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D5 8 0 5
Time : 2 hours]
(In words)
PAPERIII
LAW
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2. U U U,
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D5805
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
D5805
SECTION - I
UI
Note :
( 5)
(30)
( 5)
(5x5=25 )
The recent judgement of the Supreme Court, declaring 112 private universities in
Chhatisgarh illegal, has been both hailed and criticised for understandable reasons. In
fact a national debate is called for, on commercialisation of higher education in the
country. Those who hail the decision are of the view that the mushrooming of
substandard private institutes, with the active support of State authorities has given a
blow to the academic stature. There is an urgent need, not only for stricter laws, but
also for restoration of mindset aimed at academic excellence. They feel that the time
has come for an All India Common Entrance Test for admission of students rather than
State level test, so as to ensure academic worth of those admitted. Those who criticise
the decision feel that in the interest of higher education and for the future of the youth,
its impact must be annulled through legislation in parliament. The motivation behind
the private universities act was to encourage private sector investment in higher
education, as neither the central nor the state governments have the resource to meet
the investment needs of education. If India is to sustain and to reach developed-country
status by 2020, it is critical to faster an environment that will encourage private investment
in higher education. The Supreme Courts decision to preserve the monopoly of the
U.G.C. and the Central government in granting of university licences, has jeopardised
the future of students, studying in private universities.
, 112 l
, , Z m , S ,
, C
, S Q S , R
P
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, l ,
, S , ,
c m g
, Q l g ,
, , M d
C S 2020
Q
m l # , l
, Q l c S
1.
To which case the above paragraph refers ? What were the facts involved in this
case ?
Q ? ?
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2.
3.
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4.
5.
Do you agree/disagree with the above decision of the supreme court ? Give reasons.
Q / ?
D5805
SECTION - II
UII
Note :
- (5-5) (15)
(30)
(5x15=75 )
6.
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P.T.O.
7.
Define state as given in Article 12 of the constitution of India. Is the President of India
included in the expression State ?
12
C ?
8.
Are Fundamental Rights, Fundamental Duties and Directive Principles of State Policy
correlative and friendly to each other ?
, S
?
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9.
10.
Writ of certiorari is the most efficacious remedy against administrative action. Discuss.
Lh
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11.
Explain and illustrate that it is the judiciary instead of the legislature in bringing social
changes in India.
12.
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13.
14.
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15.
16.
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12
17.
Explain the meaning of the word wife as used in Section 125 of the Criminal Procedure
Code for the purposes of maintanance.
g R 125 Q
18.
Discuss the concept of Human Rights as enjoined in the International Bill of Human
Rights.
C
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13
P.T.O.
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.
The Preamble is the basic structure of the constitution of India as it contains a specified
objective to achieve. Comment.
g , g C
22.
The Fundamental Right have always remained controversial till date. Give reasons
for its justification.
S
23.
When India is said to be a secular state, it does not mean that we reject the reality of an
unseen spirit or the relevance of religion to life or that we exalt irreligious (Dr. S.
Radhakrishnan, C.A.D.). Discuss.
, Q
S (. . c,
...)
24.
How and in what way has the Constitution of India secured independence of
judiciary ?
S ?
25.
The scheme of distribution of legislative powers under the Indian constitution raises
interesting issues where the co-existence of Central and State laws in a particular area
give rise to litigation. Comment.
Q h S g ,
-S
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15
P.T.O.
OR /
Elective - II
II
21.
Administrative law is not the study of a particular law, but it is the study of a number
of laws. Discuss the nature and scope of administrative law in the light of this statement.
C
22.
23.
24.
Quo warrants is the most sought for remedy in administrative law. Discuss.
25.
OR /
Elective - III
III
21.
22.
Law, society and development are complimentary and supplementary to each other.
Critically evaluate it in relation to Dean Roscoe Pounds thesis of law as social engineering.
, M S
h ,
23.
Discuss the concepts of ownership and possession. Critically explain the difference
between the two.
S
D5805
16
24.
Jurisprudence may be defined as Science of the first principles of civil law. Comment.
S h M
25.
What are the rules to determine the Ratio Decidendi ? What is the value of obiter
dicta ?
? ?
OR /
Elective - IV
IV
21.
The offence of abetment depends upon the intention of the abetor, not upon the act
committed by the abetted. Discuss.
c c , c Q m
22.
Under what circumstances is one person liable for the acts committed by others.
S Q Q m ?
23.
24.
25.
OR /
Elective - V
V
21.
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22.
23.
24.
Write a critique on civil and criminal remedies for environmental protection, in context
of relevant case-law.
25.
OR /
Elective - VI
VI
21.
International law has progressed by leaps and bounds, yet the theoritical controversy
about the nature of international law is far from over. Comment and give your opinion.
C , C SM h
22.
Discuss the principles on which the extradition of a fugitive offender is based. Is a state
liable to extradite an offender who has been accused of a political murder in a
neighbouring state ? Give reasons.
h
, ,
?
23.
The power of veto has paralysed the Security Council. Do you agree with this
view ? Give reasons.
Q ?
D5805
18
24.
Explain in the background of U.N. Security Council Resolutions adopted in the context
of the Gulf-War and provisions of the U.N. charter, the legal status of Operation Desert
Storm mounted by the international forces under the U.S. command to combat Iraquian
aggression.
h C m S C
D , C Q m
S S
25.
Spell out the fundamental principles of the UNCTAD charter on Economic Rights and
Duties.
(UNCTAD) h S
OR /
Elective - VII
VII
21.
22.
State essential conditions of marriage under the Hindu Marriage Act, 1955 and explain
the effects of their violations on the marriage.
, 1955
23.
What is restitution of conjugal rights ? What the plaintiff has to prove to obtain the
decree for restitution of conjugal rights ?
S ? S R # ,
?
24.
State the law relating to womans right to adopt ? What changes have been brought by
the Hindu Adoption and Maintenance Act, 1956 in this regard in the old law ?
S
1956 m ?
25.
Distinguish between void and irregular marriages in Mohammedan Law and state
when a marriage in void and when its irregular ?
S Sc
?
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19
P.T.O.
OR /
Elective - VIII
VIII
21.
Explain the concept of such Human Rights that are common to all the documents of
International Bill of Human Rights.
?
22.
23.
How far the U.N. Commission of Human Rights has been able to promote the
sustainability of human rights in the world ?
.. ?
24.
Supreme Court of India has positively contributed to the development of human rights
of woman in India. Discuss.
25.
OR /
Elective - IX
IX
21.
22.
Nuisance is the State of affairs. An isolated act of inconvenience may not be actionable.
Discuss with the help of decide cases.
S
23.
The exceptions and defences to the rule of strict liability take away the harshners of
the no fault liability principle. Explain.
h M
SC
D5805
20
24.
The evolution of consumer right have come as a great relief to the consumer. Comment.
Q Q
25.
X
21.
22.
Critically analyse and evaluate duties of directors under Common Law, Statute and
Equity in the light of appropriate judicial precedents.
23.
How, and how far, judges are able to solve legal problems arising out of legal wrongs
relating to cheques ?
S
?
24.
Critically analyse legal actions which are taken by buyer and/or seller upon breach of
contract of sale of goods, with reference to relevant case-law.
-R R R m
h
25.
How a firm is registered ? Analyse advantages of the registration, to find out need for
the registration. Illustrate the answer with apt case-law.
? C
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P.T.O.
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.
OR /
Right of free education to girls amounts to inequality to boys.
OR /
State has a duty to assure the dignity of the individual.
Q S
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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
D5805
Date .............................
40