Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./IVSem./2016-17/E.T.

/MCCLE

Time - 03 Hours Max-Marks :- 70

April-2017
Moot Court & Clinical Legal Education
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
1. “Advocates owe certain kind of duties to the Court.” Answer in the light of Bar Council of
India Rules.
2. “An Advocate has fiduciary relationship with his client. He has to serve the interest of his
client by protecting him in the litigation to the best of his ability in the Court of Law. Bar
Council of India Rules describe the relationship of an Advocate with his client.” Explain.
3. What defences are available to the alleged contemnor charged with Civil Contempt? Answer
with the illustrative Cases.
4. Describe the procedure to be adopted whenever there is a dispute between the parties pertain
to public Utility Services, under the Legal Services Authorities Act, 1987.
5. Write an essay on ‘Lok Adalat”.
6. What kind of scheme is framed for providing legal services to middle income citizen group?
(SECTION – B) (02X05)
Write short notes on any two of the following:
7. Criminal Contempt
8. Criteria of entitlement to avail legal Services under Legal Services Authorities Act, 1987
9. Public Utility Services
10. Contempt Proceeding against Justice C S Karnan
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Roll No. …………………. DR. RMLNLU, LKO B.A.LL.B./IVSem./2016-17/E.T./PIL

Time - 03 Hours Max-Marks :- 70

April-2017
Public International Law
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
1. Write a detailed note on the different principles for the exercise of criminal jurisdiction by States
in International Law.
2. (a) Explain the circumstances precluding wrongfulness of an act attributable to State for the
purposes of State responsibility in international law.
(b) Discuss the concept of ‘sovereign immunity’ in international law.
3. Prima facie, recognition of governments operates retrospectively not to validate the acts of a
former government, but to validate the acts of a de facto government which has become the new
de jure government. Critically examine the given statement by referring to case laws and by
distinguishing the act of recognizing a State from the act of recognition of a government by
another State.
4. (a) ‘Law making treaties’ may not necessarily be normative, it can even be made with a view to
declare the existing customary rules of international law. In the light of the given statement
explain the concept of ‘law making treaties’ and distinguish it from ‘treaty contracts’.
(b) Distinguish ‘regional and local custom’ from ‘international custom’ in international law with
the help of suitable case law. Whether ‘state practice’ and ‘opinio juris’ are the necessary
requirements in case of ‘regional and local custom’ also?
5. (a) Executive power of the Union of India under the Indian Constitution extends to the matters
with respect to which the Parliament has power to make laws. But the obligations arising
under the international agreements or treaties are not on their own force binding upon Indian
nationals. Discuss the given statement.
(b) Explain the constitutional position in India in relation to treaties involving cession of national
territory with the help of case laws.
6. (a) The principle of self determination as a concept in international law is capable of developing
further so as to include the right to secession from existing States. Discuss the given
statement.
(b) Explain the reasons given by the Supreme Court of United Kingdom in R v. Secretary of State
for Exiting the European Union, 2017 (Brexit Judgment) for holding that the United Kingdom
cannot come out of the European Union without the approval of the British Parliament.
(SECTION – B) (02X05)
7. Explain the judgment of the International Court of Justice in the North Sea Continental Shelf case,
1969 about the binding nature of the equidistance principle for the delimitation of Continental
Shelf between States adjacent to or facing each other.
8. Comment on the hierarchy amongst the sources of international law and jus cogens.
9. Explain the significance of the definition of ‘human rights' given in the Protection of Human
Rights Act, 1993 in the context of the relationship between municipal law and international law in
India.
10. Comment on the judgment of the International Court of Justice in the Anglo-Norwegian Fisheries
Case, 1951 about the justification for the adoption of straight baseline system by Norway for
measuring the territorial sea.
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Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./IVSem./2016-17/E.T./CPC

Time - 03 Hours Max-Marks :- 70

April-2017
Civil Procedure Code
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. (a) What do you mean by admission, return and rejection of a plaint?
(b) Decide the following with appropriate justification, whether there shall be
admission or return or rejection of plaint by the Court.
i. if the plaint does not disclose the cause of action.
ii. if a plaint is not presented in duplicate.
iii. if a plaint has been presented in the civil court which does not have the
jurisdiction with regards to the subject matter.
iv. if a plaint has been presented in the court in which only two relief are
claimed instead of four claims.
v. if a plaint has been presented in the civil court which is insufficiently
stamped.
2. Discuss the principles governing grant of ex parte injunction with the help of decided
case laws. What will be the consequences if,
(a) an injunction is obtained on insufficient grounds by the applicant.
(b) there is breach of an injunction order by the opposite party.
3. Discuss the doctrine of Constructive res-judicata in the light of State of Uttar Pradesh
v. Nawab Hussain, AIR 1977 SC 1680
4. What is Ex Parte Decree? Discuss the remedies available in the Code of Civil
Procedure against Ex parte decree with the help of recent case laws.
5. Describe the various provisions related with procedure in Execution. When can the
executing court grant the order of stay of execution of decree?
6. What do you mean by First Appeal and Second Appeal? Discuss the powers of the
appellate court provided under the Code of Civil Procedure.
(SECTION – B) (02X05)
Write short notes on any two of the following:-
7. Write in short, the importance of section 80 C.P.C
8. Write a short note on caveat.
9. What is the importance of First Hearing of the civil suit?
10. When can the court grant extension of prescribed period of preferring any appeal or
making any application?

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Enrollment No. ……………………. DR. RMLNLU, LKO B.A. LL.B./IVSem./2016-17/ET/Const. L.-II
Time - 03 Hours Max-Marks :- 70
April - 2017
Constitutional Law-II
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
1. It is said that the Constitution of India is Federal, Quasi Federal or Unitary in nature.
Provide detailed support to the view you prefer.
2. Discuss in detail the circumstances under which Parliament may pass law on the State
subjects in List II, Seventh Schedule to the Constitution of India.
3. Critically analyze Article 368 of the Constitution of India and discuss the approach of
judiciary towards constituent power by citing case law.
4. Write a note on power of the President of India with special reference to Pardoning
Power. Also clarify whether President’s Pardoning Power is subject to judicial review or
not.
5. What do you understand by the expression “Parliamentary Privileges”? Explain the
nature and kind of privileges that are available with the help of case law.
6. “The National Judicial Appointments Commission (NJAC) is not a credible alternative to
the Supreme Court’s ‘collegium”. Do you agree with the statement? Give reasons for
your answer and write a brief comment on the journey of law relating to appointment of
judges under Article 124(2) of the Constitution of India.
(SECTION – B) (02X05)
Write short notes on any two of the following:
7. Doctrine of Pith and Substance.
8. Write a short note on Basic Structure.
9. Independence of judiciary in India
10. Note on the Ordinance Making Power of the President.

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Enrollment No. ………………………… DR. RMLNLU, LKO B.A. LL.B/IVSem./2016-17/ET/Fam. L.-II
Time - 03 Hours Max-Marks :- 70
April - 2017
Family Law-II
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
1. Explain the formalities of Effecting a valid Hiba under Muslim Law? Distinguish it from
Ariayat and Mushaa.
a) H makes a gift deed to his minor wife, W. The gift was accepted by Ws mother on her
behalf and in whose house H and W were residing. Both the father and grandfather
of W are dead. The gift is challenged by H heirs as void. Decide.
2. Explain Partition under Mitakshara coparcenary? Who are entitled to receive share at time
of partition. Who has the power to re-open the partition? Can a declaration of partition
and its severance takes place through the medium of Will. Discuss with the help of
decided cases.
3. ‘The extinction of coparcenary does not effect the existence of joint family’. Comment.
Examine whether following constitute a Joint family?
a) Husband and wife and
b) Unmarried brothers and sisters
c) Two widows
4. a) Discuss the powers of Karta to alienate joint family property
b) Discuss the validity of following alienation
1. Karta aged 45 yrs sold some portion of anceastral property to perform his own
second marriage,
2. A house of the joint family is sold to meet the expenses of appeal to defend one
of the coparceners, convicted by the lower court of raping and killing a minor
girl.
3. A 10 acre land sold for the marriage of Karta’s 16 year old daughter.
4. Karta borrows a 1 lakh loan on joint family property to renovate the ancestral
house, for running it as a lodging house. Karta dies. The bank seeks to enforce
the mortgage. Is mortgage binding on other coparceners?
5. A karta sold of family jewels for meeting of day to day expenses.
5. Decide the shares
a) A Hindu male dies as a member of undivided coparcenary and is survived by father
two brothers, mother, two living sons S1 and S2, one living Daughter D1, a son of a
predeceased daughter DS1, a daughter of a predeceased son SD1 and his wife SW. SI
is being charged for the murder of his brother S3(predeceased son).
b) Sujata a Hindu Female is a member of Undivided Coparcenary with her father, two
brothers and a sister. She has an illegitimate son S1and two legitimate sons S2, S3 and
a daughter D1. Her illegitimate son is married to W1 and has one daughter SD2. On
the fateful night of 26 February 2017 both her son S1 and she died simultaneously in a
car accident.
P.T.O.

1
6. Allot the Shares
a) W a Sunni female contracts a Muta Marriage with H a Sunni male for 3 years. They
have one son and one daughter. After that she marries H2 and had 3 daughters. She
died in March 2017 and is also survived by her mother and 2 full sister. Will your
answer change if it’s a male intestate instead of a female?
b) X, a Sunni Muslim married W1 in 1990. W1 ran away with another Man C and
started living with Him. X after a year of being in depression married W1 s younger
sister W2 with whom he had Two sons and One daughter. He died intestate in 2017.
He is also survived by mother three married sisters and a predeceased full brother son.
(SECTION – B) (02X05)
Write short notes on any two of the following:
7. Distinguish
a) Obstructed and unobstructed Heritage.
b) Reopening of partition and reunion.
8. Elaborate the powers and duties of a Karta of a Joint Family?
9. X, a Hindu living in Lucknow owned following properties. Determine this nature?
1. The property which was purchased by X in his name , out of his earnings made in
course of his pursuing medical profession. The family incurred all the expenses
for his formal education.
2. Share certificates worth Rs. 5 lacs purchased in his name out of huf funds
3. A share received by him on partition
4. A property gifted to him by his father
10. Discuss the concept of ratable abatement of will under Muslim Law
a) A Sunni Muslim executed one will under which he gave Rs. 45,000 to his wife and
another Rs. 20,00 to his friend X. his net asset on his death is one lakh and fifty
thousand. How will the bequest operate?

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2
Enrollment No. ………………….. DR. RMLNLU, LKO B.A.LL.B./IV Sem./2016-17/ET/.IPC-I.
Time - 03 Hours Max-Marks :- 70
April - 2017
Indian Penal Code-I
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. X, Y and Z agreed to rob the owner of a jewellery showroom. The plan was that just
before the closing time of the shop, at around 8 pm, when there will be only the owner
and his servant, X and Y would enter the shop and while X would be holding the
owner and the servant with a gun, Y would empty the showcases and cashbox. Z was
to keep his bike engine in running mode outside the showroom, to help all of them
flee in no time. “What happens if the owner or the servant shout for help or put up a
fight?”, Y and Z asked X. “I may have to use the gun then” replied X. “Avoid
killing” said Y while Z kept silent.
On the appointed date and time, X and Y entered the jewellery shop and found the
owner sitting on the counter. X, held him on gun point and Y emptied the showcases
and cashbox. However, before they could leave, the servant came to the shop and
realised the situation. In fact the servant had gone to the washroom, situated at the
rear of the jewellery showroom. The servant shouted for help and pounced on Y. X,
fired at the servant, instantly killing him. X also hit the owner of the showroom with
the butt of the gun and without taking any money or jewellery, X and Y came out and
fled on Z’s motor bike.
Discuss the liability of all the three X, Y and Z. Take help of statutory and case law.
2. Mere act of a person does not make him criminally liable unless his mind was also
guilty. Elucidate the importance of the guilty mind as a constituting element of crime
with the help of illustrative English and Indian cases.
3. An insane person or a person of unsound mind does not incur any criminal liability as
he does not understand the nature of his act or that the act is wrong. Explain the law
of insanity with the help of Indian and English case law.
4. A, B, C, D, E, and F met at a place and planned to put Z’s house on fire and thereby
kill Z and his daughter M who were all alone. A, B and C had kerosene cans in their
possession while D had a matchbox. E had a knife in his possession. F had a lock and
a key. F locked the main entrance of Z’s house from outside, A, B and C poured
kerosene in Z’s compound, and D set the house on fire by lighting the matchbox stick.
Before fire could reach M’s and Z’s rooms, both M and Z came out of the house
running and jumped the boundary wall successfully. As they tried to run away, E
caught hold of Z and stabbed him several times. Z died as a consequence. Soon
afterwards, A, B, C, D and E ran away in different directions while M was dragged
away by F who committed rape on her. All the six men are prosecuted together for
the offence of mischief, murder and rape. Are all of them equally liable for all the
offences?
Discuss their liability with the help of statutory and case law.
5. What offence, if any, has been committed by “A” the accused in following
circumstances. Give reasons for your opinion as well.
P.T.O.
 (a) X, Y and Z hatch a plan to assassinate B. Later on, A also joined the group of
assasins. However, before the execution of the assassination plan, all the members
of the group are apprehended by the police.
(b) A runs towards the well to commit suicide. However, she was caught just before
she was about to jump in the well.
(c) A obtains admit card of M.A. Ist year exam making a false representation that he
had passed B.A. examination, the minimum qualification for taking up M.A. Ist
year exam. However, before he could write the M.A. Ist year exam, the mistake
was detected.
6. “It is not possible to lay down any cut and dried formula relating to imposition of
sentence but the object of sentencing should be to see that the crime does not go
unpunished and the victim of crime as also the society has the satisfaction that justice
has been done. In imposing sentence, in absence of specific legislation, judges must
consider a variety of factors and after considering all those factors and taking an
overall view of the situation, impose sentence which they consider to be an
appropriate one”.
In the light of the above statement, discuss the various modes of punishment provided
in the IPC with the help of decided cases. Give your views on imposition of death
penalty.
(SECTION – B) (02X05)
Write short notes on any two of the following:
7. A, an adult man of 36 years, gives poison to B, a child of 6 years and asks him to mix
it in D’s milk. B forgets to do as asked by A. What offence, if any, is committed by
A? Give a brief explanation.
8. Write a brief note on Paul Tappan’s definition of crime.
9. What are the major aspects of the principle of minimal criminalization?
10. X, a male Indian national and resident of Lucknow, married a British girl Y in
England and they went on a honeymoon in Brussels. X, killed Y in the hotel room and
fled to India. The Brussels police alerted the police in Lucknow, an FIR was lodged in
Lucknow in connection with the murder of Y and X was arrested. X argued that the
IPC cannot be applied in this case as the murder had taken place abroad and the
victim was a British subject. Decide the correctness of the argument.

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