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September 2021

13. An action was taken by college authorities against 'A', a student. He

Approached the court for redressal through a Writ. Discuss.

When a college takes an action against a student, the student may seek redressal through a
Writ in court. A Writ is a legal remedy available to individuals who seek judicial intervention
to protect their fundamental rights guaranteed under the Constitution of India.

In this case, student 'A' can file a Writ Petition in a High Court or the Supreme Court of
India seeking appropriate relief. The following types of Writs are available to the student:

Habeas Corpus - This writ is used to produce a person who has been illegally detained or
arrested. If the college authorities have illegally detained or arrested the student, the
student can file a writ of Habeas Corpus.
Mandamus - This writ is used to compel a public authority to perform its duties. If the
college authorities have failed to perform their duties or have taken an action beyond their
authority, the student can file a writ of Mandamus.
Certiorari - This writ is used to quash an order or decision made by a public authority if it is
found to be illegal or in violation of the principles of natural justice. If the college
authorities have taken an action against the student without following due process, the
student can file a writ of Certiorari.
Prohibition - This writ is used to prohibit a public authority from taking any further action
in a matter that is beyond its jurisdiction. If the college authorities have taken an action
that is beyond their jurisdiction, the student can file a writ of Prohibition.
Quo Warranto - This writ is used to question the legal authority of a person holding a public
office. If the action against the student was taken by a person who is not authorized to do
so, the student can file a writ of Quo Warranto.
It is important to note that the student must exhaust all available remedies within the
college's internal grievance redressal mechanism before approaching the court. The court
may not entertain the writ petition if the student has not first sought redressal within the
college.

In conclusion, if a college takes an action against a student that violates their fundamental
rights, the student may seek redressal through a Writ in court. The student must choose
the appropriate type of writ based on the circumstances and must exhaust all internal
remedies before approaching the court.

14.Ram was debarred after an enquiry from appearing for University exam, on the
ground of Unfair means' ram was not given an opportunity to defend.
Ram wants to challenge. Advise Ram.
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Ram should take the following steps to challenge the decision of being debarred from
appearing for the university exam:

Request for the Reason: Ram should request the university to provide him with a detailed
reason for his debarment. The reason should clearly state the evidence against him and the
specific unfair means he is accused of.
Request for Hearing: Ram should request the university to provide him with a hearing or an
opportunity to defend himself against the allegations made against him. He can present his
case and provide any evidence that he believes may prove his innocence.
Appeal to the University: If Ram's hearing does not result in a favorable outcome, he should
appeal to the university authorities. He should provide any additional evidence that he may
have and request a review of the decision made against him.
Seek Legal Advice: If Ram is not satisfied with the university's decision after the appeal,
he can seek legal advice from a lawyer specializing in education law. The lawyer can guide
him on the legal options available to challenge the decision.

15 .A cab driver's license was revoked on the ground of alleged misconduct without
giving reasonable opportunity to him to rebut the allegations made against him. Is
there any violation of principles of nature justice in this case? Examine

Yes, there appears to be a violation of the principles of natural justice in this case. The cab
driver was not given a reasonable opportunity to rebut the allegations made against him,
which is a fundamental principle of natural justice.

Natural justice comprises two principles: audi alteram partem (meaning "hear the other
side") and nemo judex in causa sua (meaning "no one should be a judge in their own cause").
These principles are based on the idea that a person must be given a fair opportunity to
present their case before a decision is made that affects their rights or interests.

In this case, the cab driver's license was revoked on the grounds of alleged misconduct
without giving him a reasonable opportunity to rebut the allegations made against him. This
violates the principle of audi alteram partem as the cab driver was not given an opportunity
to present his side of the story and defend himself against the allegations.

The cab driver should have been given a notice of the allegations made against him and a
reasonable opportunity to respond. This would have allowed him to present his side of the
story, provide any evidence to support his defense, and challenge the allegations made
against him.

Therefore, the revocation of the cab driver's license without giving him a reasonable
opportunity to rebut the allegations made against him is a violation of the principles of
natural justice. The cab driver should seek legal advice and challenge the decision on the
grounds of this violation.
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16. X,Y, and Z are appointed as judges of High Court. An advocate files a petition
before the High Court challenging their appointments. Discuss whether an advocate has
locus standi to challenge the appointment of judges.

The locus standi, or legal standing, of an advocate to challenge the appointment of judges of
the High Court is a matter of legal debate and interpretation.

Generally, standing is determined by whether the petitioner has a sufficient interest in the
matter being contested, and whether the petitioner is personally affected by the issue. In
the case of a challenge to the appointment of judges, the petitioner must show that they
have a direct and substantial interest in the appointment of the judges, and that they will
be personally affected by their appointment.

In the context of an advocate challenging the appointment of judges of the High Court,
there are arguments both for and against their locus standi.

On one hand, advocates can argue that they have a direct and substantial interest in the
appointment of judges since they will be appearing before the judges in court and the
appointment of biased or unqualified judges could affect their clients' interests. Advocates
can also argue that the appointment of judges is a matter of public interest and they have a
right to ensure that the appointments are made in accordance with the law.

On the other hand, some may argue that advocates do not have a direct and substantial
interest in the appointment of judges, as the appointment of judges does not directly
affect their personal interests. Additionally, advocates may not have legal standing to
challenge the appointment of judges in the High Court, as they may not be directly affected
by the appointments and may not be the proper parties to bring such a challenge.

Ultimately, the determination of an advocate's locus standi to challenge the appointment of

judges will depend on the specific facts and circumstances of the case, as well as the
interpretation of the relevant laws and legal principles

Jan 2021

13.A"was an applicant for the post of professor of law. He was also an ex-officio
member of the selection committee. Finally he was selected. "B" another applicant for
the some post was not selected. "B" wants to challenge the
selection process - Advise him.

In this case, "B" has a potential challenge to the selection process, as "A" was an ex-officio
member of the selection committee and was ultimately selected for the position of
professor of law, while "B" was not selected.
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The challenge can be made on the grounds of bias, conflict of interest, and lack of
impartiality in the selection process, which are essential principles of natural justice.

Here are the steps "B" should take to challenge the selection process:

Request for Information: "B" should request the selection committee to provide all the
relevant information related to the selection process, including the criteria for selection,
the composition of the selection committee, and the decision-making process.
Obtain Evidence: "B" should obtain evidence that supports the allegation of bias or conflict
of interest in the selection process. This could include any statements made by "A" or other
members of the selection committee that suggest that "A" may have had an unfair
advantage in the selection process.
File a Complaint: "B" should file a formal complaint with the selection committee, outlining
the reasons why he believes the selection process was biased or lacked impartiality. He
should provide evidence to support his claims.
Seek Legal Advice: "B" should seek legal advice from a lawyer specializing in employment law.
The lawyer can guide him on the legal options available to challenge the decision.
Take Legal Action: If the complaint is not resolved, "B" may consider taking legal action.
This could involve filing a lawsuit against the selection committee or appealing to a higher
authority.
It is important for "B" to act quickly and follow the proper procedure for challenging the
selection process. He should remain calm and professional while presenting his case and
avoid any confrontational behavior.

14. A department of the Central Government framed certain rules under a law.
However such rules were not published for information of concerned citizens. Are such
rules legaly enforceable? Explain with reasons.

No, the rules framed by a department of the Central Government under a law would not be
legally enforceable if they have not been published for the information of concerned
citizens.

The principle of natural justice requires that any law or rule that affects the rights or
interests of individuals must be made public, so that they can be aware of their rights and
obligations. This principle is enshrined in the Indian Constitution under Article 14, which
guarantees the right to equality before the law and equal protection of the laws.

If the rules have not been published, then they cannot be enforced against anyone, as the
public would not be aware of their existence and the obligations they impose. Moreover, if
such rules are enforced without being published, it would be a violation of the principles of
natural justice and a denial of the right to equality before the law.

In such a scenario, the concerned citizens may challenge the legality of such rules in a court
of law and seek appropriate relief. The court may declare the rules as invalid and
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unenforceable or direct the government to publish the rules for the information of the
public.

15. An MLA belonging to opposition party w a s arrested and detained by the police
depriving him of his right to attend the assembly session.
What are the remedies available to him against the state law lessners?

If an MLA belonging to an opposition party is arrested and detained by the police, depriving
him of his right to attend the assembly session, there are several remedies available to him
against the state law enforcers:

Habeas Corpus Petition: The MLA can file a writ of Habeas Corpus in the High Court,
challenging the legality of his detention and seeking his immediate release. The court will
examine the circumstances of the detention and determine whether it is in accordance with
the law.
Quashing of FIR or Charge Sheet: The MLA can also file a petition in the High Court
seeking the quashing of the First Information Report (FIR) or the charge sheet filed
against him, if he believes that the charges are false or politically motivated.
Bail Application: If the MLA is still in custody, he can apply for bail in the High Court, citing
his right to attend the assembly session and his status as an elected representative of the
people.
Contempt of Court: If the state law enforcers are found to have acted in contempt of
court, the MLA can file a petition in the High Court seeking appropriate action against them.
Compensation: If the MLA has suffered any harm or loss as a result of his arrest and
detention, he can file a petition in the High Court seeking compensation for the same.
It is important to note that the remedies available to the MLA may depend on the specific
circumstances of his case and the relevant laws and regulations.

16. X entered into a contract with the state financial corporation for a loan of Rs.10
crores for the construction of a hotel. On the basis of agreement X started the
construction work by spending his o w n money. The loan which w a s previously
sanctioned was refused by the corporation. What remedies are available to X under
law?

If X entered into a contract with the state financial corporation for a loan of Rs.10 crores
for the construction of a hotel, but the loan which was previously sanctioned was refused by
the corporation, X may have the following remedies available under the law:

Specific Performance: X can file a suit for specific performance of the contract, seeking an
order from the court directing the state financial corporation to provide the loan as per the
terms of the contract. This remedy would require X to prove that he had performed his
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obligations under the contract, and that the corporation had breached the contract by not
providing the loan.
Damages: X can also claim damages for any loss suffered as a result of the corporation's
breach of the contract. This remedy would require X to prove that he had suffered a loss
as a result of the corporation's breach of the contract, and the amount of damages claimed
would be the amount of loss suffered.
Rescission: X can seek to rescind the contract on the basis of the corporation's breach.
This remedy would allow X to terminate the contract and claim restitution of any amounts
paid or expenses incurred in performance of the contract.
Negotiation and Settlement: X can also attempt to negotiate a settlement with the
corporation outside of court, where the corporation may agree to provide the loan or offer
a settlement amount in lieu of the loan.

Oct 2020:

13.A Habeous corpus petition w a s filed before a High Court under Article 226 o n
the ground
that the detention order w a s illegal. It w a s dismissed. Thereafter another writ w a
s filed in Supreme Court for same relief. Is it maintainable? Decide?

A Habeas Corpus petition was filed before a High Court under Article 226 of the
Constitution of India on the ground that the detention order was illegal, and it was
dismissed, it is possible to file another writ petition in the Supreme Court for the same
relief. This is because the dismissal of the petition by the High Court does not amount to a
bar on filing a subsequent petition before the Supreme Court, as the High Court's decision
is not binding on the Supreme Court.

However, if the same facts and grounds are raised in the subsequent writ petition, the
Supreme Court may refuse to entertain the petition on the ground of res judicata. The
doctrine of res judicata provides that once a matter has been adjudicated by a competent
court, the same issue cannot be re-litigated between the same parties. Therefore, if the
same facts and grounds are raised in the subsequent writ petition, the Supreme Court may
hold that the matter has already been adjudicated by the High Court, and therefore the
writ petition is not maintainable.

However, if there are new facts or grounds that were not raised in the previous petition, or
if there has been a change in circumstances, the Supreme Court may entertain the writ
petition and examine the legality of the detention order. Ultimately, the decision on
whether the subsequent writ petition is maintainable will depend on the specific facts and
circumstances of the case.

14.P entered into a Contract with the state financial corporation for loan of 10 crores
for
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construction of a Dam. On basis of agreement, P started construction work by spending

his own money. The loan was refused byfinancial corporationwhich had been previously
sanctioned. What remedies are available to P under law?

If P entered into a contract with the state financial corporation for a loan of Rs.10 crores
for the construction of a Dam, but the loan which was previously sanctioned was refused by
the corporation, P may have the following remedies available under the law:

Specific Performance: P can file a suit for specific performance of the contract, seeking an
order from the court directing the state financial corporation to provide the loan as per the
terms of the contract. This remedy would require P to prove that he had performed his
obligations under the contract, and that the corporation had breached the contract by not
providing the loan.
Damages: P can also claim damages for any loss suffered as a result of the corporation's
breach of the contract. This remedy would require P to prove that he had suffered a loss as
a result of the corporation's breach of the contract, and the amount of damages claimed
would be the amount of loss suffered.
Rescission: P can seek to rescind the contract on the basis of the corporation's breach. This
remedy would allow P to terminate the contract and claim restitution of any amounts paid or
expenses incurred in performance of the contract.
Negotiation and Settlement: P can also attempt to negotiate a settlement with the
corporation outside of court, where the corporation may agree to provide the loan or offer
a settlement amount in lieu of the loan.

15.A government truck is employed in famine relief operations. Due to drivers

negligence
the truck overturns. One of the passengers in the truck is injured and he sued the
government for damages. Decide?

In this case, the injured passenger may sue the government for damages under the principle
of vicarious liability. The government is responsible for the actions of its employees while
they are performing their duties, including any negligence on the part of the driver of the
government truck.

In order to establish liability, the injured passenger would need to prove that the driver
was negligent in his driving and that this negligence caused the accident and subsequent
injury. The injured passenger would also need to show that the driver was acting in the
course of his employment at the time of the accident.

Assuming these elements can be established, the government would be liable for the
damages suffered by the injured passenger. The government may be required to
compensate the injured passenger for medical expenses, lost income, and other damages
related to the injury.

It is important to note that the government may have certain immunities and limitations on
liability, depending on the specific laws and regulations in place. However, in general, the
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government can be held liable for the actions of its employees under the principle of
vicarious liability.

16.A Tribunal of limited Jurisdiction exercised jurisdiction o v e r the subject matter

of a dispute, erroneously interpreting a statutory provision and passed an order, where
it has
no authority to pass. This was challenged in the court of law? Decide on the case?

If a Tribunal of limited Jurisdiction exercised jurisdiction over the subject matter of a

dispute, but erroneously interpreted a statutory provision and passed an order where it has
no authority to pass, this order can be challenged in a court of law. The court may declare
the order to be null and void, and set it aside.

The court may also provide appropriate relief to the aggrieved party, such as an order for a
new hearing before the Tribunal or a direction to the Tribunal to reconsider the matter in
accordance with the law.

However, it is important to note that in some cases, there may be certain limitations on the
ability of a court to review the decisions of a Tribunal of limited Jurisdiction. For example,
if the Tribunal has been given exclusive jurisdiction over a particular matter, the court may
not be able to review its decision except in very limited circumstances.

Overall, the specific outcome of a challenge to the order of a Tribunal of limited

Jurisdiction will depend on the facts and circumstances of the case, as well as the relevant
statutory provisions and legal precedents. .

July /Aug 2019

13.Couple of students were caught by the University Squads while copying in the Board
Exam. The students gave an undertaking to the Registrar that they will never copy in
future. Both of them were debarred from appearing the examination for an year
Students contend that they were not given opportunity. Discuss the legalities

If a couple of students were caught copying in a Board Exam and were subsequently
debarred from appearing in the examination for a year, the legalities of the matter will
depend on the specific procedures and rules of the University in question.

If the University has a well-defined procedure for dealing with cases of cheating or copying
during exams, it may be required to follow that procedure before taking any punitive action
against the students. This may include giving the students an opportunity to present their
case and defend themselves against the allegations of cheating.

If the University did not follow its own procedures or did not provide the students with an
opportunity to defend themselves, the students may have grounds for challenging the
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debarment in a court of law. They may argue that the debarment was arbitrary, unjust, or in
violation of principles of natural justice.

On the other hand, if the University followed its procedures and provided the students with
a fair opportunity to present their case, the debarment may be considered legal and valid.
The fact that the students gave an undertaking to the Registrar that they would not cheat
in future does not necessarily mean that they cannot be punished for their past actions,
particularly if the punishment is within the University's disciplinary jurisdiction.

Overall, the specific legalities of the case will depend on the facts and circumstances of the
matter, as well as the applicable laws and regulations.

14.The State Legislature enacted an Act and Rules. Government wanted to enforce the
rules of the act, but has not released any official gazette or order. Can the
government enforce such rules on public at large? Decide on the remedies for the
grievances of public giving reasons.

No, the government cannot enforce the rules of the Act on the public at large if they have
not been officially gazetted or notified. In general, the legal principle is that laws or
regulations must be properly published in order to be enforceable. This is because citizens
have a right to know the laws and regulations that apply to them, and the government has an
obligation to ensure that laws and regulations are published in a clear and accessible manner.

If the government wishes to enforce the rules of the Act, it must first publish them in an
official gazette or notification, so that the public is aware of their existence and can
comply with them. Failure to do so would be a violation of the principles of natural justice
and would expose the government to legal challenges from affected parties.

If the public is aggrieved by the failure of the government to publish the rules, they may
seek remedies through the courts. One possible remedy is to file a writ petition under
Article 226 of the Constitution, which allows the High Court to issue directions or orders to
any person or authority within its jurisdiction. The High Court may direct the government to
publish the rules in question and take any other necessary steps to ensure compliance with
the law.

In summary, the government cannot enforce rules of an Act on the public at large without
properly publishing them in an official gazette or notification. If the government fails to do
so, affected parties may seek remedies through the courts, including writ petitions and
other legal actions.

15.P" was an applicant for the post of Chief Executive Officer". He is member of
selection committee. P was selected for the post. Q who also applied for the post did
not get selected. Decide what ground doeshave as remedies
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Q, who applied for the post of Chief Executive Officer and was not selected, may challenge
the selection process on the ground of bias and conflict of interest. P, who was a member of
the selection committee, had a direct interest in the outcome of the selection process, as
he was also an applicant for the same position. This creates an appearance of bias and raises
concerns about the fairness and impartiality of the selection process.

Q may argue that the selection process was unfair and violated the principles of natural
justice, as P was involved in the decision-making process despite having a clear conflict of
interest. Q may seek remedies such as cancellation of the selection process, reconstitution
of the selection committee, or a fresh selection process with proper safeguards to prevent
bias and conflict of interest.

Additionally, Q may also challenge the legality of the selection process on other grounds,
such as non-compliance with the eligibility criteria or procedural irregularities.

16.A Court has exceeded its jurisdiction and decided the matter and has given a
decree.
What kind of remedy can be sought in the matter? Explain with reasons.

If a court has exceeded its jurisdiction and given a decree, the aggrieved party can seek a
remedy by way of an appeal or revision.

An appeal is a legal proceeding in which a higher court reviews the decision of a lower court.
If the lower court has exceeded its jurisdiction, the higher court may set aside the lower
court's decision and may pass a fresh order based on the correct interpretation of the law.

A revision is a remedy available to a party to challenge an order or judgment passed by a

court which has acted outside its jurisdiction. The revisional jurisdiction is generally
exercised by the higher courts to correct errors or irregularities in the judgments passed
by the lower courts.

Additionally, if the court has exceeded its jurisdiction and passed a decree which is illegal
or without jurisdiction, the aggrieved party can also file a writ petition before the High
Court under Article 226 of the Constitution of India seeking the issuance of a writ of
certiorari to quash the order or decree passed by the court.

Jan 2019

13. Under the sales tax act, power is delegated to the Government to determine the
rate of tax between the minimum and maximum prescribed in the act. A trader
challenged it in the court on the ground of excessive delegation. Will he succeed?
Examine.
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The principle of excessive delegation refers to a situation where the legislature delegates
its powers to the executive in a manner that is beyond what is permitted under the
constitution. In the case of the sales tax act, the power to determine the rate of tax
between the minimum and maximum prescribed in the act has been delegated to the
government.

To determine whether this delegation of power is excessive or not, it is necessary to

examine whether the delegation is within the limits prescribed by the constitution. The
Indian Constitution, for example, allows for delegation of powers by the legislature to the
executive, subject to the condition that the delegation is not excessive.

In the case of the sales tax act, the delegation of power to the government to determine
the rate of tax appears to be within the constitutional limits, as it is specifically provided
for in the act. Therefore, it is unlikely that the trader challenging the delegation of power
on the grounds of excessive delegation will succeed.

However, if the government were to use this delegated power to set the tax rate in a
manner that is arbitrary or discriminatory, the trader may have grounds to challenge the
rate of tax on those specific grounds.

14. A State Government, with a view to promote start up industries, declared sales
tax holiday to the effect that the product of new industries will be exempted from the
levy of sales tax. A company started the construction of an industry relying upon the
statement. Later the state Government changed its policy and the entire product
was subjected to tax. The company filed a petition in the court challenging the action
of the Government. Decide

The company may have a valid claim against the state government for breach of legitimate
expectations. The doctrine of legitimate expectation is a principle of administrative law
that protects individuals who have a reasonable expectation of being treated in a certain
way by public authorities. In this case, the state government made a representation to the
company that its product would be exempt from sales tax, which induced the company to
invest in the construction of the industry. The company had a legitimate expectation that
the representation would be honored.

If the state government later changed its policy and subjected the company's product to
sales tax, without any reasonable justification, it could be considered a breach of the
company's legitimate expectation. The court may order the state government to either
honor the original policy or compensate the company for any losses suffered due to the
change in policy.

However, it is important to note that the exact legal remedies available to the company may
depend on the specific laws and regulations in place, as well as the facts of the case. The
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company may want to consult with a lawyer to explore their options and determine the best
course of action.

Aug/Sep 2018

13,A was an applicant for the post of Professor of Law. He was also a member of the
Selection Committee. Finally he was selected. B another applicant for the same
post was not selected B wants to challenge the Selection Process. Advise him.

If B wants to challenge the selection process, the first step would be to review the rules
and regulations set by the institution regarding the selection process for the post of
Professor of Law. It is important to understand the criteria, procedures, and qualifications
required for the post.

If B believes that there were irregularities or biases in the selection process, he can file a
complaint or appeal with the appropriate authorities or committee. He can also request for a
review of the selection process or an investigation into any alleged violations of the rules
and regulations.

B should provide evidence to support his claim and present it in a clear and concise manner.
It is important for B to remain professional and respectful throughout the process and
avoid making baseless accusations or personal attacks.

15.A driver's Licence was revoked by the Police authority on the ground of
Misconduct.
Without giving him a reasonable opportunity to rebut the allegations made against
him. The cab driver filed a petition. Can he succeed.

The success of the cab driver's petition would depend on a variety of factors, including the
specific laws and regulations in the jurisdiction where the revocation occurred, the nature
of the alleged misconduct, and the evidence presented in the case.

In general, individuals have a right to due process under the law, which includes the right to
be heard and to have an opportunity to defend themselves against accusations. If the driver
was not given a reasonable opportunity to rebut the allegations made against him, this could
be a violation of his due process rights.

The driver could argue that the revocation of his license was unfair and should be reversed
or modified to allow him to have an opportunity to present his case. He may also argue that
the evidence presented against him was insufficient to support the revocation.

Ultimately, whether or not the driver's petition will succeed will depend on the specific
circumstances of the case, including the laws and regulations in the relevant jurisdiction and
the strength of the evidence presented by both sides. It is recommended that the cab
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driver consult with an experienced attorney to assess the strength of his case and explore
his legal options.

A had let out his Flat to B for 99 year at the rate E 2500 a year. He however due to
war conditions, agreed to reduce the rent by fifty percent. After the war was over
tenants returned. A demanded full amount of rent to which B objected relying on
AS assurance. Advise A.

Based on the information provided, it seems that A had agreed to reduce the rent by 50%
due to war conditions. Therefore, A cannot demand the full amount of rent from B now that
the war is over and tenants have returned.

B may rely on the assurance (presumably given by A) that the rent would be reduced by 50%
during the war conditions. This assurance creates a binding agreement between A and B, and
A cannot unilaterally change the terms of the agreement without B's consent.

Therefore, my advice to A would be to honor the agreement that was made with B during
the war conditions and accept the reduced rent amount that was agreed upon. If A insists
on demanding the full amount of rent, B may have grounds to take legal action against A for
breach of contract.

16.An organization, working to curb the evil of corruption, filed a petition before the
Supreme Court seeking a writ of Mandamus against the Government Bill.
Is the petition maintainable? Give reasons.

A writ of mandamus is a legal remedy that can be sought by an individual or organization to

compel a public official or authority to perform a duty that they are legally obligated to
perform. The writ of mandamus can only be granted by a court with appropriate jurisdiction.

Whether a petition seeking a writ of mandamus is maintainable or not depends on several

factors, including the specific circumstances of the case and the jurisdiction in which the
petition is filed. In general, the following conditions must be satisfied for a petition seeking
a writ of mandamus to be maintainable:

The petitioner must have a legal right to the performance of the duty sought to be
enforced.
The respondent must have a legal obligation to perform the duty.
There must not be any other equally effective remedy available to the petitioner.
The duty sought to be enforced must be of a public nature.
In the case mentioned, the organization is seeking a writ of mandamus against the
government bill to curb the evil of corruption. Whether the petition is maintainable or not
depends on whether the above-mentioned conditions are satisfied or not.

May /June 2018

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14.The Uniform Civil code was enacted by the Parliament conferring power on the
Central Government to appoint a day for its commencement.
Government has failed to exercise power, as a result the law in question was not
in force for ten years from the date of its enactment. A public spirited citizen fled
a write petition seeking a direction to the Government to bring the law into force.
Can he succeed? Discuss.

In the case mentioned, the Uniform Civil Code was enacted by the Parliament, conferring
power on the Central Government to appoint a day for its commencement. However, the
Government has failed to exercise its power, as a result, the law in question was not in force
for ten years from the date of its enactment.

A public-spirited citizen can file a writ petition seeking a direction to the Government to
bring the law into force. However, whether the petition will succeed or not depends on
several factors, including the specific circumstances of the case and the jurisdiction in
which the petition is filed.

In general, the following conditions must be satisfied for a writ petition seeking a direction
to the Government to bring a law into force to succeed:

The petitioner must have a legal right to enforce the law in question.
The law in question must be of public importance.
The Government must have a legal obligation to bring the law into force.
There must not be any other equally effective remedy available to the petitioner.
The court must have appropriate jurisdiction to hear the petition.
If these conditions are satisfied, the court may direct the Government to bring the law into
force.

15.The passport of a journalist was impounded by the Indian Government in public

interest without giving him an opportunity before taking the impugned action. Is it
violative of the principles of natural justice? Decide.

Natural justice is a fundamental principle of law that requires decision-makers to act fairly
and impartially when making decisions that affect the rights and interests of individuals.
The principles of natural justice require that any person who is likely to be affected by a
decision must be given a reasonable opportunity to be heard before the decision is made.

In the case mentioned, the passport of a journalist was impounded by the Indian
Government in public interest without giving him an opportunity before taking the impugned
action. Whether this action is violative of the principles of natural justice or not depends on
several factors, including the specific circumstances of the case and the jurisdiction in
which the action was taken.
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In general, the impounding of a passport is a serious action that can significantly restrict a
person's freedom of movement and travel. Therefore, it is essential that the principles of
natural justice are followed when impounding a passport.

If the impounding of a passport is done without giving the affected person an opportunity
to be heard, it can be seen as a violation of the principles of natural justice. In such cases,
the affected person can challenge the action and seek appropriate remedies.

Therefore, in the case mentioned, if the journalist was not given an opportunity to be heard
before his passport was impounded, it can be considered a violation of the principles of
natural justice. The journalist may challenge the action and seek appropriate remedies, such
as the return of his passport or compensation for any damages suffered as a result of the
impounding.

16.A car was owned and maintained by the State Government for the official use of
the District Judge. Due to rash and negligent driving of the car, a pedestrian was
killed. Is the government liable to pay damages to the dependants? Discuss.

In the case mentioned, a car was owned and maintained by the State Government for the
official use of the District Judge. Due to rash and negligent driving of the car, a pedestrian
was killed. Whether the government is liable to pay damages to the dependants or not
depends on several factors, including the specific circumstances of the case and the
jurisdiction in which the accident occurred.

In general, the government can be held liable for damages caused by its vehicles if it can be
established that the accident occurred due to the negligence of the driver or the failure of
the government to properly maintain the vehicle. This liability is based on the principle of
vicarious liability, which holds the employer liable for the actions of its employees, including
drivers of government-owned vehicles.

In the case mentioned, since the car was owned and maintained by the State Government
for the official use of the District Judge, the government can be held vicariously liable for
the accident caused by the rash and negligent driving of the car. The dependents of the
pedestrian who was killed in the accident may claim damages from the government for their
loss.

However, the exact amount of damages that can be claimed by the dependants may depend
on various factors such as the income of the deceased, the age of the dependants, and the
specific laws and regulations of the jurisdiction in which the accident occurred.

Therefore, in conclusion, the government can be held liable to pay damages to the
dependants if it is established that the accident occurred due to the negligence of the
driver or the failure of the government to properly maintain the vehicle.

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13.A M.LA. belonging to'opposition party was arrested and detained by the police,
depriving him of hie right to attend the assembly session. What are the remedies
available to him against the state lawlessness?

If an M.LA. belonging to the opposition party was arrested and detained by the police,
depriving him of his right to attend the assembly session, he may have several remedies
available to him against the state lawlessness. Some of these remedies are as follows:

Habeas Corpus Petition: The M.LA. may file a writ of habeas corpus before the appropriate
court, challenging the legality of his detention. The writ of habeas corpus is a legal remedy
that requires the detaining authority to produce the person before the court and justify
the legality of the detention.

Quashing of the Arrest: The M.LA. may file a petition to quash the arrest and detention
order issued by the police. The petition can be filed before the High Court, and it seeks to
declare the arrest and detention order as illegal, void, and of no effect.

Civil Suit: The M.LA. may also file a civil suit for damages against the state and the police
officers involved in the illegal detention. The suit can seek compensation for the loss of the
M.LA.'s constitutional rights and the loss of opportunity to attend the assembly session.

Complaint to Human Rights Commission: The M.LA. may also approach the State or National
Human Rights Commission and lodge a complaint against the state and the police officers
involved in the illegal detention. The Human Rights Commission may investigate the matter
and recommend appropriate action against the guilty parties.

Public Interest Litigation: The M.LA. may also file a public interest litigation (PIL) before
the High Court or the Supreme Court, seeking to vindicate the constitutional rights of all
citizens against the state lawlessness.

In conclusion, an M.LA. who is arrested and detained by the police, depriving him of his right
to attend the assembly session, may have several remedies available to him against the
state lawlessness. The appropriate remedy may depend on the specific circumstances of the
case and the jurisdiction in which the incident occurred.

14. X a government employee traveling in a government vehicle used for Famine Relief
Worker lost his life due to neg!ligence of driver of the Vehicle. X's widow filed a suit
against the state for damages- Explain.

In the case mentioned, a government employee was traveling in a government vehicle used
for famine relief work and lost his life due to the negligence of the driver of the vehicle.
The deceased employee's widow filed a suit against the state for damages. The state can be
held liable for damages under the following circumstances:
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Vicarious Liability: The state can be held vicariously liable for the negligence of its
employees, including the driver of the government vehicle. This is based on the principle of
vicarious liability, which holds an employer liable for the wrongful acts of its employees
while they are acting within the scope of their employment.

Failure to Provide a Safe Working Environment: The state can also be held liable if it is
established that it failed to provide a safe working environment for the deceased employee.
This duty extends to ensuring that government vehicles are properly maintained and drivers
are adequately trained.

Violation of the Right to Life: The state can also be held liable if it is established that the
death of the employee was a violation of his right to life under the Constitution or any other
applicable law.

In the case mentioned, since the deceased employee was traveling in a government vehicle
used for famine relief work, the state can be held vicariously liable for the negligence of
the driver of the vehicle. Additionally, if it can be established that the state failed to
provide a safe working environment or violated the deceased employee's right to life, the
state can also be held liable for damages.

The damages that can be claimed by the deceased employee's widow may depend on several
factors, including the deceased employee's income, the age and number of dependents, and
the specific laws and regulations of the jurisdiction in which the incident occurred.

In conclusion, the state can be held liable for damages if it is established that the
negligence of its employee caused the death of a government employee, or if it failed to
provide a safe working environment or violated the deceased employee's right to life. The
deceased employee's widow may file a suit for damages against the state.

14.A had let out his Flat to B for 99 year at the rate E 2500 a year. He however due
to war conditions, agreed to reduce the rent by fifty percent. After the war was over
tenants returned. A demanded full amount of rent to which B objected relying on
AS assurance. Advise A.

In the given scenario, A had let out his flat to B for 99 years at the rate of E 2500 per
year, but due to war conditions, A agreed to reduce the rent by fifty percent. After the
war was over, A demanded the full amount of rent to which B objected, relying on A's
assurance to reduce the rent during the war.

In this case, A had given an assurance to B to reduce the rent during the war, which B had
relied upon. Such assurances create a binding obligation on the promisor to fulfill the
promise. Therefore, A cannot go back on his promise to reduce the rent during the war and
demand the full amount of rent from B.
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The legal principle that applies in this case is the principle of promissory estoppel. This
principle is based on the concept of equity and states that where a promise is made and
acted upon by the promisee, the promisor is prevented from going back on his promise.

Therefore, A cannot demand the full amount of rent from B and must continue to charge
the reduced rent as agreed during the war conditions. B may rely on the principle of
promissory estoppel to enforce A's promise to reduce the rent during the war. If A fails to
honor his promise, B may have a legal remedy to enforce the promise through a court of law.

In conclusion, A is bound to fulfill his promise to reduce the rent during the war, and B can
rely on the principle of promissory estoppel to enforce this promise. A cannot demand the
full amount of rent from B and must continue to charge the reduced rent as agreed during
the war conditions.

15.A Tribunal of limited jurisdiction exercise Jurisdiction over the subject matter of
dispute by erroneously interpreting a statutory provision, and passed an order which it
has no authority to pass. This was challenged through a writ petition. Will the
petitioner succeed?
If yes what type of writ can be issued in such a case?

If a tribunal of limited jurisdiction has passed an order that it has no authority to pass by
erroneously interpreting a statutory provision, the order can be challenged through a writ
petition in a high court or the Supreme Court of India, depending on the nature and gravity
of the case.

In such a case, the petitioner is likely to succeed in getting the order quashed or set aside
because the tribunal has exceeded its jurisdiction and acted ultra vires. The principle of
ultra vires means that a tribunal cannot act beyond its statutory authority, and if it does so,
its decision becomes invalid and unenforceable.

The petitioner can file a writ petition under Article 226 of the Indian Constitution in the
high court or a writ petition under Article 32 of the Indian Constitution in the Supreme
Court of India. The writ of certiorari can be issued in such a case, which is a writ issued by
a superior court to a lower court or tribunal to quash its order if the order is passed
without jurisdiction or in excess of jurisdiction.

The writ of certiorari can be issued on the ground of a manifest error of law or error
apparent on the face of the record. In this case, the erroneous interpretation of the
statutory provision by the tribunal resulting in an order that it has no authority to pass
would be a manifest error of law, which can be corrected by the writ of certiorari.

Therefore, the petitioner is likely to succeed in getting the order of the tribunal quashed
or set aside by filing a writ petition and seeking the issuance of a writ of certiorari.

16.The Government has granted r:ining in favcur of poliiticaiiy influencial person on

pick end choose basis. A public spirited citizen went to file a petition challenging the
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government action. Can be do so? What pe of relief he can ask for ?

Yes, a public-spirited citizen can file a petition challenging the government's action of
granting mining leases in favor of politically influential persons on a pick and choose basis.

The citizen can file a writ petition in the high court under Article 226 of the Indian
Constitution. In the petition, the citizen can seek a writ of mandamus, which is a judicial
order that commands a public authority to perform its public duties in a lawful manner. In
this case, the citizen can seek a writ of mandamus directing the government to cancel the
mining leases granted to politically influential persons and to follow a transparent and fair
procedure in granting mining leases to eligible persons.

The citizen can also seek a writ of certiorari, which is a judicial order that quashes a
decision of a public authority if it is found to be illegal or ultra vires. In this case, the
citizen can seek a writ of certiorari to quash the decision of the government to grant mining
leases to politically influential persons on a pick and choose basis.

Furthermore, the citizen can also seek a writ of prohibition, which is a judicial order that
prohibits a public authority from acting beyond its jurisdiction or in violation of the
principles of natural justice. In this case, the citizen can seek a writ of prohibition to
prevent the government from granting mining leases to politically influential persons on a
pick and choose basis in the future.

Therefore, a public-spirited citizen can file a petition challenging the government's action
of granting mining leases in favor of politically influential persons on a pick and choose basis,
and can seek various types of writs as discussed above