| 1. | (a) | "The Constitution of India is federal in nature with a strong centralising tendency." Discuss. | 8 | (0) |
| | (b) | "No person shall be deprived of his life or personal liberty except according to procedure established by law." Discuss. | 6 | (0) |
| | (c) | Explain the 'doctrine of severability'. | 6 | (0) |
| 2. | (a) | Where two provisions of the same enactment cannot be reconciled with each other, they should be so interpreted that, if possible, effect may be given to both. Comment. | 8 | (0) |
| | (b) | Who are the persons against whom specific performance of a contract cannot be enforced ? Can the court grant the specific performance of a contract to a plaintiff who is ready and willing to perform his part of the
agreement ? | 8 | (0) |
| 3. | (a) | Describe the grounds and procedure to challenge the appointment of an arbitral tribunal under the Arbitration and Conciliation Act, 1996. | 8 | (0) |
| | (b) | Mention in brief the provisions relating to computation of period of limitation under the Limitation Act, 1963. | 8 | (0) |
| 4. | (a) | Define the term 'instrument' under the Indian Stamp Act, 1899. | 4 | (0) |
| | (b) | Are the following 'instruments' under the Indian Stamp Act, 1899 : | 2each | |
| | | (i) | A letter which acknowledges receipt of a certain sum as having been borrowed at a particular rate of interest and for a particular period of time and that it will be repaid with interest on the due date ? | | (0) |
| | | (ii) | An unsigned draft document ? | | (0) |
| | (c) | Write short notes on the following : | | |
| | | (i) | Documents of which registration is optional. | 2 | (0) |
| | | (ii) | Registration of a document executed out of India. | 2 | (0) |
| | | (iii) | Time limit for presentation of a document for registration. | 4 | (0) |
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| 5. | (a) | Define 'exparte decree' and also mention the time limit and grounds for making an application to set aside an ex parte decree. | 8 | (0) |
| | (b) | What amounts to 'hacking' under the Information Technology Act, 2000 ? | 4 | (0) |
| | (c) | When is a 'digital signature' deemed to be a secure digital signature ? | 4 | (0) |
| 6. | (a) | A property is given to Anil for life and afterwards to Bimal. Bimal transfers this interest to Chandan. Bimal dies during the life-time of Anil. Chandan claims the property. Decide. | 6 | (0) |
| | (b) | Discuss the validity of the following transfers : | 2each | |
| | | (i) | X, a Hindu widow, transfers her right to future maintenance. | | (0) |
| | | (ii) | X, a Hindu widow, transfers her arrears of past maintenance. | | (0) |
| | | (iii) | Transfer of right of easement apart from the dominant heritage. | | (0) |
| | (c) | Rohit, a Hindu who has his self–earned property, dies leaving his widow Priya and brother Bidur. Bidur's succession to the property is dependent upon two factors, viz., (i) his surviving the widow Priya; and (ii) Priya leaving the property intact. Bidur transfers his right of succession. Is it a valid transfer ? Explain. | 4 | (0) |
| 7. | (a) | Society–X consisted of 200 members in total. To dissolve the society, a general meeting of the members was convened. The number of members present in the meeting was 140. Out of 140 members, 115 members agreed to dissolve the society. Discuss with reference to the provisions of the Societies Registration Act, 1860 whether the dissolution of the society would be valid. | 5 | (0) |
| | (b) | Amar agrees in writing to sell a horse to Bijoy for Rs.2,000 or Rs.3,000. Can evidence be given to show which price was to be given ? | 5 | (0) |
| | (c) | An information is given to the in–charge of police station against Rahul, a small trader, that he has committed a non–cognizable offence of fraudulent use of false weights and measures. The in–charge of police station, after entering the substance of the information in the Daily Diary kept at the police station, commences investigation without the order of the magistrate. Rahul objects to this action of the police. Will the objection of Rahul be sustained ? | 6 | (0) |
| 8. | (a) | A suit was instituted by the plaintiff company alleging infringement by the defendant company by using trade name of biscuits and selling the same in the packing of identical design, etc., as that of plaintiff company. A subsequent suit was instituted in a different court by the defendant company against the plaintiff company with the similar allegations. Discuss the validity of the subsequent suit. | 6 | (0) |
| | (b) | Explain the doctrine of constructive res judicata. | 5 | (0) |
| | (c) | Anurag intentionally and falsely leads Bhanu to believe that certain land belongs to Anurag, and thereby induces Bhanu to buy and pay for it. The land afterwards becomes the property of Anurag. Anurag seeks to set aside the sale on the ground that at the time of sale he had no title. Decide. | 5 | (0) |
