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[This question paper contains 4 printed pages.

2070 Your Roll No.

LL.B. I I Term D

Paper LB-101 : ELEMENTS OF INDIAN


LEGAL SYSTEM

Time : 3 Hours Maximum Marks : I 00

(TYrite your Roll No. on the top immediately


on receipt of this question paper.)

Note :- Answers may be written either in English or in Hindi;


but the same medium should be used throughout the
paper.

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if - - ; ~ ~ 0rJ&. CfiT 7flE-<Pf % Eft iRf ~ I

Attempt any Five questions.


All questions carry equal marks.

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~ m ct Jfcn ?flfR" -g· 1

1. Discuss the triology of command, duty and sanction


implicit in Austin's conception of law. How far it is
applicable in modern welfare concept of state ?
P.T.O.
r

2070 2

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2. It is difficult to give the concept of 'Rule of Law' a


universally acceptable ideological content, which would
also be true for all times. Comment and formulate the
content of Rule of Law for contemporary India which
would be suitable for in social, cultural and political in
lieu.

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3. "Justice to poor at the door-step is the dream of


common man." Discuss it in the light of establishment
& powers exercised by Gram Nyayalayas and Lok
Adalats.

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4. "A precedent is a judicial decision which contains in


itself a principle. The underlying principle which forms
2070 3
its authoritative element is often termed as Ratio
decidendi." Comment and discuss the role of precedent
as a source of law.

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\[Cfi ft'tq1JTt ~ I

5. Bring out the Jurisdiction of the Supreme Court of


>. Calcutta established in 1774. To what extent, the
extended of the court created problems for the than
company's government.

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6. The Judicial Plan introduced by Lord Cornwallis


envisaged a divorce/division of Revenue and Judicial
functions and their resting in distinct functionaries.
Elucidate.

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P.T.O.

r
2070 4

7. Parliament in 1961, enacted the Advocate's Act to


amend and consolidate the law relating to legal
practitioners. Trace historically the causes and
conditions which necessitated this law.

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8. Attempt any two of the following :


(a) Salient features of charter of 1726
J
(b) Writ jurisdiction of High Court under the Act of
1861

(c) Essentials of a valid custom

(d) Difference between civil law system and common


law system

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(3400)
. ·1 his question paper contains 8 printed pages]

Your Ruff No . .............. ..

2071

LL.B./I Term 0

Paper LB-102-PRINCIPLES OF CONTRACT

Time : 3 Hours Maximum Marks : I 00

(Write your. Roll No. on the top immediate~!' on receipt of tht~~ qu~slion paper.)

Note : - Answers may be written either in Englisb Q~ in J:l\ndi;

but the same medium . should be used throughout the

paper.
·I

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'llJlSIT it ~; ~ ~~ ·~ itt' irr~·· ~
m~~~
• -.! .,. . 'i

Answer any five questions.


p··.- .. ; f v ~-~ ••. I • ·.,.·· f~.r-
All questions carry equal mark's. Give reasons

for your answer, ~eferring


r-; • '•
to ! appropriate ~ . ~ ~. .
.,

statutory provisions and judicial pronouncements.

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( t:·H! ~"L... !_;·uj !.~· •. · /';(if",·< -~~, t ( ;./l ,1

P.T.O.
2 2071

L At1empt briefly any 11ro of the following

(a) Rule of privity of contract

(b) Standing offer.

(c) Write short note on Carlill Vs. Carbolic Smoke Ball Co.

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(b) ~ ~Jq'1J

(c) Cfllf<.'fc.1 GAJ1:f CfllailfC'!Cfl ~ ~ ~ 1R

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2. Differentiate between "offer and invitation to offer".

Abhay, a police officer, walks into an electronics shop to buy

a TV, which was displayed on a glass window of the shop,

with price tag of Rs. 53,000 attached to it. Inside the shop,

he talks to the salesboy and understands the features of the


3 2071

TV. However. after sometime the shop owner refuses to sell

the TV citing the reasons that he has kept it reserved for

his wife. Discuss whether Abhay can compel the shopowner

to sell him the TV support your answer with relevant

provisions and case laws.

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P.T.O.
4 2071

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3. Reflect upon the nature of an agreement with a party

incompetent to enter into contract. Explain whether rule of

estoppel, ratification and restitution can be applied against

f'
minor with special reference to Mohribibee Vs. Dhannodas
·~·:":1 r'

. R ''\, Ghosh (1903) 30 I.A. 114 .


'. '

~ I
5 2Q71

4. Ramesh. a God fearing man. promised to ·y .R.Y' -Youth Relief

& You. charitable organization, donation of Rs. I lakh. On

faith of this donation 'Y.R.Y' procures wooden beds for the

resident Youths.· Later Ramesh does not donate the promised

amount even after repeated remainders. Discuss whether

Y.R.Y can make Ramesh liable for non-payment of donation?

Also explain the exceptions to the rule "An agreement without

consideration in void".

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P.T.O.
6 :2071

5. ··Impossibility of performance leads to discharge of contracr·.

Examine the above statement with reference to ·statutory

provisions and case laws bringing out the well established

grounds of impossibility.

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6. 'A' a vegetable vendor delivers his only weighing machine

(scale) to 'B' a factory owner for correcting the error in t1

scale. As a result 'A' was not able to sell his vegetables

for the days he was without the scale. There was delay of

four weeks in delivering the weighing machine by 'B' because

of marriage of his very close friend. 'A' claims damages for

the loss of sale and profit thereof which the . would have

earned in 4 weeks. Discuss the law relating to the breach

of contract and compensation under the Indian Contract Act.


7 207i

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Explain the essential elements of 'undue influence' and discuss

how the court should proceed in a case when there is

allegation of 'undue influence' in a contract. Also reflect

upon the presumption of undue influence in case of

unconscionable bargain.

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P.T.O.
8 2071

8. Write sh011 notes on any two of the following

((I) Distinguish between void agreements and void

contracts

(b) State of West Bengal Vs. B.K. Monda! & Sons AIR

1962 sc 779

(c) Modes 'for revqcation of offer.

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(b) m 3lftn cfR ~ GRTlJ Gft. ~. ~ ~


~ ~· a:m. am. 1962 ~· . m. 779

(c) ~IY11 ~ SIRiBE;{UJ qft 11.&fu

2071. ' 8 3,400


This question paper contains 8+2 printed pages]

Your Roll No . ..................................... .

2072

LL.B./I Term D

Paper LB-1 03-LAW OF TORTS

Time : 3 Hours Maximum Marks : l 00

(Write your Roll No. on the top immediately on receipt of this question paper.)

Note:- Answers may be written either in English or in Hindi;

but the same medium should be used throughout the

paper.

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it ~; ~ "ffm ~ CfiT llf~ ~ -m m


~I

Answer any Five questions.

All questions carry equal marks.

~~~~~~

-mit m ~ aiCf; "WlR %1


P.T.O.
( 2 ) 2072

. I. ··Although the decision of the Supreme Court in Kasturi Lal Ralia

Ram Jain Vs. State of Uttar Pradesh has not been overruled as

such, but the subsequent decisions of the Apex Court have

greatly undermined its authority and diminished the sphere of

sovereign immunity in India." Elucidate, tracing the development

of the law relating to vicarious liability of the State for the torts

committed by its servants.

Will the state be vicariously liable for providing compensation,

if a police official rapes a woman in police custody ? -

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'llmi

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~~~~I

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lJfuf.IT'tlCfl ~ ~ ?
.( 3 ) 2072

2. Jatin, a five-year old child, was seriously injured in an accident

caused due to rash and negligent driving by the driver of his

school bus. Jatin was taken to a nearby hospital and his mother

was informed about the accident over phone. Jatin's mother

rushed to the hospital, where she saw a badly injured Jatin. As

a result of what she saw, Jatin 's mother suffered nervous shock.

Tracing the development of the law relating to nervous shock,

discuss the liability of the driver and the school authorities for

the nervous· shock caused to Jatin 's mother.

P.T.O.
( 4 ) 2072

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3. SF Industries, a pesticide manufacturing company, had a

huge underground tank in which Methyl Isocyanate, a highly

toxic gas, was stored. A severe earthquake led to a rupture in

the tank and leakage of the toxic gas. Hundreds of

people were killed and injured as a result of the exposure to

the gas. Will SF Industries be liable to pay compensation under

the rule laid down in Rylands Vs Fletcher ? Will your answer

be different if the principle evolved by the Supreme Court of

India in M.C. Mehta Vs Union of India (A.I.R. 1987 S.C. I 086)

is applied to the case ? What is the measure of compensation

payable in such cases ?


(5 ) 2072

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1987 ~.m. 1086) it fc:t<=:tXBa ~ "ffi1L fcn7:rr 'lfTdT

4. (a) Mohit does not have good relations with his father-in-

law. Mohit writes a letter to his wife stating that "your

father is a corrupt and characterless man." Mohit's state-.

ment is false. Can he be held liable for defamation ?

P.T.O.
(6 ) 2072

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(b) Explain the tests for detennining remoteness of damage

with the help of landmark cases .

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arqmfuf m -cF ~ 'ltt&lult cn1 ~ ~ 1

5. Distinguish between injuria sine damno and damnum sine injuria

with the help .of decided cases.

Ramesh suffered massive monetary losses due to his unauthor-

ised factory, located in a residential colony, being selectively

sea_led in compliance with a re~olution passed by his political

rivals. Drawing a distinction between malice in law and malice

in fact, examine whether tortious liability arises in this case.


(7 ) 2072

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6. Zafar underwent a surgery for removal of stones in his kidney.

The surgery was performed by Dr. Am it, a renowned surgeon,

at a leading private hospital. During the surgery, Dr. Amit left

a piece of gauze in Zafar's abdominal cavity due to

which peritonitis developed and second surgery had to be

performed on Zafar for removal of the gauze. Zafar wants to

sue Dr. Amit and the hospital for negligence. Decid~ their

liability citing landmark Supreme Court Judgements on medical

negligence. Also discuss the jurisdiction of Consumer Courts

to try Zafar's case.


J

(8) 2072

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7. (a) The maxim is 'Valenti non fit mjuria'. It is not

'Scienti non fit injuria' ? Explain with the help of

illustrative cases.

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non fit injuria' ~ t" I ~ ~ "Cfl1 ~

it~~ I
( 9 ) 2072

(h) Rima jumps into a well in order to commit suicide. Rajat.

a passer by. jumps into the well after Rima. in order to

save her. In saving Rima against her will, Rajat sustains

injuries. Can he sue Rima for compensation ?

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~ I fr:rr ~ ~ * fu"Q: ~ '1f2Ffi ~ ~

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8. Write short notes on any two of the following :

(a) Statutory authority as a defence to tortious liability

(b) Distinction between tort and crime

(c) The concept of 'duty of care' as enunciated by Lord Atkin

in Donoghue Vs Stevenson.

P.T.O.
( l0 )

(c) Donoghue ~ Stevenson ·if <?ITi


.
Atkin &m <:f21T

2072 . 10 3,400

'----------- ---
[This question paper contains 12 printed pages.]

2073 Your Roll No.

LL.B. I I Term D

Paper LB-104 - CRIMINAL LAW - I (NC)

(Specific Crimes)

Time : 3 Hours Maximum Marks : 100

(Write your Roll No. on the top immediately


on receipt of this question paper.)

Note :- Answers may be written either in English or in Hindi;


but the same medium should he used throughout the
paper.

ftrrrrlit: - ~ Iffrf- ra ~ 'JrT( ~ GfT w.=cft fiti-m ~ ~


~- ~; ~ mff 0rJir' ~ 7flt7:/7f ~ 'ift iFfr ~I

Answer any five questions.


All questions carry equal marks.
Fc!Mft' ~ ffl. cfJ 'JrT( ~I

~ ffl' cfJ 3i<tl ~ 'ff' I

1. Write short notes on any two of the followings :

(a) Explain and illustrate distinction amongst 'motive',


'intention' and 'knowledge'.

(b) Distinction amongst the offences of 'theft',


'extortion' and 'robbery'.
P.T.O.

- . -· - · - ~--·---- ~··r
2073 2

(c) Bring out the essential ingredients of the offence


of 'dowry death' under the IPC.

(ll) ~GUS~ cfi ~ "~ ~~~ cfi ~ m=Cf

~I

2. Critically explain the test laid down by the Supreme


Court in Virsa Singh v. State of Punjab AIR 1958
. SC 465 for invoking the charge of murder
under section 300(3) read with section 302 IPC.
Comment on principles in Kapur Singh v. State of
Pepsu AIR 1956 SC 654 and of Virsa Singh the latter
case.

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~~ ~"{{ ( ~' <liT amfll ~~ ~ cfi" ~ J -..'tj d Jj

..llllllt"tll 6RT fcmrr ffl5 ~ "'i\ifTGf "U\jiT AIR 1958 SC


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~ fu5 ~ ~ "Uii'lJ AIR 1956 SC 654 ~ q!i'tlldqctf


f<mrr ffl5 cfi" <:TN ~· ~ l"f<l Ri<6h1l ~ fV:q-uTt ~ I
2073 3

3. (a) Bring out clearly the distinction in the degree of


rashness required under section 304A IPC and
that under section 304 part II, IPC for conviction
of offenders with the help of decided cases and
illustrations.

(b) The Supreme Court in E.K. Chandrasenan v.


State of Kerala (1995) 2 SCC 99 is critical of the
approach of the sessions court and the high court
in not appreciating the degree of culpability of the
accused and convicting them only under sections
328 and 326 IPC respectively. Examine the
approach of the Supreme Court in the above
decision and what were the reasons that stood in
the way of the Supreme Court in not convicting
the main accused under section 302 IPC ? Bring
out clearly the essential ingredients of section 326
of IPC.

(en) ~ ~ ~ <tt um 304A 3ffi 304 cfi ~ II cfi


~ ~ <tt ~t:lRtf.il cf; ~ ~ 3diC(;)q'1 <tt
~~cit f.:ruTitf ~ <tf ~it~~ I

('~) ~ '"'41lll(1ll ~~o cfio il~fl'1'1 ~ ~~ (1995)2

sec 99 cfi ~ ~ ~ ~lll1<1ll affi ~ ~llll<-~ll &m

P.T.O.
2073 4

cit ~ ~ ~ ctT um 328 cr 326 cfi ~ ~


coR <fi i~chlOI ctl ~ ctl -g I ~ rl:lllliMll <fi
~ erR ~ i~ Chl oI CfiT WafOT ~ Jih: "3";f" CfiRUIT
cit ~ \ilT ~ rl:lllliMll 6Rf ~ cit ~ ~
~ ctT um 302 cfi ~ ~ CfiR ~ ~ ftrg ~ 1

um 326 cfi ~~cit~··~ 1

4. (a) Bring out clearly the distinction between the


requirements of the partial defence contained in
Exception I and IV to section 300 IPC with the
help of decided cases and also the similarity in
some of the essentials, if any, of two exceptions.

(b) Explain with the help of decided cases the legal


fiction of 'reasonable man' for determining the
'grave' and 'sudden' provocation and the concept
of 'cooling down period' for reducing the
criminality of an accused for murder to culpable
homicide not amounting to murder under Exception
I to section 300 IPC.

(en) ~ ~ ~ ctT um 300 cfi ~ I 3ih: IV ctT


311Ci!lllCflcllaiT cf; ~ ~ ~ f.:rUifu ~ ctT ~ ~

~~Jih:~~~~cf;~~~

m~mir,~1
2073 5

((<f) ~ ~ ~ cfit urn 300 <t ~ ~ ~ ~ <t


~ cfit ~ en) ~ ~ ~ +!RCf cru

~ill ~ -.:rm t ~ ~ <t ~ "w4<h:t'i'IC1 -~" cfit


~ ~. ~ !lRf "~ aitt 3f<1RCfi ~~~ -am
'' ~ ~ CfiT ~ cfit qRet; (XI "11 CfiT f.'ruRuT f<t<u liffiiT

t_ CfiT f.:rdifu" ~ cfit ~ ~ f!J!Sll 'i\~ I

5. (a) Clearly bring out ·the salient features of the


Criminal Law (Amendment) Act, 2013 bringing in
changes in rape law and introducing some new
offences in the IPC in the category of offences
against women.

(b) You are required to decide the criminality of


Tukaram and Ganpat under Law as amended under
the Criminal Law (Amendment) Act, 2013 in the
following facts and circumstances :

Mathura, an unmarried girl about 18 years of age


was called to police station by the above named
policemen in respect of her role in a kidnapping
case. After she came out of the police station she
complained that the above two accused confined
her in one room and Ganpat undressed her and
before having penile penetration in her vagina he
inserted two of his fingers in her vagina. It was

P.T.O.
2073 6
at that time that she was able to run away from
the room by forcefully pushing both of them on
one side. She stated that she could thus save
herself from being forced to penile sexual
intercourse against her will and without her
consent. She also stated in her statement to the
police that when Ganpat had overpowered her,
Tukaram was also undressing himself with intent
to have forced penile sexual intercourse with her.
Decide.

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2073 7

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6. (a) Bring out clearly the distinction and similarities,


if any, between the offences of 'criminal
misappropriation' and 'criminal breach of trust'.

(b) Shyam was interested to take care of the fruits on


Apple tree till they were ripe when the farmer
owner would sell them to processing units for
manufacture of apple juice. Shyam cut the fruits
and disposed them of using the proceeds to set up
his own business with intent to return the proceeds
to the farmer owner after he settled down in his
business. Discuss with the help of legal provisions
and decided cases, what offence, if any, has been
committed by Shyam under the IPC.

P.T.O.
2073 8
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7. (a) Bring out clearly the distinction between kidnapping
and abduction under the IPC.

(b) Rakhi, a female, aged about 15 years, and Raj, a


male, aged about 15 years, were good friends in
the school. One day Rakhi proposed to marry Raj
but Raj did not heed because he was afraid of his
step mother who would ill-treat him. Rakhi visited
Raj's home in his absence and came to know from
the servants that he was being ill-treated by his
step- mother and his father could do nothing as he
2073 9

was forced by his·parents to remarry after he had


lost his first wife i.e. Raj's mother. Rakhi went
home and told her mother about this whole story
and sought her help in arranging for permanent
stay of Raj in their out house where he could
concentrate on his studies. Rakhi' s mother
expressed no objection should Raj agree to this
arrangement. Rakhi gave this offer to Raj and
told him that only after he settled down in his life
that she would again propose marriage with him.

Raj thought over the matter and finally decided to


shift to the outhouse offered to him by Rakhi
without discussing with his father anything about
this matter. When Raj did not return home his
father filed an FIR alleging that his son has been
kidnapped by Rakhi and his mother. Decide if
Rakhi can be held guilty of kidnapping Raj with
the help of judicial decisions and decided cases.

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P.T.O.
2073 10
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2073 11
8. (a) Najam represented to Kardam that he was a big
estate-holder owning innumerable properties which
representations were not true. Kardam, believing
the representation of Najam to be true, agreed to
purchase an estate from Najam of which Najam
"was not the owner, for a consideration which
eventually he paid after documents were executed
between him and Najam. Later on, Kardam came
to know that Najam had no title in the said
property. Kardam wants to proceed against Najam
under the IPC and seeks your advice as to what
offence, if any, has been committed by Najam.

You are required to advise Kardam on the issue


of criminal liability of Najam, if any, under IPC.

(b) A & B had business relations between them.


Money admittedly was due from A to B. B entered
into the room of A and demanded in excess of
dues. On refusal to pay more money B slapped A
and took all the money from the pocket of A.
Discuss the criminal liability of B under IPC.

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P.T.O.
2073 12
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(3400)
·1 hi~ question papt:r contains 8-.f-.-2 printed pagesj

l'our Roll No . ..................................... .

2074

LL.B./I Term D

Paper LB-105--FAMILY LAW-I

Time : 3 Hours Maximum Marks : I 00

(ll'rite your Roll ,\"o. on the top immediately on receipt of tins question paper.)

Note:- Answers may be written either in English or in Hindi;

but the same medium should be used throughout the

paper.

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if ~; ~ ~'1ft ~ q)[ 1lTV111 ~ m- ~

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Attempt any Five questions.

All questions carry equal marks.

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~~~aTcfl"WlR% I
P.T.O.
( 2 ) 207'-f

I. Discuss the validity of the following marriages under the Hindu

Marriage Act 1955 and also under Muslim law :

(a) H marries W who is his son's divorced wife.

· (b) H mames W who is his elder brother's pregnant

widow.

(c) H marnes W who is his paternal grand father's ·

brother's daughter's daughter.

(d) H marries W within one month of the death of W's first

husband.

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1'

( 3 ) 207-l

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2. Anuj, aged 20 years, was married to Manju, aged 17 years

in 2008, In 20 I 0, Anuj changed his religion to Islam and

gets married to a Muslim girl as per Muslim law. Manju

initiated prosecution proceedings against Anuj for the

offence of bigamy. Anuj pleaded he cannot be prosecuted for

bigamy as :

(i) his marriage to Manju was in violation of Prohibition of

Child Marriages Act, 2006

P.TO.
( 4 ) 2074

(ii) at the time of second marriage he was a Muslim which

permits bigamy. and

(iii) the second marriage was not solemnized as per Section

7 of the Hindu Marriage Act.

Decide with reference of statutory provisions and case law,

if any.

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( 5 ) ~074

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3. Amit married Sunita according to Hindu rites. They were intro-

duced to each other b:y a common friend. Amit visited Sunita's

house several times before marriage and was greeted with respect

and honour. A year later he discovered that Sunita had given

birth to a child before marriage as a result of an illicit relations

with her former boyfriend. The child was later given in adoption

to a family friend. Amit feels cheated. What legal remedies are

available to him ?

P.T.O.
( 6 ) :2074

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w-r~'t?

4. Explain the essentials for the remedy of 'restitution of conjugal

rights· and discuss :

(i) Whether gainful employment of the wife at a place

different from the place of residence of the husband

would amount to a reasonable excuse under Section 9 of


( 7 )

the Hindu Marriage Act for her to \\ithdra\\ from his

society ?

(ii) Would the second marriage of a Muslim husband be a

reasonable excuse for the first wife to withdraw from his

society ?

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P.T.O.
( 8 ) ::2074

5. (a) :vtanoj and Sarita married in ::2005. However, two years

later Manoj developed intimacy with Sudha and stat1ed

living with her. Sarita applied for judicial separation

which was granted in her favour. After one year Manoj


'

files a petition for divorce on the ground that since

the grant of decree of judicial separation one year

has passed and there has not been resumption of

cohabitation. He also pleaded that since he is planning

to marry Sudha with whom he is living, there is no point

in protecting a dead relationship with Sarita and he be

allowed divorce on ground of irretrievable breakdown of

marriage. Decide.
\ 9 ) 207-f

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(b) Rohit and Rita were living separately for two years owing

i to incompatibility of their temperament. They filed a


)
'
f
petition for divorce under Section 138 of the Hindu

Marriage Act, 1955. However, after six months Rita

P.T.O.
( l0 ) 2074

refu~ed to go to the court again with Rohit. Rohit prays

to the court that divorce be granted to him on the basis

of first petition. Decide.

I
~I
I

6. (a) Discuss the right of a person to take a child in adoption

under the Provisions of Hindu Adoption and Maintenance

Act, 1956 and also under the Juvenile Justice (Care and

Protection) Act, 2000.

------·- --- - - - - " - - -~------__!


( 11 ) :2074

.
~ ~-~ dR ~-~ 31f~, 1956

~.I

(b) Define natural guardian and discuss whether the mother

can act as the natural guardian of a legit! mate minor child

during the life time of father.

P.T.O.

·~-----~-~
( 12 )

7. (a) · Di~cuss the right of a divorced \1uslim women to claim

maintenance from her former husband as per the codified

and uncodified Muslim Law.

~I

(b) In a fit of extreme anger, Shoaib pronounced talaq thrice

to his wife. Later, he repented and wanted to resume

cohabitation with her. Give legal advice to Shoaib for

n:~uming lawful cohabitation with her.

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~~Cf))~~~ I
( 13 I 2074

8. Surendra and his wife Sheela were sta) ing in a joint famil)

consisting of Surendra·s parents and his two unmarried sisters.

Sheela was made to work throughout the day and was

constantly abused for bringing insufficient dowry. Unable to

bear the torture any more, she left the matrimonial home and

went to her natal home. When her parents visited Surendra's

house, they were also abused by him and turned out of the

house. After two years, Surendra files a petition for divorce

on the ground of Sheela's desertion under the Hindu Marriage

Act, 1955. Decide.

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P.T.O.
( 14 )

[
(

. "

2074 14 3,400 rl
-~~~-
[This question paper contains 8 printed pages.]

2075 Your Roll No.

LL.B. I I Term D

Paper IV CRIMINAL LAW- I (OC)

Time: 3 Hours Maximum Marks : 100

(Write your Roll No. on the top immediately


on receipt of this question paper.)

Note :- Answers may be written either in English or in Hindi;


but the same medium should be used throughout the
paper.

~:- ~ >rR- ~ cnr "JrR" afir.it <Tr ~ M ~ ~

~· ~ ~ ~ 3rlit. CfiT 7flt<i7f ~ Eft if.lr ~I

Attempt five questions and at


least one question from Part II.
All questions carry equal marks.

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~ II "# Cfi7f "# Cfi7f f!C1f >rR ~ I

~ ffl' ci Jicn WIFf .g· I

1. Attempt briefly any four of the following :

(a) Distinguish between intention and motive.

P.T.O.
2075 2
(b) Explain the maxim ignorantia facti excusat,
ignorantia juris non excusat.

(c) Relevance and justification of plea bargaining in


criminal trials.

(d) State the basic features of fair trial.

(e) Rights of an arrested person.

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3i1RI~k11 I

2. "The nature of mens rea that will be implied in a


statute creating an offence depends upon the object
of the Act and provisions thereof." Discuss with the
help of decided cases.
2075 3

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3. A's car hit B's scooter while taking a turn negligently.


An argument ensued between A and B. A slapped B.
B left the place immediately and came back after 10
minutes along with his 10 friends and hit A with lathis
and hockey sticks. A died on the spot. B pleaded
'right of private defence'. Will he succeed in availing
this defence? Give your answer citing relevant legal
provisions and case law.

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4. (a) 'A' dreamt that if he sacrifices his 5 year old son


then all his problems will end forever and he will
become a rich man. The next morning he took his

P.T.O.
2075 4

son to a jungle and sacrificed him by slitting his


throat. He then performed a victory dance and
afterwards went to his brother's house. Calling
his brother aside he told him what he has done.
Insanity was pleaded as a defence. Decide, citing
relevant grounds for your decision.

(b) 'D' got drunk at a party thrown by his friends. As


he was unable to drive he decided to go home by
bus. He boarded a bus and asked a passenger to
shift and make a seat for him. As the fellow
passenger refused to budge, 'D' whipped out his
pistol and fired a shot at him. He died immediately.
'D' pleaded drunkenness as a defence. Will he
succeed ? Substantiate your answer.

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2075 5

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cfit~~l

5. A group of 10 people assaulted 'P' who was a


diamond merchant. Two people stabbed him with
knife, one person hit him with a lathi and two ran
away with the diamonds. 'P' died in the hospital.
Eight people were arrested, chargesheeted and
prosecuted for the offence of murder U/S 302/149
IPC. Four out of eight were acquitted by the trial
court, giving them benefit of doubt and remaining four
were convicted U/S 302/149 IPC. They appealed to
the High Court and challenged their conviction, U/S
149 IPC. Decide with the help of decided cases.

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aitt it ~ tft ~ ~ lW 1 a ~ fm:tRrrc~ ~ 1 ~
mr "TliT aitt ~ ~ ~ ctt um 302/149 ~ ~

P.T.O.
2075 6

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f.'roffif crrciT ctt ~ "ij- RuF:1 ~ I

6. 'A' with an intention to kill 'B' loads his gun and


fixes a meeting with 'B' in a park. Is 'A' guilty of
criminal attempt in the following situations :-

(a) When 'B' arrives 'A' aims a shot at 'B', but the
trigger gets jammed.

(b) Mistaking a tree to 'B' 'A' fires at it.

(c) 'B' doesn't turn up for the meeting and 'A' sets
out on his bike in search of 'B' with his loaded
gun in his pocket.

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~ ~ awrofUcl:i ~ CfiT ~ t:

(or) ~~ cfi" ~ ;niT amrr ~ ar ;wRt ~ 1R ~ ~


;wRt ~~ mt ~ ~~ m~ %IT
~ CO\• •
t1
2075 7

PART II ('mlf II)

7. (a) 'A' made a complaint against her husband 'B' to


the police U/S 494 IPC, 498 IPC a non-cognisable
and cognisable offence respectively. The police
investigated and chargesheeted the same and the
Magistrate framed the charges accordingly. 'B'
approached the High Court for quashing of the
proceedings and charges against him. Will he
succeed ? Substantiate your answer with relevant
judicial decisions.

(b) Police control room received a telephonic message


reporting commission of murder and request for
coming immediately to the scene of crime. A police
officer with two constables rushed to the place
where they recorded detailed statement of the
complainant about the crime. This statement was
signed by the complainant and was treated as an
F .I.R. Can this statement be relied as an F .I.R. ?
Answer citing the relevant legal provisions.

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P.T.O.
~I

I
I
I

2075 8

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"3W~I

8. When can bail be taken in case of non-bailable


offences? On what grounds can court cancel the bail
already granted to an accused if subsequently an
application for cancellation of bail is filed before the
court ? Discuss with the help of the relevant legal
provisions and decided cases.

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~~t?

(600)