261 - kopykitab(i) under the transfer of property act, 1882, the transfer of property may be made...
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1/2009/GCL (NS) P. T. O.
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Roll No..........................
Time allowed : 3 hours Maximum marks : 100
Total number of questions : 8 Total number of printed pages : 5
NOTE : Answer SIX questions including Question No.1 which is compulsory.
1. (a) “A declaration of fundamental rights is meaningless unless there is an effectivejudicial remedy for their enforcement.” Comment on this statement explainingthe judicial remedies which the Constitution of India provides.
(8 marks)
(b) When and under what circumstances can the Parliament legislate on mattersenumerated in the State List ? Discuss.
(6 marks)
(c) Briefly mention internal and external aids to interpretation of statute.
(6 marks)
2. Write short notes on any four of the following :
(i) Expert opinion
(ii) Doctrine of feeding the grant by estoppel
(iii) Doctrine of lis pendens
(iv) E-governance
(v) Adjudicating officer.(4 marks each)
3. Distinguish between any four of the following :
(i) ‘Public key’ and ‘private key’.
(ii) ‘Vested interest’ and ‘contingent interest’.
(iii) ‘Complaint’ and ‘FIR’.
(iv) ‘Res judicata’ and ‘stay of suits’.
(v) ‘Computer’ and ‘computer network’.
(4 marks each)
4. Attempt any four of the following :
(i) State the modes of cancellation of adhesive stamps.
(ii) State the documents of which registration is optional.
(iii) Specify the categories of information that have been exempted from disclosureunder the Right to Information Act, 2005.
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(iv) What are the cyber offences under the Information Technology Act, 2000 ?
(v) “Where once time has begun to run, no subsequent disability or inability to institutea suit or make an application can stop it.” Discuss.
(vi) Explain the maxim damnum sine injuria under the law of torts.
(4 marks each)
5. State, with reasons in brief, whether the following statements are correct or incorrect:
(i) In computing the period of limitation for an application to set aside an award, thetime required for obtaining a copy of the award shall not be excluded.
(ii) A document executed by several persons at different times may be presented forregistration and re-registration within six months from the date of each execution.
(iii) Anubhav sells a property to Balwant for Rs.5 lakh which is subject to a mortgageto Charu for Rs.10 lakh and unpaid interest of Rs.2 lakh. Stamp duty is payableon Rs.17 lakh.
(iv) Suits for compensation for false imprisonment can be filed within two years fromthe date when the imprisonment ends.
(v) Article 53 of the Constitution of India lays down that the executive powers of theUnion shall be vested in the President of India.
(vi) The rule of ‘harmonious construction’ is the best rule of interpretation of anyprovision of any statute.
(vii) Under certain circumstances, the court may award damages in addition to specificenforcement of the contract.
(viii) Generally orders passed by the court under the Code of Civil Procedure, 1908 arenot appealable but there are certain exceptions to it.
(2 marks each)
6. (a) Choose the most appropriate answer from the given options in respect of thefollowing :
(i) The Constitution of India came into force on —
(a) 26th November, 1949
(b) 15th August, 1947
(c) 26th January, 1947
(d) 26th January, 1950.
(ii) The right to alienate the mortgaged property without intervention of thecourt is available to the mortgagee in the case —
(a) Where the mortgagee is government
(b) Where there is English mortgage
(c) Where there is mortgage by conditional sale
(d) Under both (a) and (b).
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(iii) The relief regarding recovery of possession of immovable property is availableunder —
(a) Provisions of the Code of Civil Procedure, 1908
(b) Provisions of the Specific Relief Act, 1963
(c) Provisions of the Code of Criminal Procedure, 1973
(d) Both (a) and (b).
(iv) In the transfer of property with condition, the condition is void and transferis valid —
(a) Where transfer is made with void condition
(b) Where transfer is made with the condition restraining absolutely futuretransfer of such property
(c) Where transfer is made absolutely with the condition restraining enjoymentof such property
(d) Both (b) and (c).
(v) Section 20 of the Right to Information Act, 2005 imposes penalty on a publicinformation officer for failing to provide information —
(a) Rs.250 per day
(b) Rs.250 per day to the extent of maximum Rs.50,000
(c) Rs.300 per day to the extent of maximum Rs.25,000
(d) Rs.250 per day to the extent of maximum Rs.25,000.
(vi) The Chief Judicial Magistrate is empowered to pass —
(a) Any sentence authorised by law
(b) Any sentence except a sentence of death
(c) Any sentence except a sentence of death, life imprisonment or imprisonmentfor a term exceeding seven years
(d) Any sentence except a sentence of death and life imprisonment.
(vii) The definition of ‘decree’ as given under section 2 of the Code of Civil Procedure,1908 includes —
(a) An ‘award’ passed by the arbitral tribunal under the Arbitration andConciliation Act, 1996
(b) Rejection of plaint under Order 7, Rule 11 of the Code of Civil Procedure,1908
(c) Adjudication of any question raised by any party to the decree duringexecution proceedings under section 47 of the Code of Civil Procedure,1908
(d) An order of which appeal lies like an order.
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(viii) A magistrate may take cognizance of any offence upon —
(a) His own knowledge
(b) The information of police officer
(c) The information of any person other than police officer
(d) His own knowledge, police report and complaint or information receivedfrom any person other than police officer.
(1 mark each)
(b) Re-write the following sentences after filling-in the blank spaces with appropriateword(s)/figure(s) :
(i) Temporary injunction is granted under order __________ of the Code of CivilProcedure, 1908.
(ii) Declaratory decree is granted under __________ of the Specific Relief Act,1963.
(iii) A police officer may arrest any person without warrant if he has committed__________ offence.
(iv) __________ means any person against whom a decree has been passed or anorder capable of execution has been made.
(v) The law of limitation bars the remedy as well as extinguishes the right where__________.
(vi) A fresh suit is barred for the same cause of action under section(s) __________of the Code of Civil Procedure, 1908.
(vii) Application for obtaining information with prescribed fees may be submittedto __________ officer under the provisions of the Right to Information Act, 2005.
(viii) Central Information Commission is constituted by __________ through a gazettenotification.
(1 mark each)
7. (a) Ajit, a Hindu, who has separated from his father Baljit, sells to Charanjt threefields X, Y and Z representing that Ajit is authorised to transfer the same. Ofthese fields, Field-Z does not belong to Ajit, it having been retained by Baljit onthe partition of property. But subsequently on Baljit’s death, Ajit, as a heirobtains Field-Z. Decide the validity of the sale of the above said fields in acircumstance where Charanjit does not rescind the contract of sale.
(6 marks)
(b) In a case, Hamid was terminated from the police service. Hamid filed a writpetition against termination order on the ground that a reasonable opportunity ofbeing heard was not given to him by the government. The writ petition was
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dismissed by the court as the government proved that reasonable opportunity ofbeing heard had been given to the petitioner. Afterwards, Hamid filed anotherwrit petition on the ground that as he was appointed by the Director General ofPolice, termination by the order of Deputy Inspector General of Police was inviolation of Article 311(1) of the Constitution of India. Decide the validity of thesecond writ petition.
(5 marks)
(c) Anurag, a child, entered the botanical garden of a municipality and consumedsome attractive looking but poisonous berries. As a result of that, he died. Therepresentatives of the child sued the municipality for damages. Will theysucceed ? Give reasons.
(5 marks)
8. (a) On 20th March, Kamal told his wife that he was going to Berhmpore, as Pankaj’swife has written a letter and asked him to come and receive payments due to him.On 21st March, Kamal left his house in time to catch a train for Berhmpore, wherePankaj lived with his wife. On 23rd March, Kamal’s dismembered body was foundin a box which had been purchased for Pankaj. Decide whether on the trial ofPankaj for the murder of Kamal, the statement made by Kamal to his wife wasadmissible in evidence. If so, on what grounds ?
(6 marks)
(b) Arpit took a debt of Rs.10,000 from Bharat on January, 1998 and promised to payby 31st December, 2003. He could not pay such debt within the stipulated time.On 1st December, 2006, Arpit paid Rs.500 as interest against such debt to Bharatagainst receipt. Bharat filed a suit against Arpit to recover such debt on15th December, 2008. Whether the suit filed by Bharat is within the period oflimitation ? Decide with reasons citing relevant provisions of the law.
(5 marks)
(c) Arjun transfers his property to Bhanu for life and after Bhanu’s death to that ofhis unborn sons as shall first attain the age of 25 years and if no son of Bhanushall attain that age, to Chandan who is living at the time of the transfer. Decidethe validity of this transfer.
(5 marks)
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Roll No..........................
Time allowed : 3 hours Maximum marks : 100
Total number of questions : 8 Total number of printed pages : 4
NOTE : Answer SIX questions including Question No.1 which is compulsory.
1. (a) “Constitution of India is basically federal with strong unitary features.” Discuss.
(8 marks)
(b) Explain the writ jurisdictions of the Supreme Court and High Courts as provided
in the Constitution of India.
(6 marks)
(c) Explain the mischief rule in the interpretation of statutes.
(6 marks)
2. Attempt any four of the following :
(i) State the circumstances in which a property may be transferred in favour of an
unborn person.
(ii) Explain the rule of lis pendens as provided in the Transfer of Property Act, 1882.
(iii) What are ‘cyber offences’ under the Information Technology Act, 2000 ?
(iv) State the documents which are required to be compulsorily registered under the
Registration Act, 1908.
(v) Explain the consequences of the instruments which are not duly stamped under
the Indian Stamp Act, 1899.
(4 marks each)
3. Distinguish between any four of the following :
(i) ‘Summons cases’ and ‘warrant cases’.
(ii) ‘Bailable offences’ and ‘non-bailable offences’.
(iii) ‘Battery’ and ‘assault’.
(iv) ‘Condition precedent’ and ‘condition subsequent’.
(v) ‘Primary evidence’ and ‘secondary evidence’.
(4 marks each)
General And Commercial Laws
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4. Write notes on any four of the following :
(i) E-governance
(ii) Setting aside of an award
(iii) Perpetual injunction
(iv) Rectification of an instrument
(v) Specific performance of a contract.
(4 marks each)
5. (a) A document was executed outside India and it was presented for registration after
a lapse of four months from the date of its arrival in India. Whether the document
may be accepted for registration by the Registrar ? Decide.
(6 marks)
(b) Choose the most appropriate answer from the given options in respect of the
following :
(i) Under the Transfer of Property Act, 1882, the transfer of property may be
made ––
(a) Orally
(b) By written document
(c) By written document with its registration
(d) By delivery of property except where transfer is required to be in writing
under the law.
(ii) The right to foreclosure is available to the mortgagee when it is ––
(a) English mortgage
(b) Simple mortgage
(c) Mortgage by conditional sale
(d) Usufructuary mortgage.
(iii) The income of transferred property may be accumulated for an unlimited
time where the property is transferred with condition ––
(a) For the payment of debts taken by the transferor
(b) For the maintenance of the property itself
(c) For the maintenance of the descendants of the transferor generation
after generation
(d) All of the above.
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(iv) Under the Specific Relief Act, 1963, the relief of cancellation of a writteninstrument is available —
(a) When an instrument is void or voidable at the option of the plaintiff
(b) Where the plaintiff may apprehend serious injury if the instrument isleft outstanding
(c) Where the instrument requires registration but is not registered
(d) Where conditions mentioned (a) and (b) above are fulfilled.
(v) The definition of the ‘State’ as given under Article 12 of the Constitution ofIndia includes ––
(a) The Central Government and Parliament of India
(b) The Government and the Legislature of each State
(c) All local or other authorities within India and under the control of theGovernment of India
(d) All of the above.
(1 mark each)
(c) Re-write the following sentences after filling-in the blank spaces with appropriateword(s)/figure(s) :
(i) Perpetual injunction is granted under section ___________ of the Specific ReliefAct, 1963.
(ii) A police officer may arrest an accused without warrant in case of ___________.
(iii) The Court of a Judicial Magistrate of the First Class is authorised to pass asentence of ___________.
(iv) The right to maintenance under section 125 of the Code of Criminal Procedure,1973 is available to ___________.
(v) The application of revision under the provisions of the Code of Civil Procedure,1908 is made to ___________.
(1 mark each)
6. State, with reasons in brief, whether the following statements are correct or incorrect:
(i) The Constitution of India makes a few exceptions in which the Parliament isauthorised to make the laws even on the subjects included in the State List.
(ii) Article 174 of the Constitution of India empowers the Governor of the State todissolve the State Legislature.
(iii) The Right to Information Act, 2005 confers on all citizens of India a right toinformation.
(iv) Certain categories of information have been exempted from disclosure under theRight to Information Act, 2005.
(v) Under certain circumstances, a person is liable for the torts committed by another.
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(vi) On the same cause of action, a fresh suit is barred by law.
(vii) Decree is a formal expression of an adjudication, whereas an order is the decisionof the court.
(viii) The procedure provided under any special or local law is not affected by theprocedure given under the Code of Civil Procedure, 1908.
(2 marks each)
7. (a) Ashok sells a house to Vinay by a written document and delivers possession toVinay, but the document is not registered. After one year, Ashok sues Vinay totake back the possession of the property on the ground that non-registration of adocument has no validity. Will Ashok succeed ? Which doctrine of law can beinvoked by Vinay in his defence ?
(6 marks)
(b) Kamal transfers his property worth Rs.10,000 to Shyam and by the same instrumentasked Shyam to transfer his property worth Rs.5,000 to Manoj. Kamal dies beforeShyam made his election. Can Manoj get compensation ? If so, from whom andhow much ?
(5 marks)
(c) Alok contracts to sell a piece of land to Vimal consisting of 100 bighas for Rs.10lakh and it turns out that only 50 bighas of land belongs to Alok. Who candemand specific performance of contract and who cannot ? If there is a demandof specific performance from rightful party, what will be the consideration ?
(5 marks)
8. (a) Anil was a trustee of a trust. After Anil’s death, Brij wrongfully takes the possessionof the trust property. Chandan, the son of Anil files a suit for recovery of possessionof the property against Brij as the legal heir of Anil in his individual capacity.But Chandan did not succeed. Then Chandan files another suit for recovery oftrust property against Brij in the capacity of trustee as he was appointed astrustee after the death of Anil. Whether the second suit is barred by the doctrineof constructive res judicata ? Explain.
(6 marks)
(b) Mohan filed a suit against Sohan and Rohan for partition of coparcenery property‘P-1’. The suit has been decided. Mohan files another suit against Sohan andRohan for the partition of coparcenery property ‘P-2’, which was in existence atthe time of filing of the first suit. Decide.
(5 marks)
(c) Kamini informed Ajay in the year 2001 that she had committed theft of thejewellery of her neighbour. Thereafter, Kamini and Ajay were married in 2002.In the year 2003, criminal proceeding were instituted against Kamini in respectof the theft of jewellery. Ajay is called to give evidence in the case. Decidewhether Ajay can disclose the communication made to him by Kamini.
(5 marks)
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