||||
| (iv) | ____________ is a written statement of the deponent on oath duly affirmed before any court or any Magistrate or any Oath Commissioner appointed by the court or before the Notary Public. | (0) | |||||
| (v) | Speedy disposal of cases which can be tried and disposed off at once is known as ____________ trial. | (0) | |||||
| (vi) | A condition which destroys or divests the rights upon the happening of an event is known as __________ . | (0) | |||||
| (vii) | The Indian Trusts Act, 1882 is ____________ in respect of any matter specifically provided for in it, but is not exhaustive of all matters relating to private trusts. | (0) | |||||
| (viii) | A society can make ____________ in accordance with the rules and regulations of the society. | (0) | |||||
| (1 mark each) | |||||||
| 6. | (a) | State, with reasons in brief, whether the following statements are correct or incorrect : | |||||
| (i) | A document other than a will must be presented within 6 months of its execution. | (0) | |||||
| (ii) | Digital signature, i.e., authentication of an electronic record by a subscriber by electronic means, is recognised as a valid method of authentication. | (0) | |||||
| (iii) | Every court of small causes is subordinate to High Court and not to a District Court. | (0) | |||||
| (iv) | An ‘anticipatory bail’ is granted by the High Court or even by the Magistrate of the First Class. | (0) | |||||
| (v) | When the language used in the document is defective or ambiguous, evidence may not be given of facts to supply its defects or meaning. | (0) | |||||
| (vi) | Any community –– religious or linguistic, which is numerically less than 50 per cent of the population of that State –– is a minority within the meaning of Article 30 of the Constitution of India. | (0) | |||||
| (vii) | Standing timber, growing crops and grass are recognised as ‘immovable property’ within the meaning given in the Transfer of Property Act, 1882. | (0) | |||||
| (viii) | A person, who is a member of a society, shall not be counted as a member and shall not be entitled to vote whose subscription at the time shall have been in arrears for a period of two months. | (0) | |||||
| (2 marks each) | |||||||
| 7. | (a) | Ramesh is on trial for the murder of Chandan. There is an evidence to show that Chandan was murdered by Ramesh and Bhanu. Bhanu said, "Ramesh and I murdered Chandan." Can the court take into account this statement of Bhanu against Ramesh ? Give reasons. | (0) | ||||
| (6 marks ) | |||||||
| (b) | Dr. Gautam agrees to perform a certain operation and takes an advance of Rs. 60,000 from the patient. Later on, Dr. Gautam refuses to operate. Decide, giving reasons, whether the patient can get a decree of specific performance from the court against Dr. Gautam. | (0) | |||||
| (5 marks ) | |||||||
| (c) | Akram and Bikram have a dispute relating to some money–matter. As per the agreement, they submitted their dispute to an arbitral tribunal for arbitration. Both of them named persons of their choice (one each as arbitrators). The third arbitrator was to be named by these two arbitrators, which they failed to do so. On the application of Bikram, the Chief Justice of the High Court having jurisdiction named Rehman as the third arbitrator. Akram objected to this appointment. Will Akram succeed ? Decide referring to relevant case law. | (0) | |||||
| (5 marks ) | |||||||
| 8. | (a) | Deepak is tried summarily by the Metropolitan Magistrate on the charge of committing theft and is sentenced to undergo imprisonment for a period of four months. Can Deepak challenge the decision?If so, on what grounds ? | (0) | ||||
| (6 marks ) | |||||||
| (b) | Amit executed a sale deed of his House–X in favour of Baljit on 4th April, 2008 and got the same registered with the Sub–Registrar of the area on 18th April, 2008 and subsequently Amit executed the sale deed of his House–X in favour of Chandan on 5th April, 2008 and got the sale deed registered on 6th April, 2008. Which sale deed will prevail over the other ? Decide giving reasons. | (0) | |||||
| (5 marks ) | |||||||
| (c) | Mahendra, a member of a society, is in arrears of subscription which he is bound to pay according to rules of the society. Can he be sued as stranger under the Societies Registration Act, 1860 ? Give reasons. | (0) | |||||
| (5 marks ) | |||||||
