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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./V Sem.

/ET/Nov-18/AL
Time - 03 Hours Max-Marks :- 70
November - 2018
Administrative Law
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Explain the difficulty in defining Administrative Law. What is the scope and significance
of the Administrative Law?
2. The core function of delegated legislation is to perform what is fictionally called as
“power to fill up the details.”Comment and write a detailed note on other special forms of
delegated legislation.
3. Explain the concept of audi alteram partem and also point out the detailed requirement of
audi alteram partem range, starting from notice to final determination.
4. Explain the theory of Separation of Power.
5. Explain the inevitability of conferment of discretionary power on administrators and
grounds of judicial review whenever there is an abuse of it.
6. In the light of Reserve Bank of India v. Jayantilal N. Mistry(2016), explain the scope of
fiduciary relationship as ground for denial of information under Right to Information Act,
2005. Also point out other grounds on which the information can be denied to citizens
under RTI Act, 2005.

(SECTION – B) (02X05)
7. Contractual Liability of State.
8. Doctrine of Legitimate Expectation.
9. Sub-Delegation
10. Emergency as an exception to the Rule of Natural Justice.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./V Sem./ET/Nov-18/CrPC
Time - 03 Hours Max-Marks :- 70
November - 2018
Criminal Procedure Code
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Describe the various classes of criminal courts in India for trial of offences. Explain
their constitutional powers, jurisdiction and maximum sentence which they can
award.
2. What are the different parts or stages of crime investigation from the registration of
FIR to the preparation of the case for court trial? Refer case laws.
3. ‘Power of appellate court to review evidence in appeals against acquittal is as
extensive as its powers in appeals against convictions, but that power is with a note of
caution that appellate court should be slow in interfering with orders of acquittal
unless there are compelling reasons to do so’. Keeping in mind the above observation
of Supreme Court, discuss the general principals regarding powers of the appellate
court while dealing with an appeal against an order of acquittal, laid down by the
court in Chandappa and Others V. State of Karnataka (2007) 4 SCC 415.
4. The bail provisions in Cr.P.C. have bestowed more or less an unqualified and
uncontrolled discretion on the judges. Discuss the law relating to bail in the light of
the above statement with the help of case laws.
5. Explain charge and discuss its form and contents. Is a defective charge necessarily
fatal to conviction? Discuss with the help of case laws.
6. Do you agree that the scheme of plea bargaining has in fact created an arbitrary and
unreasonable classification between two similarly situated individuals, where one has
ability to compensate to the victim and other has disability to do the same? Elucidate
the observations of Supreme Court of India concerning ‘plea bargaining’ in the
context of the present legal frame.

(SECTION – B) (02X05)
Write short notes on:
7. Apart from sentence and fine/compensation to be paid by an accused to the victim, do
you think that court can compel the state under section 357-A of Cr,.P.C. to pay
compensation, when the accused is not in a position to pay fair compensation?
8. Describe the term ‘indigent person’.
9. Briefly explain the mode of delivery of judgment.
10. Write a short note on victim’s participation in criminal trial.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./V Sem./ET/Nov-18/IPC-II
Time - 03 Hours Max-Marks :- 70
November - 2018
Indian Penal Code-II
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)

1. There is a thin line of difference between a ‘terrorist attack’ and ‘Waging war
against Government of India. In the light of the above statement discuss in detail
the penal provisions relating to waging war in IPC, 1860. Also substantiate your
answer with case laws.
2. What Offence under IPC, if any, has been committed in the following
circumstances, reason your argument with the help of relevant provisions and case
law:
(a) D is paramour of A’s wife. She gives a valuable property for 10 days, which D
knows to belong to her husband A and to be such property which she has no
authority to give. What offence, if any, has been committed by D?
(b) W threatens to send club-men to plough up Y’s field unless Y will sign and
deliver to W a bond binding Y under a penalty to deliver certain produce to W, and
thereby induces Y to sign the bond. However, W is apprehended before the
delivery of the bond.
(c) A meets Z on a high road, shows a pistol and demands Z’s purse. Z in
consequence surrenders his purse.
(d) S going on a journey entrusts his plate to P, the keeper of the warehouse, till S
shall return. P carries the plate to the goldsmith and sells it.
(e) A, a revenue officer, is entrusted with public money and is either directed by
law, or bound by a contract, express or implied, with the Government, to pay into
certain treasury all the public money which he holds. A dishonestly appropriates
the money.
3. “In most of the offences relating to property, the offender merely gets possession
of the thing in question, however in the case of cheating he obtains possession plus
property as well”. Do you agree? Elaborate upon the law of cheating provided in
IPC with the help of decided cases.

4. D was moving from his 10th story flat to a small house. The new occupiers had
asked D to ensure that all his furniture was removed from the flat. D had a very
heavy solid oak wardrobe that he could not get down the stairs and the lift wasn’t
working. D looked over the balcony and noticed a group of about 30 teenagers
hanging about directly under D’s balcony. D considered that he might cause
serious harm but as he did not think that anyone would realise where the wardrobe
had come from and he was so desperate to get rid of the wardrobe that he decided
to push the wardrobe over the balcony. The wardrobe hit one of the teenagers who
died in hospital from his injuries. How would you charge D for his act resulting in
death of the teenager? Discuss with the help of statutory and case law.

P.T.O.
5. M runs an Acting School in Delhi and is considered to be one of the best in the
business. He was invited to deliver a talk in a career counseling session in a Girls’
School in Lucknow on the theme “Acting as a Career Option”. In the course of his
presentation before the girls, he told them that many established TV and Film
actors of today were once his students and it was his training and grooming that
they have become famous and successful today. Seven days after his presentation
in the Girls’ School, a 17 years old girl G left her parents home and reached Delhi
to pursue her dream career in Hindi cinema. G went to M’s office and told him that
though her parents are dead against it, she wanted to enroll in his Acting School.
M told her that initially all parents dislike the very idea of their children entering
this field but once you become successful, they start supporting you. M allowed G
to join his Acting School and stay in the Girls’ hostel of the school. However, G’s
father got to know that she is in Delhi learning acting skills in M’s school. G’s
father lodges an FIR against M for kidnapping his child.

Elaborating upon the elements of kidnapping from lawful guardianship and


decide whether M is guilty of this offence.

6. Consent is the most crucial element in a prosecution for rape. Discuss the judicial
delineation of the concept of consent in Indian rape laws.

(SECTION – B) (02X05)

7. How have the courts in India interpreted the phrase “relative of the husband”
occurring in Ss. 304B & 498A of IPC?
8. What is the offence of voyeurism? State Briefly.
9. ‘Robbery is a special and aggravated form of either theft or extortion’. Comment.
10. Law of Sedition under IPC, 1860.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./V Sem./ET/Nov-18/JURIS
Time - 03 Hours Max-Marks :- 70
November - 2018
Jurisprudence
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. In Modern Natural Law, the protection of natural rights as the constitutional fundamental
rights is globally recognized but globally, this protection is accorded by various ways and
means. Discuss some of these ways and means and their relative merits.
2. How is ‘Constitution’ of a country not the Grundnorm according to Kelsen’s Pure theory
of Law? Whether the Grundnorm following Kelsen’s insistence on Monism can be
country specific?
3. Is there a right answer of an adjudicatory question in the realm of unwritten law? Is it the
case that if adjudicatory answers were to come from the unwritten realm of law, then the
rights answer will always be a judge made law?
4. Critically examine the assertion of the theory of ‘Social Engineering’ as a non-ethical
approach.
5. Explain the meaning of the inherent rationality of volksgeist. Discuss the correctness of
subjecting some these inherent rationalities of Personal Laws or customary practices in
India to the test of constitutional morality by the Supreme Court of India in the recent
past.
6. Write a detailed note on the American Realism movement.
(SECTION – B) (02X05)
Write short notes on:
7. How far do you agree with the argument that there is ‘no discretion in law’?
8. What is the role of ‘official behaviour’ in identifying the ‘rule of recognition’ in Hart’s
theory of law?
9. Can moral arguments be proved by way of empirical evidence?
10. How is Henry Maine’s legal scholarship a counter to the central idea of the volksgeist
theory?
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./V Sem./ET/Nov-18/LOE
Time - 03 Hours Max-Marks :- 70
November - 2018
Law of Evidence
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. ‘A’ was called to police station for interrogation. During interrogation ‘A’ complained of
severe stomach pain. He was taken to hospital in a police van, while in hospital, he
confessed to a doctor that he committed robbery. Is the confession admissible?
2. What is meant by dying declaration? Explain its evidentiary value.
3. What do you mean by Secondary Evidence? State the circumstances in which secondary
evidence may be given.
4. Explain the provisions of Indian Evidence Act, 1872 relating to Burden of proof.
5. Discuss presumption of legitimacy of a child under Indian Evidence Act, 1872.
6. What are privileged communications? Explain.

(SECTION – B) (02X05)
Write short notes on:
7. An accused is alleged to have committed the murder of his wife in the presence of his 8
years old son, whether the evidence of child admissible? Explain.
8. Write note on Hostile witness.
9. Explain the presumptions in cases of dowry deaths and rape cases.
10. ‘A’ wants to adduce oral evidence to prove the genuineness of a document. Can he do so?

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./V Sem./ET/Nov-18/PL-I
Time - 03 Hours Max-Marks :- 70
November - 2018
Property Law-I
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. ‘Property of any kind may be transferred except as otherwise provided by this Act’.
Elucidate the above statement with reference to Section 6 of the Transfer of Property Act.

2. The doctrine of Part Performance does not confer title rather it enables a person without
title to defend his possession. In the light of the above statement bring out the essential
characteristics of Section 53-A of Transfer of Property Act.

3. Explain with the help of suitable illustrations and relevant case law the doctrine of
‘feeding the grant by estoppel’ as provided under section 43 of the Transfer of property
Act.
Is there any conflict between section 43 and section 6(a) of the Transfer of Property Act?
Elucidate.

4. What do you understand by easement? Differentiate between customary and prescriptive


easement.

5. (a) What is doctrine of election?


(b) P transferred his property X to Q by executing a simple deed, transferring in the same
transaction property Y belonging to Q to R. Q refused to part with property Y in
favour of R. Discuss the rights of Q and R and the legal obligations of P’s heir.

6. (a) Discuss the doctrine of lis pendens in detail.


(b) A collusive maintenance suit was filed by a Hindu wife against her husband.
During the pendency of the suit, the husband transferred the property to X for
consideration. Subsequently a charge was created in favour of the wife on such
property. Discuss the rights and liabilities of X.

(SECTION – B) (02X05)
7. Write a short note on rule against restraints on alienation
8. What do you understand by profit a pendre.
9. Discuss the rule laid down in Tulk v. Moxhay.
10. Define and distinguish between Vested and Contingent interest.

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