8/12/2019 2009 Sem I

1/9

2009

Time : 3 hours Full Marks : 40

Candidates are required to give their answers in

their own words as far as practicable.

The questions are of equal value.

Answer any five questions

1. Define Jurisprudence and discuss its nature, scope and utilities.2. According to the Historical School. Law is gift of time. Discuss.3. What is Natural Law theory? It is relevant in present context?

Discuss.

4. To what extent Austin and Salmond differ in the matter of thedefinition on law?

5. How far is it correct to say that Judges make law? Give a fewexamples from Indian decisions which prove the law-makingfunction of the Judges.

6. Enumerate the main characteristics of Relist School.7. Write short notes on any two of the following:

(a) Kelsons Pure Theory of Law.(b) Pounds Theory of Social Engineering(c) Law and Morals

8. Distinguish between positive law and positive morality anddiscuss the chief characteristics of sovereignty according to john

Austin.

9. Write an essay on Marxist School of Law.10. Do you agree that there in need of some reform in administration

of justice in India? If yes point out the areas.

8/12/2019 2009 Sem I

2/9

2009

Time : 3 hours Full Marks : 40

The Questions are of equal value,

Answer any five questions.

Candidates are required to give their answers in

their own words as far as practicable.

1. While referring to statutory provisions and decided cases, explainthe law relating to the communication of proposal. Also distinguish

between offer and invitation to offer.

2. Define the term consideration and discuss its essentialingredients. Refer to decided cases also.

3. What do you understand by the term free consent? With the helpof statutory provisions and decided cases, discuss the situationswherein a party to the contract is said to be in the position to

dominate the will of the other party.

4. Who is competent to contract? While referring to relevant caselaw. Discuss the nature of minors agreement.

5. Explain the term misrepresentation and distinguish it from fraud.6. With the help of suitable illustrations, explain the situations

wherein the objects of an agreement are said to be unlawful.

7. Define wagering agreement and with the help of decided cases.Discuss its essential ingredients.

8. What do you understand by anticipatory breach of contract?Explain with suitable illustrations the rights and liabilities of the

parties in case of anticipatory breach of contract.

9. An agreement without consideration is void. Discuss thisstatement with the help of statutory provisions and decided cases.

10. Write short notes on any two of the following:(a) Communication of acceptance by post.(b) Lapse of offer.(c) Coercion(d) Distinction between void agreement and voidable

agreement.

8/12/2019 2009 Sem I

3/9

2009

Time : 3 hours Full Marks : 40

Answer five questions, selecting four from Group-A

and one from Group-B,

Candidates are required to give their answers in

their own words as far as practicable.

Group-A

1. Define Partnership. How far it differs from joint Hindu family?2. How is partnership created? What is the extent of liability of the

partners for the acts of the firm?

3. Discuss the legal position of a minor person in a partnership firm.Refer to case law also.

4. State the rules determining partners mutual relations.5. With the help of suitable illustrations and decided cases, discuss

the law relating to partner by holding out.

6. Discuss the right and duties of partners.7. While stating in brief, the procedure for the registration of a

partnership firm, discuss the effects of its non-registration.

8. Write short notes on any two of the following:(a) Partnership and company(b) Income and outgoing partners(c) Modes of dissolution of partnership firm(d) Various kinds of partnership and partners.

GroupB

9. How is a contract for sale made? Discuss the different sale andagreement to sell.

10. Explain the rule of caveat emptor and discuss the exceptions to thisrule as provided under the Sale of Goods Act. Refer to case law

also.

8/12/2019 2009 Sem I

4/9

2009

Time : 3 hours Full Marks : 40

The Questions are of equal value,

Answer any five questions.1.What do you understand by custom? What are the essentials of a

valid custom? Discuss the importance of custom under the

modern Hindu law.

2.What are the essential conditions of a valid marriage under theHindu Marriage Act. 1955? Can a Hindu girl marry a Muslim?

3.Distinguishing between void and voidable marriage, examine inbrief the grounds of voidable marriage under the Hindu

Marriage Act. 1955.

4.Describe with the help of decided cases, the grounds on which adegree for judicial separation may be obtained under the Hindu

Marriage Act./ 1955 (as amended up to date). How far judicial

separation is different from divorce?

5.Discuss the essentials of a valid adoption under the HinduAdoptions and Maintenance Act. 1956. Can an unmarried

woman adopt married girl under the Act.?

6.In what circumstances is the wife entitled for separate residenceand maintenance under the Hindu Adoptions and MaintenanceAct. 1956? Discuss.

7.What do you mean by desertion? Discuss with the help ofdecided cases as to when can desertion become a ground for

judicial separation or divorce under the Hindu Marriage Act.

1955.

8.What relief can be granted to parties of marriage on the groundof cruelty under the Hindu Marriage Act. 1955?

9.Discuss the powers of natural guardian in regard to theimmovable property of a minor under the Hindu Minority and

Guardianship Act. 1956.

10. Under what circumstances a windowed daughter-in-law canclaim maintenance from her father-in-law under Hindu

adoptions and Maintenance Act. 1956?

8/12/2019 2009 Sem I

5/9

2009

Time : 3 hours Full Marks : 40

The Questions are of equal value,

Answer any five questions.1.Enumerate special features of various schools of Sunni law.2.Qoran is the only source of Muslim law. All other sources are

subsidiary to it. Explain.

3.What is Nikah? What are the various classifications of dower andhow can it be enforced?

4.Define dower. What are the various classifications of dower andhow can it be enforced?

5.Muslim law gives vast power to Muslim husband to dissolvemarriage. What are these powers? Discuss.

6.Dissolution of Muslim Marriage Act. 1939 was passed to makeMuslim wives equally potent as Muslim husbands for dissolution

of marriage. Explain to grounds of dissolution under the

Dissolution of Muslim Marriage Act. 1939.

7.What are the differences between Muslim law and Section 112 ofIndian Evidence Act in respect of presumption of legitimacy?

Explain with the help of decided cases.

8.Explain the widows right of retention. Whether this right istransferable?

9.Explain:(a) Shia School of Muslim law(b) Doctrine of apostasy and conversion

10. Write short notes on any two of the following:(a) Urf as a source of Muslim law(b)

Maintenance of neglected wives

(c) IIa and Zihar(d) Main features of Muslim Women (protection of Rights on

Divorce) Act. 1986

8/12/2019 2009 Sem I

6/9

2009

Time : 3 hours Full Marks : 40

The Questions are of equal value,

Answer any five questions.1. Define Crime and discuss the various elements which are essential

in the constitution of crime.

2. Define Abetment and distinguish abetment from criminalconspiracy with illustrations.

3. How far necessity is a good defence to a crime? Explain.4. Mistake of fact is a good defence but Mistake of law is no

defence under Indian Penal Code. Explain.

5. Distinguish between Preparation and Attempt.6. Describe the justification and limitation of the right of private

defence. Also state when does such right commence.

7. What do you mean by Common intention? Distinguish betweencommon intention and Common object.

8. It is a principle older than the law that no man is guilty unless hismind is guilty. Discuss.

9. Explain the following:(a) Accident as defence(b) Consent as defence

10. Discuss the liability, if any, in the following cases:(a) A an officer of a court, being ordered by that court to arrest

B, after making due enquiry and believing C to be B, arrests

C.

(b) A is in order to prevent the great fire pulls down houses.

8/12/2019 2009 Sem I

7/9

2009

Time : 3 hours Full Marks : 40

The Questions are of equal value,

Answer any five questions.1.Distinguishing between federal and unitary constitution, discuss

the salient features of Indian Constitution.

2.Explain with the help of decided cases the relationship betweenDirective Principles of State Policy and Fundamental Rights.

3.Referring decided cases, define the State as given underArticle 12 of the Constitution. Is the University a State?

4.Discuss the rights of minorities to establish and administereducational institutions.

5.Discuss with the help of decided cases the procedure to amendthe Constitution as laid down in Article 368 of the

Constitution.

6.What is Preventive Detention? What constitutional safeguardsare available to a person detained under it?

7.Critically examine the freedom of profession, occupation, tradeor business as guaranteed under Article 19(1) of the

Constitution.

8.No person shall be deprived of his life or personal libertyexcept according to procedure established by law. Discuss.

9.Article 14 of the Constitution prohibits the arbitrariness of theState but does permit it to treat unequals equal. Explain with the

help of decided cases.

10. Write short notes on any two to the following:(a) Constitutional remedies in the Supreme Court.(b)

Restrictions on freedom of speech and expression.

(c) Scope of Article 226(d) Right to form association.

8/12/2019 2009 Sem I

8/9

2009

Time : 3 hours Full Marks : 40

The Questions are of equal value,

Answer any five questions.1.Explain the meaning and the context in which the maxim, Qui

facit per alium facit per se is applied.

2.Discuss the meaning and the context in which the maxim Audialteram partem is used.

3.Name and elaborate the maxim which propounds the principlethat a delegate cannot further delegate.

4.Briefly discuss the following maxims:(a) Actio persinalis moritur cum persons(b) Res ipsa loquitur

5.Equity following the law Discuss the importance of thisequitable doctrine.

6.He who seeks equity, must do equity. Comment on thisequitable doctrine with relevant illustrations.

7.delay defeats equity Discuss this maxim with relevantexamples.

8.Explain the following legal terms:(a) Sine qua non(b) Locus standi(c) Amicus Curiae(d) Fait accompli

9.Use the following legal terms in your own sentences:(a) Mens rea(b) Quid pro Quo(c)

Ultra vives

(d) Mutatis mutandis10. Give the meaning in English of the following words:

(a) Motive(b) Homicide(c) Oath(d) Proviso

(e) Equity(f) Estoppel(g) Prima facie(h) Trial

8/12/2019 2009 Sem I

9/9

2009

Time : 3 hours Full Marks : 40

The Questions are of equal value,

Answer any five questions.

1.International law is the vanishing point of Jurisprudence.Comment.

2.Discuss treaty as a source of International Law.3.State are subject of International Law Do you agree with this

statement? If no. why?

4.Discuss the relational ship between international Law andMunicipal Law. Refer to decided cases.

5.What do you understand by recognition? Explain the differentmodes of recognition.

6.What is extradition What are its essential Conditions?7.What do you understand by territorial sovereignty? Discuss the

nature and extent of territorial sovereignty.

8.Define freedom of open sea Discuss principles related to it.9.Write a critical essay on the Characteristics of State.10. Write short notes on any two of the following:

(a) Modes of a acquiring territory(b) Asylum(c) Consequences of succession(d) Intervention