University of Pune 2011-1st Sem L.LB General - Question Paper
Total No. of Questions : 10] [Total No. of Pages : 2
P553 [3937]-i0i
I-LL.B.
FAMILY LAW -1 (2003 Pattern)
Time : 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) Question No. 10 is Compulsory.
2) Attempt any 5 out of the remaining.
3) Figures to the right indicate full marks.
QI) Discuss concept and kinds of guardians under Hindu law. [16]
Q2) Enumerate provisions for solemnization of marriage under Special Marriage Act, 1954. [16]
Q3) Restitution of conjugal rights is only remains on paper and cant be effectively enforced. Comment. [16]
Q4) Discuss various grounds of divorce, under The Divorce Act 1869. [16]
Q5) Discuss various sources of Hindu Law. [16]
Q6) Write short notes on any two : [16]
a) Option of puberty.
b) Custom as source of law.
c) Consent theory of Divorce
d) Saptapadi.
Q7) What is Talaq? Explain Talaq ul sunnat. Talaq ul biddat, Ila and Zihar. [16]
Q8) What are the requisites of a valid Parsi Marriage under parsi marriage and Divorce Act, 1936? [16]
Q9) Paramount consideration has to be given to the welfare of child. Discuss this statement under Hindu Minority and Guardianship Act. [16]
a) Hina a Muslim girl is married during her minority. She wants to repudiate her marriage. Advice her.
b) Amit and Anita are husband and wife leading a happy married life. Amit while on business tour with his steno committed a solitary act of adultery. What are the remedies available to Anita to protect her matrimonial rights?
c) Mr. Kiran was appointed as a guardian for property of Divya, who is a lunatic by an order of the Court. Mr. Kiran transferred entire property of Divya in the name of his wife. What is the remedy available to Divya?
d) Usha an unmarried woman is employed and earning a salary of Rs. 75,000/-. She has two dependant sisters who are minor. Usha refuses to pay for their school fees. What is the remedy available to the sisters?
e) Sharmila, a hindu girl wants to marriy her maternal uncles son. Advice her.
I - LL.B LAW OF CONTRACT - I (2003 Pattern)
[Max. Marks : 100
Time: 3 Hours]
Instructions to the candidates :
1) All questions are compulsory.
2) Question No. 6 carries 20 Marks. All other questions carry 16 marks each. Q1) Define free consent. When the consent is said to caused by fraud.
OR
Define contingent contract. Explain the rules regarding the enforcement of these contract.
Q2) "Under the Indian contract Act there are certain relations resembling those created by contract" explain.
OR
"All agreements are not contract but All contracts are Agreements" explain. Q3) Discuss and explain the void and voidable agreements.
OR
What is breach of contract. Discuss briefly the Remedies for breach of contract.
Q4) Explain the Principles laid down in the following any two cases.
a) Balfour V. Balfour
b) Carlill V. Carbolic smoke ball company.
c) Lalman V. Gauri Dutt.
a) Novation.
b) Wagering Agreement.
c) Anticipatory Breach of Contract.
Q6) Write any two of the following with Reference to Specific Relief Act.
a) Injunction.
b) Person who may obtain the specific performance.
c) Rectification of the Instrument.
Total No. of Questions : 6] [Total No. of Pages :2
I - LL.B.
FAMILY LAW - II (Paper - 6) (Sem. - II) (2003 Pattern)
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are compulsory.
2) Figures to the right indicate full marks.
Q1) Discuss the different kinds of will. Explain the rules of execution of privileged will. [16]
OR
State the rules of succession incase Christian male dies intestate.
Q2) What is partition. Discuss in detail all the aspects of partition. [16]
OR
Explain the doctrine of Election in detail.
Q3) Discuss the rules of a Parsi female dying intestate. [16]
OR
Write a detail note on void bequest.
Q4) Discuss the will making power of a muslim under Muslim Law. [16]
OR
Trace the development of property rights of a Hindu female.
a) Conditional bequest.
b) Mutawali.
c) Disqualifications for inheritance under Hindu Law.
d) Kinds of Domicile.
e) Donatio Mortis Causa.
Q6) Answer any three giving reasons. [18]
a) Manorama, a Hindu female died leaving behind her a father, mother, and father-in-law and mother-in-law. Distribute her property.
b) A bequeaths Rs. 1,00,000 to P or Q. P dies after the date of will but before testator. Who will have the legacy? Why?
c) Harish a Hindu male-member of an undivided family died in 2010 leaving behind his two sons, one unmarried daughter and one married daughter. Distribute his property.
d) Abdul a Muslim male makes a gift of his undivided share in dwelling house to his friend Shahid but remains in possession of the same. What is the effect of the gift?
Total No. of Questions : 9] [Total No. of Pages :2
I - LL.B.
LAW OF TORTS AND CONSUMER PROTECTION ACT (Paper - 8) (Sem. - II) (2003 Pattern)
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) Question No.9 is compulsory. out of the remaining attempt any Five questions.
2) Figures to the right indicate full marks.
Q1) The real significance of legal damage is illustrated by two maxims, namely, injuria sine damno and damnum sine injuria. Comment.
[16]
Q2) Explain the liability of the 'State' for the tortious acts of its servants with the
help of recent cases. [16]
Q3) State and explain the various modes of discharge of torts. [16]
Q4) Examine the various remedies for tort. [16]
Q5) Define Nuisance. Distinguish between private and public nuisance. [16]
Q6) Discuss the tort of conversion. What are the different ways in which
conversation may be committed. [16]
Q7) Define Defamation. Distinguish between libel and slander. [16]
Q8) Define Negligence and explain its essentials with reference to leading cases.
[16]
P.T.O.
a) Definition of complaint and consumer.
b) Deficiency in Service.
c) The state consumer protection councils.
d) Jurisdiction of a consumer Disputes Redressal Commission (State Commission).
P472 [3937]-204
I-LL.B. (Sem. - II)
Paper - 9 : Professional Ethics, Accountancy for Lawyers and
Bar-Bench Relations (2003 New Pattern)
Time : 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are Compulsory.
2) Figures to the right indicate full marks.
QI) Trace the development of Legal Profession in India. [16]
OR
An Advocate is the officer of the court. Discuss with reference to duties of an advocate towards the court and duty to render legal Aid.
Q2) Examine the functions of the State Barcouncils and Bar Council of India under the Advocates Act, 1961. [18]
OR
Explain the provisions relating to Punishment of Advocates for misconduct and disciplinary powers of Bar Council of India under the Advocates Act, 1961.
Q3) Discuss any two of the following with reference to the Contempt of Courts Act, 1971 [18]
a) Types of contempt of Court.
b) Defences available in any proceedings for contempt of Court.
c) Punishment for Contempt of Court.
d) Non-application of the Contempt of Courts Act.
Q4) State the facts and decision of The Court on any two of the following cases :-
[18]
a) D.P. Chadha vs. P.N. Mishra
AIR 2001 S.C. 457.
b) Prem Surana vs. Additional Munsif and Judicial magistrate.
AIR 2002 S.C.2956
c) Bar Council of India
vs
High Court of Kerala @2004) 6 Scc.311
d) Radha Mohan Lal vs. Rajasthan High Court @2003) 3 SCC 427.
Q5) Enter the following transations in the Journal of Shri Karnik for the month of January 2011 [15]
| ||||||||||||||||||||
|
OR |
Define the term Book-Keeping. Discuss objectives, importance and utility of Book-keeping.
Q6) From the following details, prepare a Bank Reconciliation statement for Mr. Sonawane, as on 31st March, 2010. [15]
1. Debit Balance as per Cash Book as on 31st March, 2010 Rs.1,813.
2. Three cheques of Rs. 1,200, Rs. 515 and Rs. 419 issued before 31st March, 2010 but only cheque of Rs. 419 was remained to be presented for payment till 31st March, 2010.
3. Cheques of Rs. 13,788 were deposited into Bank but cheque of Rs. 10,000 were collected by the Bank till 31st March, 2010.
4. Following entries appear only in the pass book.
a) Dividend collected by the Bank Rs. 316.
b) Bank charges charged by the Bank Rs. 212.
c) Direct deposit by Debtor D Rs. 452.
d) Under standing instruction, electricity bill paid by the Bank Rs. 813.
OR
Explain the following :-
a) Types of Errors.
b) Classification of Accounts.
- 2 -
P472 [3937]-204
I-LL.B. (Sem. - II)
Practical Training - III Paper - 9 : Professional Ethics, Accountancy for Lawyers and
Bar-Bench Relations (2003 Old Pattern)
Time : 3 Hours] [Max. Marks : 80
Instructions to the candidates :
1) All questions are Compulsory.
2) Figures to the right indicate full marks.
3) Students who have taken admission before the Academic year 2005-2006 must answer this question paper
QI) Comment on any one of the following cases [10]
a) D. P. Chada
vs
P. N. Mishra A.I.R. 2001 S.C. 457.
b) Prem Surana vs Additional Munsif and Judicial magistrate A.I.R. 2002
S.C. 2956.
Q2) An Advocate is the officer of the court. Discuss with reference to duties of an Advocate towards the court and duty to render Legal Aid. [10]
OR
Explain the concept of Professional Ethics. What are the main principles of Professional Ethics?
Q3) Examine the functions of the State Bar Councils and Bar Council of India under the Advocates Act, 1961. [15]
OR
Examine the powers of the Disciplinary Committee under The Advocates Act, 1961.
Q4) Discuss any two of the following with reference to the contempt of Courts Act, 1971 :- [15]
a) Types of contempt.
b) Defences available to contemner.
c) Punishment for contempt of Court.
d) Non-Application of the Contempt of Courts Act.
Q5) Enter the following transactions in the Journal of Shri Kamik for the month of January, 2011 [15]
I. Karnik Commenced business with cash Rs. 25,000. Goods worth Rs. 15,000 and machinery Rs. 30,000.
3. Cash purchases Rs. 7,500.
5. Cash sales Rs. 4,000.
8. Purchased goods from A worth Rs. 9,000 less 10% trade discount.
12. Sold goods worth Rs. 12,000 less 5% Trade discount.
18. Purchased goods from S of Rs. 7,000.
20. Returned goods to S of Rs. 800.
24. Issued a cheque to S of Rs. 6,000 in full settlement.
28. Paid Telephone charges Rs. 2,200.
30. Paid local conveyance to manager Rs. 250.
OR
Define the term Book-keeping. Discuss objectives, importance and utility of Book-keeping.
Q6) Discuss any two of the following : [15]
a) Types of Errors.
b) Object, need and types of Cash Book.
c) Need, importance and reasons for preparing Bank Reconciliation Statement.
d) Subsidiary Books.
(Including laws for protection of wild life and other living creatures and animal welfare) (Paper - 11) (Sem. - III) (2003 Pattern)
[Max. Marks : 100
Time: 3 Hours]
Instructions to the candidates :
1) Question No.9 is compulsory. out of the remaining attempt any Five questions.
2) Question No. 9 carries 20 marks and all other questions carry 16 marks each.
Q1) Explain the nature, scope and need of Environmental law.
Q2) Explain the salient features of Stockholm Conference on Human Environment,
1972.
Q3) Explain the relation between Environment Protection and Public Interest Litigation.
Q4) Explain the provisions relating to protection of Wild Life under the Wild Life (protection) Act 1972.
Q5) What is called as Environment Impact Assessment-Explain?
Q6) Explain the important environmental issues involved in the development of The Tehri Dam Project.
Q7) Explain the Post independence policy on Environment.
Q8) Explain the provision relating to liability to pay compensation under the Public Liability Insurance Act, 1991.
i) Doctrine of Sustainable Development.
ii) Noise Pollution.
iii) Anti-Pollution Acts.
iv) Protection of wild life.
v) Environmental clearance.
vi) Convention on Climate Change 1992.
Total No. of Questions : 7] [Total No. of Pages :2
II - LL.B. (Sem. - III & IV)
HUMAN RIGHTS AND INTERNATIONAL LAW
(2003 Pattern)
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are compulsory.
2) Figures to the right indicate full marks.
Q1) Make a comparative analysis of the Civil and Political rights enumerated in the ICCPR with part III of the Indian Constitution. [15]
OR
Discuss the various provisions relating to the protection and advancement of the rights of minorities incorporated in the UN charter and other Human Rights instruments.
Q2) Examine the social and economic rights enumerated in International instruments and how far is it reflected in the Indian Constitution. [15]
OR
Discuss the composition, powers and functions of NHRC.
Q3) Write note on any two: [10]
a) Human rights of persons with disability.
b) Origin and development of human rights.
c) Legal significance of Universal declaration of Human Rights.
d) State Human Rights Commission.
Q4) Examine in detail the Practice of Indian state regarding the application of International Law in India. Substantiate your answer with appropriate judicial decisions. [15]
OR
What is the place of individuals in International law? Discuss various theories of subjects of International Law.
Q5) Discuss the steps involved in creation of treaties and mode of termination, suspension and invalidation of treaties. [15]
OR
Write a critical comment on International Court of Justice.
Q6) Discuss in detail various sources of International Law. [15]
OR
Discuss the main functions of the principal organs of the united Nations.
Q7) Write note on any three of the following: [15]
a) New trends regarding basis of obligation in International Law.
b) History of International Law.
c) Notions of Imputability.
d) Peaceful settlement of International disputes.
e) Membership of United Nations.
Total No. of Questions : 9] [Total No. of Pages : 2
P476 [3937]-304
II-LL.B. (Sem. - III)
Arbitration, Conciliation and Alternative Disputes Resolution
Systems
(Paper - 13) (2003 Pattern)
Time : 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) Question No. 9 (Nine) is Compulsory. Out of the remaining attempt any five questions.
2) Figures to the right indicate full marks.
QI) Examine the provisions relating to Appointment of Arbitrators and grounds for challenge to an Arbitrator under the Arbitration and Conciliation Act, 1996. [16]
Q2) State and explain the provisions relating to Conduct of Arbitral Proceedings under the Arbitration and Conciliation Act, 1996. [16]
Q3) Discuss the provisions relating to making Arbitral Award and Termination of Proceedings under the Arbitration and Conciliation Act, 1996. [16]
Q4) Examine the provisions relating to Conciliation of disputes arising out of legal relationship and role of conciliator under the Arbitration and Conciliation Act, 1996. [16]
Q5) Examine the Role of Lok Adalat for the settlement of disputes under the Legal Services Authorities Act, 1987. [16]
Q6) Discuss the Jurisdiction and Procedure of Family Courts under the Family Courts Act, 1984. [16]
Q7) Explain the provisions relating to Composition and jurisdiction of a Consumer Disputes Redressal Commission (State Commission) under the Consumer Protection Act, 1986. [16]
Q9) Write short notes on any two of the following : [20]
a) Panchayat System.
b) Mini Trial.
c) Arbitration agreement.
d) Finality and Enforcement of Arbitral Award.
Total No. of Questions : 9] [Total No. of Pages :2
II - LL.B.
PROPERTY LAW INCLUDING TRANSFER OF PROPERTY ACT AND EASEMENT ACT (Sem. - IV) (New) (2003 Pattern)
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) Question Nine is compulsory. Out of the remaining attempt any Five Questions.
2) Question Nine carries 20 marks & all other question carry sixteen marks each. Q1) Define the term Immovable property and explain the things which have been
judicially construed as included in immovable property. [16]
Q2) Explain the rule against perpetuity along with its exceptions (if any). [16]
Q3) Explain the doctrine of Lis-Pendens. [16]
Q4) What are the essentials of valid lease. Distinguish between lease and license. [16]
Q5) What are the rights and liabilities of seller and buyer before and after the completion of sale. [16]
Q6) Explain the rights and liabilities of a mortgagor and mortgage. [16]
Q7) Define the term gift and explain the essentials of valid gift. [16]
Q8) What is charge? How does it differ from mortgage?
[16]
Q9) Write notes on: [20]
a) Kinds of easements.
b) Extinction of easements.
c) Suspension and revival of easement.
d) Revocation of license.
II - LL.B.
LAW OF CONTRACT - II (Sem. - IV) (2003 Pattern)
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are compulsory.
2) Figures to the right indicate full marks.
Q1) Critically discuss various statutory rights and remedies available under the Sale of Goods Act 1930, with reference to their object, scope and judicial application. [18]
OR
Elucidate the concept of contract of sale. How does sale differ from agreement to sell? When does agreement to sell ripen in sale? Explain.
Q2) Explain the doctrine caveat emptor, with its exceptions. [16]
OR
'No one can transfer a better title than he himself possesses'. Explain the rule and the exceptions to it.
Q3) What is the mode of determining existence of partnership? Discuss with special reference to the ratio laid down in Cox vs. Hickman. [15]
OR
What is dissolution of partnership and how does it differ from winding up of a firm? State the circumstances in which the firm is automatically dissolved.
Q4) Write notes: [18]
a) Expulsion of a partner.
b) Effect of non-registration of a partnership firm.
c) Minor as a partner.
OR
Discuss the rule relating to the rights, duties and obligation of partners inter se.
Q5) State the nature and extent of suretys liability under a contract of guarantee.[15]
OR
What is continuing guarantee? When and how it is revoked?
Q6) Define bailment. What are the essential features of a bailment? How does it differ from Pledge? [18]
OR
Write notes:
a) Rights and duties of Bailee.
b) Rights and duties of Pawnor.
II - LL.B.
LAW OF INSURANCE (Sem. - IV) (2003 Pattern)
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are compulsory.
2) Figures to the right indicate full marks.
Q1) Explain the fundamental principles of Insurance. [20]
OR
Critically examine the concept of Insurable Interest.
Q2) Discuss any two of the following : [20]
i) Pure risks and speculative risks.
ii) Utmost good faith.
iii) Subrogation and contribution.
iv) Return of premium.
Q3) Explain the following with reference to the Public Liability Insurance Act, 1991: [15]
a) Application for claim for relief.
b) Power of search and seizure.
OR
Define the term Owner. State the provisions relating to liability to give relief in certain cases on principle of no fault under The Public Liability Insurance Act, 1991.
Q4) Discuss the various types of disablements and provisions relating to compensation payable under the personal injuries under Compensation Insurance Act, 1963. [15]
OR
State the provisions relating to composition of Authority under the Insurance Regulatory and Development Authority act,1999.
Q5) Enumerate the provisions relating to licensing of agents, commission and rebates under the insurance act 1938. [15]
OR
Enumerate the provision regarding the transfer of shares vested in corporation to the Central Government under the General Insurance Business (Nationalization) Act,1972.
Q6) Explain any two of the following with reference to The Motor Vehicles Act 1938. [15]
a) Necessity for insurance against third party risk.
b) Requirement of policies and limits of liability.
c) Compensation in case of hit and run motor accidents.
Total No. of Questions : 8] [Total No. of Pages :2
II - LL.B.
INTELLECTUAL PROPERTY LAWS (Sem. - IV) (2003 Pattern) (Opt. Paper (d))
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are compulsory.
2) Figures to the right indicate full marks.
A - The Patents Act, 1970
Q1) Explain - which inventions are patentable? What are the rights of inventor? [15]
OR
What amounts to infringement of patents? Discuss the remedies available in such cases.
Q2) Discuss the product patent and process patent in detail. [10]
OR
What are the limitations on the rights of patentee?
B - The Copyright Act 1957
Q3) Discuss the procedure for registration of copyright and its effects. [15]
OR
Discuss the offences and penalties under the Copyright Act, 1957.
Q4) Write notes on any two : [10]
a) Voluntary and compulsory relinquishment of copyright.
b) Author and first owner of copyright.
c) Meaning of infringement of copyright.
C - The TTade and Merchandise marks Act 1958/ The Trade Marks Act, 1999
Q5) Discuss in detail the procedure and duration of registration of trademarks. [15]
OR
Discuss various offences and penalties under the Trade Marks Act, 1999.
Q6) Explain the concept of deceptive similarity with the help of decided cases. [10]
OR
Discuss the rules relating to rectification and correction of register under the Trade Marks Act, 1999.
D - The Designs Act, 2000 and Others
Q7) Discuss in detail the purpose and objects of the Designs Act, 2000. [15]
OR
What is the procedure for registration of design? Discuss the provisions regarding term of design.
Q8) Discuss the other types of intellectual properties. [10]
OR
Explain the nature and characteristics of intellectual property.
Total No. of Questions : 6] [Total No. of Pages : 2
P482 [3937]-60i III-LL.B. (Sem. - VI)
Paper - 24 : Code of Criminal Procedure, Juvenile Justice (Care and Protection of Children) Act and Probation of Offenders Act
Time : 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are Compulsory.
2) Figures to the right indicate full marks.
QI) Distinguish between the following :-
a) Cognizable Offence and non-cognizable Offence. [5]
b) -summons case-and warrant case. [5]
c) Complaint and F.I.R. [6]
OR
State and explain the processes to compel appearance. [16]
Q2) Explain the provisions relating to Arrest of Persons under the Code of Criminal Procedure, 1973. [16]
OR
Discuss the following :-
a) Disputes as to Immovable Property. [8]
b) Public Nuisances. [8]
Q3) Examine the provisions relating to order for maintenance of wives, children and parents under the code of Criminal Procedure, 1973. [16]
OR
Explain the procedure of trial of warrant cases by Magistrale.
Q4) State the provisions relating to Bail and Bonds under the Code of Criminal procedure, 1973. [16]
OR
Discuss the provisions relating to Appeals and Revision under the Code of Criminal procedure, 1973.
Q5) Write short notes on any two of the following : [16]
a) Provisions as to Accused persons of unsound mind.
b) Limitation for taking cognizance of certain offences.
c) Execution of death sentences.
Q6) a) Discuss any two of the following with reference to the Juvenile Justice (Care and Protection of Children) Act. [10]
i) Juvenile Justice Board.
ii) Bail of Juvenile.
iii) Child Welfare Committee.
iv) Poster Care and After Care Organisation.
b) Examine the salient features of the Probation of Offenders Act, 1958. [10]
Total No. of Questions : 10] [Total No. of Pages : 2
III LL.B. (Sem. - VI)
Law of Taxation (Optional Paper - 28(b)) (New) (2003 Pattern)
Time : 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) Please read the instructions carefully before answering the questions.
2) Figures to the right indicates full marks.
SECTION!
Income Tax Act (Answer any four)
QI) Explain the meaning of previous year. What would be previous year for the new business started during the financial year? Explain with examples. [15]
Q2) How would you determine the residential status of an Individual? Explain. [15]
Q3) Income Tax Act give absolute exemption in respect of certain incomes. Discuss.
[15]
Q4) Define perquisites. Illustrate with examples the method of valuation of rent-free accommodation. [15]
Q5) Explain the provisions regarding set off, carry forward and set off of lossess under Income Tax Act. [15]
Q6) Write short notes on any three : [15]
a) Agricultural Income.
b) Advance payment of tax.
c) Best Judgement Assessment.
d) Appeals and Revision.
e) Deductions under the head Income from other sources.
SECTION-II Wealth Tax (Answer any one)
Q 7) Explain the provisions regarding Deemed Assets u/s 4 of the Wealth Tax Act. [15]
Q8) Discuss the provisions relating to liability to assessment in special cases.[15]
SECTION-III
Central Excise Act. 1944
Q9) Explain the provisions regarding scope and applicability of Cenvat. [15]
OR
Discuss provisions regarding different types of Excise duty.
QIO)What are the provisions for valuation of excisable goods for the purpose of charging of excise duty. [10]
OR
Which is Small Scale Industry (SSI) Unit for excise duty purpose? What are the concessions available to SSI. Discuss.
BANKING LAWS INCLUDING NEGOTIABLE INSTRUMENTS ACT (Sem. - VI) (2003 Pattern) (Optional Paper 28 (C))
Time: 3 Hours] [Max. Marks : 100
Instructions to the candidates :
1) All questions are compulsory.
2) Figures to the right indicate full marks.
SECTION - I
(Negotiable Instruments Act)
Q1) What are the liabilities and duties of the collecting banker under the Negotiable Instruments Act? [15]
OR
What are the provisions of the Negotiable Instruments Act regarding dishonour of cheques? What are the consequences of such dishonour of cheques.
Q2) Write short notes on any four : [20]
a) Instruments negotiable by custom or usage.
b) Bills in sets.
c) Notice of protest.
d) Presentment for acceptance Promissory note.
e) Instrument obtained by unlawful means.
f) Liability of an Agent.
SECTION - II
( Reserve Bank of India Act)
Q3) What are the provisions of the Reserve Bank of India regarding the transaction in foreign currencies? How does the Reserve Bank of India regulate foreign exchange? [15]
OR
What are the provisions of the RBI Act regarding the composition of the Board of Directors? How are they removed from office and under what circumstances can they be removed from office?
Q4) Write short notes on any four : [20]
a) Cash reserves of scheduled Banks.
b) Denomination of notes.
c) National rural credit.
d) Powers of auditors.
e) Recovery of notes.
f) Inspection of banks by the RBI.
(Banking Regulation Act)
Q5) What are the provisions of the Banking Regulation Act regarding nomination of articles kept in safety lockers of the Bank and also the claim of other persons regarding the articles? [15]
OR
Write in detail the provisions of the Banking Regulation Act regarding Licensing of banking companies and the cancellation of the license by the RBI.
Q6) Write short notes on any three : [15]
a) Reserve fund.
b) Prohibition of trading.
c) Banking company.
d) Substantial interest.
e) Disqualification for being appointed as a Chairman.
[3937]-103 I-LL.B. (Sem.-I)
LABOUR LAWS (2003 Pattern) (Paper - 3)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) All questions are compulsory.
2) Figures to the right indicate full marks.
QI) State and explain the provisions relating to Health and Welfare of Workers Under the Factories Act, 1948. [20]
OR
Define the term Worker and discuss the provisions relating to Working Hours of Adults Under the Factories Act, 1948.
Q2) a) Examine the powers and jurisdiction of the authority Under the Payment of Wages Act, 1936. [10]
OR
Discuss the definition of Wages and time of Payment of Wages Under the Payment of Wages Act, 1936.
b) Examine the procedure for fixing and revising the minimum rates of Wages in scheduled employment Under the Minimum Wages Act, 1948. [10]
OR
Discuss the provisions relating to appointment and powers of Inspectors Under the Minimum Wages Act, 1948.
Q3) Define the term Retrenchment Under the Industrial Disputes Act, 1947 and examine the conditions precedent for valid retrenchment. [15]
OR
Define Strikes and Lock-Outs Under the Industrial Disputes Act, 1947. Explain as to when strikes and Lock-Outs become illegal Under the Act.
Q4) Enumerate the various Authorities Constituted Under the Industrial Disputes Act, 1947 for prevention and settlement of Industrial disputes and briefly explain the powers and duties of these authorities Under the Act. [IS]
OR
Distinguish between:
a) Settlement and award. [8]
b) Industry and Factory. [7]
Q5) What are the circumstances in which an Employer is and is not liable to pay compensation under the Workmens Compensation Act, 1923? [IS]
OR
Explain the following with reference to the Workmens Compensation Act, 1923:
a) Types of disablement. [8]
b) Contracting and Contracting-Out. [7]
Q6) State and explain the various benefits assured to the insured employees and their dependents Under the Employees State Insurance Act, 1948. [IS]
OR
Examine the powers and duties of the Employees State Insurance Corporation Under the E.S.I Act, 1948.
P397
[3937]-502
III-LL.B.
LAND LAWS INCLUDING CEILING & OTHER LOCAL LAWS
(New 2003 Pattern)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) All questions are compulsory.
2) Figures to the right indicate full marks.
Maharashtra Rent Control Act. 1999
QV A Landlord shall not be entitled to recover possession of the premises if the tenant is ready to pay the Standard Rent 8 Permitted Increase. Comment.
[IS]
OR
Discuss the scope of Jurisdiction of the Competant Authority Under the Act.
Q2) What are the various grounds available to landlord to evict his tenant Under Sec. 16 of the Act. [15]
OR
Write a detailed notes on the provisions regarding jurisdiction of the courts 8 appeal U Sec. 33 8 34 of the New Act.
The Bombay Tenancy & Agricultural Lands Act. 1948
Q3) Tenant is deemed to have purchased the land into his possession as on Tillers day. Critically examine this proposition with special reference to the limitations thereto. [15]
OR
Define 8 explain Certificate Landlord 8 excluded tenant under the Provision of the Act.
Q4) What are the Special Provisions for the termination of tenancy by landlords who were or have been the serving members of Armed forces? [15]
OR
What are the provisions of Appeals, Revision 8 Review application Under the B.T. 8 A.Ls. Act 1948.
Maharashtra Land Revenue Code. 1966
Q5) Discuss the Provisions Relating to removal of encroachments on land vesting in Government Under the Revenue Code. [15]
OR
What are the provisions when a person wants to construct a water course through land belonging to another person?
Q6) Explain the various Revenue officers, their functions 8 duties 8 powers under the M.L.R. code, 1966. [15]
OR
How the rates of Assessment of Lands used for non-agricultural purpose are determined? Which lands are exempt from payment of such assessment.
The Maharashtra Agricultural Lands Ceiling on Holding Act. 1961
Q7) When is the person holding Agricultural Land required to submit the returns Under the Act? What are the consequences of his failure to do so? [10]
OR
Write a short notes on any two:
a) Family Unit.
b) Surplus Land.
c) Classes of Land.
[3937]-603 III-LL.B. (Sem.-VI)
LABOUR LAWS (2003 Pattern)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) Question No. 9 is compulsory. Out of the remaining attempt any Five questions.
2) Figures to the right indicate full marks.
QI) Discuss the provisions relating to Safety under the Factories Act, 1948.
[IT]
Q2) Define Strike and discuss the provisions relating to General Prohibition of strikes and Lock-Outs under the Industrial Disputes Act, 1947. [16]
Q3) Examine the powers and Jurisdiction of the authority under the Payment of Wages Act, 1936. [16]
Q4) Define the term Employee and discuss the procedure for fixing and revising the minimum rates of wages Under the Minimum Wages Act, 1948. [16]
Q5) State and explain the various benefits assured to the insured employees and their dependents under the Employees State Insurance Act, 1948. [16]
Q6) Explain the powers of the Commissioner under the Workmens Compensation Act, 1923. [16]
Q7) State and explain the powers and duties of Authorities under the Industrial Disputes Act, 1947. [16]
Q8) State and explain the provisions relating to Working Hours of Adults under the Factories Act, 1948. [16]
Q9) Write short notes on any TWO of the following: [20]
a) Types of disablement.
b) Defences available to the Employer for Non-payment of Compensation under the Workmens Compensation Act, 1923.
c) Contributions under the E.S.I Act.
d) Amount of Compensation under W.C. Act.
P437
[3937]-503 III-LL.B. (Sem.-V)
INTERPRETATION OF STATUTES (2003 Pattern)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) Question No. 9 is compulsory. Out of the remaining attempt any five questions.
2) Figures to the right indicate full marks.
QI) Every word in a statute to be given a meaning. Explain with reference to general principles of Interpretation. [16]
Q2) What do you understand by Interpretation of statutes 8 what are the objects of Interpretation. [16]
Q3) What are Internal Aids? How do they help in Interpretation of statutes? [16]
Q4) External Aids are subsidary Aids in Interpretation of statutes. Explain. [16] Q5) Discuss the general principles of statutes affecting jurisdiction of courts. [16]
Q6) Enumerate the rules of Interpretation of constitution as developed by the courts of India. [16]
Q7) Discuss the general principles of interpreting taxing statutes. [16]
Q9) Write short notes on anv two: [20]
a) Non Obstinate Clause.
b) Rule of ejusdem genesis.
c) Consolidating 8 codifying statutes.
d) Mandatorv 8 Directorv Provisions.
[3937]-301
II - LL.B. (Sem.- III) LAW OF EVIDENCE (2003 Pattern) (Paper - 10)
[Max. Marks: 100
Time: 3 Hours]
Instructions to the candidates:
1) Question No. 9 is compulsory. Out of the remaining attempt anv five questions.
2) Figures to the right indicate full marks.
QI) Define the term Evidence. Explain the different types of Evidence. [16]
Q2) Examine the provisions relating to Confession under the Evidence Act, 1872.
[16]
Q3) What is dying declaration? Discuss the grounds on which it is admitted in
evidence.
[16]
Q4) Define Burden of Proof. What are the general principles of Burden of proof?
[16]
Q5) Explain the doctrine of Estoppel.
[16]
Q6) Discuss the provisions relating to Examination of Witnesses under Evidence
Act.
[16]
a) Privileged Communications.
b) Facts which need not be proved.
[8]
Q8) Who is an expert? When is the opinion of an expert relevant? [16]
Q9) Write short notes on any Two of the following: [20]
a) Accomplice.
b) Various presumptions.
c) Motive, preparation and conduct.
d) Admissions.
[3937]-505
III - LL.B. (Sem.- V & VI)
ADMINISTRATIVE LAW (2003 Pattern)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) Question No. 9 is compulsory. Out of the remaining attempt any five questions.
2) Figures to the right indicate full marks.
QV Discuss the role of administrative law in modem democracies. [IT]
Q2) Critically examine the Diceys thesis on Rule of Law. Explain the importance of rule of law in a democratic state. [IT]
Q3) What is delegated legislation? Explain delegatus non potest delegare. [IT]
Q4) Explain fully the judicial control over administrative tribunals and quasi-judicial bodies. [IT]
Q5) Discuss the nature, scope, need and functions of commissions of inquiry.
[IT]
Q6) Governments power to enter into contract is prescribed by the constitution, which is different and independent from the Contract Act. Examine. [IT]
Q7) Explain the nature and function of Lokpal in India? Critically analyse its working. [16]
Q8) Explain the nature and scope of the right to information conferred by the Right to Information Act, 2005. [16]
Q9) Write short notes on any two: [20]
a) Writ of Habeas Corpus.
b) Administrative discretion.
c) Audi Alteram Partem.
d) Administrative Tribunals.
[3937]-602 III-LL.B. (Sem.-VI) COMPANY LAW (2003 Pattern) (Paper - 25) (New)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) Question No. 9 is compulsory.
2) Out of remaining attempt any five questions.
3) Figures to the right indicates full marks.
QI) What is a corporate veil? When is it pierced? [16]
Q2) What is a Government Company? State its special failure. How far is it governed by the Companies Act, 1956? [16]
Q3) A promoter stands in a fiduciary relation towards the company he promotes. Explain. [16]
Q4) What is a memorandus of Association? What are its contents? When and how may it be altered? [16]
Q5) When does the liability of a member of a limited company become unlimited?
[16]
Q6) What are preference shares? Explain different types of preference shares. Discuss. [16]
Q7) What is the position of a person who has lent money to a company where the borrowing is ultra vires the company? . [16]
Q8) What are the statutory provisions regarding the holding of an annual general meeting? What business is transacted at such a meeting? [16]
Q9) Write short notes on any two: [20]
a) Grounds for compulsory winding up.
b) Appointment of Auditor of a company.
c) Reconstruction or amalgamation of companies.
d) Proxies.
[3937]-604 III - LL.B. (Sem. - VI) ARBITRATION, CONCILIATION & ALTERNATIVE DISPUTE RESOLUTION SYSTEMS (New 2003 Pattern)
Time: 3Hours] [Max. Marks: 100
Instructions to the candidates:
1) Question Nine is compulsory. Out of the remaining attempt any Five questions.
2) Question Nine carries 20 marks & all other question carry sixteen marks each.
QIA Explain the essential features of the Arbitration and Conciliation Act, 1996.
Q2) What is Conciliation and distinguish between Arbitration and Conciliation.
Q3) Explain the Object, Jurisdiction, Constitution and Limits of Lok Adalat.
Q4) Discuss the jurisdiction functions of the role of the family court under the Family Court Act, 1984.
Q5) Explain the provisions relating to Conduct of Arbitral Proceedings under the Arbitration and Conciliation Act, 1996.
Q6) Examine the provisions regarding the Administrative Tribunal under Article 323(A) and 323(B) of the Constitution.
Q7) Discuss the object and the scheme of Consumer Protection Act.
Q8) Discuss the Composition, Jurisdiction and Powers of the Arbitral Tribunal under the Arbitration and Conciliation Act, 1996.
Q9) Write notes on:
a) Interim measures of Court.
b) Grounds for challenge of appointment of Arbitrator.
c) Merits and Demerits of ADR System.
d) Mediation vs Negotiation.
[3937]-605 III - LL.B. (Sem.-VI) LAW OF EVIDENCE (2003 Pattern)
Time: 3 Hours]
[Max. Marks: 100
Instructions to the candidates:
1) All questions are compulsory.
2) Figures to right indicate full marks.
QI) Explain the relevancy of Motive, preparation 8 conduct with reference to Indian Evidence Act, 1872. [ 16]
OR
What is meant by confession? Is there any difference between judicial confession 8 extra judicial confession? If so explain.
Q2) What do you understand by dying declaration? Under what circumstances dying declaration is admissible under Evidence Act. [16]
OR
State 8 explain the provisions regarding competency of a witness.
Q3) Write a detailed note on relevancy of judgements of Court of Justice. [16]
OR
Who is an accomplice? Can an accomplice give evidence against co-accused? Under what circumstances evidence of an accomplice can be believed?
Q4) What is a fact? When a fact not otherwise relevant becomes relevant? [16]
OR
Enumerate the cases/circumstances in which secondary evidences relating to documents may be given.
Q5) Explain fully the rule of presumption relating to 30 years old document. What is the principle involved in this rule? Whether presumption apply to certified copies of such document? [16]
OR
Discuss the relevancy of character in Civil 8 Criminal cases.
Q6) Write short Notes on any two: [20]
a) Contradiction.
b) Oral evidence.
c) Leading questions.
d) Documentary evidence.
[3937]-606 III-LL.B. (Sem.-VI) DRAFTING, PLEADING & CONVEYANCING (2003 Pattern) (Paper - 27)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) Question No. II (eleven) is compulsory, which carries 20 marks.
2) Out of the remaining attempt any 5 (five) questions, each of such question carries 16 marks.
QI) Prepare a draft of Lease deed pertaining to an agricultural land.
Q2) Draft a criminal complaint regarding defamation on behalf of a businessman Mr. Raghu Sherma against another businessman Mr. Tejas Chandra carrying out the business in same industry.
Q3) Draft a petition for succession certificate on behalf of wife relating to property of her deceased husband.
Q4) Draft a plaint for cancellation of sale deed of residential premises on behalf of seller.
Q5) Draft applications for:
a) Permission to sue as an indigent person.
b) Appointment of commission.
Q6) Draft an execution petition in a decree granting claim of Rs. 1,00,000/- of landlord against a tenant.
Q7) Draft a petition for judicial separation on behalf of wife under the Hindu Marriage Act.
Q8) Draft applications for:
a) Bail before a magistrate.
b) Cancellation of warrant issued against the accused.
Q9) Draft a complaint under the Consumer Protection Act against a medical practitioner for negligence.
QI0) Draft a memorandum of appeal against the order of conviction under S. 302 of Indian Penal Code.
QII) Write notes (any two):
a) Habeas Corpus.
b) Probate.
c) Cheating.
d) Promissorys Note.
[3937]-607 III-LL.B. (Sem.-VI) INVESTMENT AND SECURITIES LAWS (2003 Pattern) (New) (Optional Paper (A))
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) Question No. 8 is compulsory.
2) Answer any five from the remaining.
3) Figures to the right indicate full marks.
QI) What are the types of Preference shares that a company may issue. What are the provisions of the Companies Act regarding the issue and allotment of the shares? [IT]
Q2) What is the need of securities legislations? How are the trading of securities regulated? [16]
Q3) Explain the powers of SEBI regarding the functioning of the stock exchanges.
[16]
Q4) What is the need for securities legislation? Has it been successful in protecting the investor? [16]
Q5) What are securities? Write a note on the types of Ownership instruments that can be traded on the stock exchange. [16]
Q6) What is a depository? What is the need of a depository? Who are the beneficial owners and what are their rights? [16]
Q7) What is a primary market and a secondary market? Differentiate and explain the advantages to the listed company. [16]
Q8) Write short notes on any four: [20]
a) Recognition of Stock exchange.
b) Future Contracts.
c) Badla.
d) Powers of SEBI.
e) Penalty for failure to redress investors grievances.
f) Derivatives.
[3937]-102 I - LL.B.
LAW OF CRIMES (2003 Pattern) (Sem. - I) (Paper - II)
Time: 3 Hours]
[Max. Marks: 100
Instructions to the candidates:
1) All questions are compulsory.
2) Figures to the right indicate full marks.
QI) State and explain the various types of punishments.
[IT]
OR
Examine the maxim actus non facit rum, nisi mens sit rea.
Q2) Explain the provisions regarding Abetment of an offence.
[IT]
OR
Explain in detail the right of private defence of the body and of property.
Q3) Explain the offence defamation.
[IT]
OR
State the ingredients of the offences of Rioting and affray.
Q4) Distinguish between any two of the following :
[IT]
a) Culpable homicide and murder.
b) Giving false evidence and fabricating false evidence.
c) Theft and extortion.
d) Kidnapping and abduction.
Q5) Write short notes on any three of the following :
[18]
a) Mischief.
b) Dowry death.
c) Attempt to commit suicide.
d) Bigamy and adultery.
e) Criminal breach of trust.
f) Forgery.
Q6) Answer any three by giving reasons :
a) A intentionally pulls up a womens veil without her consent. What offence A has committed?
b) A finds a purse with money, not knowing to whom it belongs, he afterwards discovers that it belongs to Z and appropriates it to his own use. Whether A is guilty of an offence?
c) A instigates B to murder C, B refuses to do so. Whether A has committed any offence.
d) A commits house-trespass by entering Z s house through a window. What offence A has committed?
e) A says - I think Zs evidence on that trial is so contradictory that he must be stupid or dishonest. Whether A has committed any offence.
P54Q [3937]-104
I - LL.B.
TRUST, EQUITY AND FIDUCIARY RELATIONSHIPS (2003 Pattern) (New) (Sem. - I)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) All questions are compulsory.
2) Figures to the right indicate full marks.
QIA Who is beneficiary under the Indian Trust Act? What do you mean by beneficial interest under the Act? Discuss. [15]
OR
State the essentials of valid trust under the Indian Trust Act, 1882.
Q2) In details discuss the rights and powers of the trustees. [15]
OR
Comment upon the appointment and vacating the office of the Trustee.
Q3) Discuss the circumstances under which the trust is extinguished. [10]
OR
Comment in your understanding on Certain obligations in the Nature of Trusts.
Q4) Discuss in details the powers and functions of the Charity Commissioner under the Bombay Public Trust Act, 1950. [15]
OR
State the process of alienation of trust property under the Bombay Public Trust Act, 1950.
Q5) Write notes on any four : [20]
|
a) |
Change Report. |
|
b) |
Doctrine of Cy pres. |
|
c) |
Persons having interest. |
|
d) |
Powers and duties of Deputy and Assistant Charity Commissioner. |
|
e) |
Offences and Penalties. |
|
f) |
Appeals from findings of Deputy or Asst. Charity Commissioner. |
Q6) Discuss the evolution of concept of equity. Do we notice this concept under our legal system? [15]
OR
Write notes on :
a) Delay defeats equity.
b) Seeking equity demands doing it first.
c) He who comes into equity must come with clean hands.
Q7) Comment importance of fiduciary relationship in strengthening the commercial transactions? [10]
OR
In your understanding enumerate what status does fiduciary relationship holds in advocacy? Support your answer with certain illustrations.
P544 [3937]-105
I - LL.B.
CRIMINOLOGY AND PENOLOGY (Optional Paper) (2003 Pattern)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) Q.No.9 is compulsory.
2) Attempt any five, out of remaining.
3) Figures to right indicate full marks.
QIA Explain the nature, scope and practical utility of criminology. [16]
Q2) It is true to say that all theories regarding crime causation are outdated and a need for a new theory is the need of the day. Comment. [16]
Q3) Police plays very important role in administration of Justice. Comment on the relevancy of above statement. [16]
Q4) Explain the causes of recidivism. How it can be controlled and prevented? [16]
Q5) Discuss the various schools of criminology along with their merits and demerits.
[16]
Q6) What is white collar crime? Discuss in the light of sutherlands analysis of white collar crime. [16]
Q7) Comment on Prison Administration in India. [16]
Q8) Critically examine the causes and effects of juvenile delinquency in India. [16]
Q9) Write short notes on any two : [20]
a) Probation of offenders.
b) Rights of prisoners.
c) Organised crime.
d) Concept of crime.
P545 [3937]-106
I - LL.B. (Sem. -1)
WOMEN AND LAW AND LAW RELATING TO THE CHILD (Optional Paper (C)) (New) (2003 Pattern)
Time: 3 Hours] [Max. Marks: 100
Instructions to the candidates:
1) All questions are compulsory.
2) Figures to the right indicate full marks.
Q1 Indian Constitution aims to protect Indian Women through different Articles. Comment. [15]
OR
How does the Law Protect Women from Domestic Violence?
Q2) Discuss the provisions of different labour laws relating to working women. [15]
OR
Critically evaluate the object and the scheme of the immoral traffic (prevention) Act 1956 in the light of Article 21 of the constitution.
Q3) Write notes on any two : [20]
a) NCW.
b) Law laid down in Visakha case.
c) Reservation of seats for Women.
Q4) Discuss the object and challenges in implementing The Rights of Children for Free and Compulsory Education Act, 2009. [15]
OR
Examine in detail the scheme of child labour (Prohibition and Regulation) Act 1986.
Q5) Examine the different legal provisions protecting social and legal status of children in India. [15]
OR
Discuss the objects and features of The Juvenile Justice (Care and Protection of Children) Act 2000.
Q6) Write notes on anv two : [20]
a) Human rights and Children in India.
b) National commission for child.
c) Protection of Child from Sexual abuse.
[3937]-501 III - LL.B.
CIVIL PROCEDURE CODE AND LIMITATION ACT
(2003 Pattern)
[Max. Marks: 100
Time: 3 Hours]
Instructions to the candidates:
1) Question No.9 is compulsory. It carries 20 marks.
2) Attempt any five out of the remaining. Each question carries 16 marks.
QI) What is meant by Pleadings? When can they be amended and what are the provisions in respect of amendment?
Q2) Discuss the various stages of a civil suit from institution to final conclusion.
Q3) Explain the Doctrine of Res Judicata. What is difference between Res Judicata and Estoppel?
Q4) Explain the following :
a) Appointment of Receiver.
b) Exparte decree.
Q5) Explain the concept of an indigent person and state the provisions in respect of filing a suit as an indigent person.
Q6) Explain the following :
a) Place of suing.
b) Temporary injunction.
Q7) Explain how the object to expedite the disposal of suit and proceedings so that justice may not be delayed, is achieved by the amendment of the CPC, with effect from 01/07/2002.
Q8) Discuss in detail the provisions relating to a suit by or against a minor and a person of unsound mind.
Q9) Write notes on any two :
a) Easement by prescription.
b) Bar of limitation.
c) Effect of acknowledgment in writing.
d) Continuous running of time.
[3937]-501 2
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Attachment: |
| Earning: Approval pending. |
