National Law School of Indian University (NLSIU) 2006 B.A L.L.B ADMISSION TEST – ., LL.B(HONS.) PROGRAMME - Question Paper

Facts: Ms. Anjana Devi is the owner of a plot of 10 acres of agricultural land situated in Bellarly district. Mr. Nageswara Rao started cultivating this land as Ms. Anjana Devi was not cultivating the land and she is working for a multinational company in Bangalore which involves frequently going abroad in connection with the business. Mr. Nageswara Rao has been cultivating the stated 10 acres of land since 1989. Now Ms. Anjana Devi has taken voluntary retirement and wants to sell the stated property.
(a) Ms. Anjana Devi cannot legally sell the property.
(b) Ms. Anjana Devi can sell the property as she is the owner.
(c) Ms. Anjana Devi has to sell the property to Mr. Nageswara Rao only.
(d) What Mr. Nageswara Rao has done is immoral.

97. Principle:The mandate of an arbitrator shall terminate if he withdraws from his office or the parties to the arbitration agree to the termination of his mandate.

Facts: Mr. Sanaullah and Mr. Abdul Khadir entered into a contract for the sale of Steel by Mr. Sanaullah to Mr. Abdul Khadir at the agreed price which was Rs. 50,000/- per ton. The volume agreed to be sold was 75 tons. In the contract they signed, there was an arbitration clause to refer any disputes arising out of the performance of this contract to a sole arbitrator. There was a dispute in the performance of the contract as there was a sharp raise of steel price. According to the contract they appointed Mr. Safiullah as the arbitrator. In the course of arbitration, both the parties were not happy with the way the arbitration proceedings were going on. Both the parties agreed to withdraw from the arbitration proceedings. Mr. Safiullah is aggrieved by this.
(a) Mr. Safiullah can go to the court against both the parties to the contract for continuing the arbitration.
(b) The mandate of the arbitrator is terminated and the arbitration has come to an end.
(c) It is not proper on the parties to terminate the proceedings in this way, as it has affected the rights of Mr. Safiullah.
(d) The parties having appointed Mr. Safiullah as the arbitrator, cannot agree to withdraw from the same, as it amounts to breach of contract.

98. Principle: Confession is an admission of the commission of the offence by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone, there can be conviction of the person confessing.

Facts: Mr. Joseph was murdered on 1.4.2006. In this connection, the Police have arrested five persons and charged them for the offence of committing murder. Out of the five, 1 Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate, he admitted that he had seen the 4 persons committing the murder, but he had not informed the Police about it.

Earning:   Approval pending.