2023 Ballb End Term Sem 4

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

/ET/April-23/CPC
Time - 03 Hours Max-Marks :- 70
April - 2023
Civil Procedure Code
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. When court can appoint receiver? What are the rights and duties of receiver? Which court
can appoint receiver? When superior court can appoint receiver for the case triable by
inferior court?
2. What is interpleader suit? When it can be instituted? A lets certain lands to B. C alleges
that the lands never belonged to A, and claims the rent from B. Whether B can sue? If
yes, to whom? What if C claims the rent, alleging that the lands were sold to him by A
after the same were let to B.
3. Who is an indigent? What process need to be followed to sue as indigent? Whether
followings are indigent? Give reasons to your answer.
(a) In a matrimonial case the wife admitted that she has Rs 75000 as fixed deposit in
the bank but the receipt is with her in-laws;
(b) Property belonging to petitioner under a deed of settlement giving him only a life
estate without any power of alienation;
(c) share of a minor in joint family properties.
4. When commission can be issued? Which court is to issue the commission? Whether
Plaintiff/defendant asking for commission to examine himself be issued? If court can
appoint commission for the recovery of royalty along with an order directing a
commissioner to decide on the rate at which commission should be paid to the plaintiffs,
after ascertaining the prevailing rate? Answer with reason.
5. When suit will be dismissed under Order IX? Can it be restored? A case was fixed for
final hearing on a day which was subsequently declared to be a holiday. On the following
day, the case was disposed of ex parte without the consent of the parties. Decide the
validity of proceeding.
6. Who can be joined as plaintiff? What is non joinder and misjoinder of parties? ‘A’
publishes a series of books under the title of The Oxford and Cambridge Publications, so
as to induce the belief that the books are publications of the Oxford and Cambridge
Universities or either of them. If the two Universities may join as plaintiffs?

(SECTION – B) (02X05)
Write short notes on:
7. Differentiate between res judicata and res subjudice.
8. What is suit of civil nature?
9. What is a decree?
10. What kinds of jurisdiction are given under CPC?
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./IV Sem./ET/April-23/Const.
Time - 03 Hours Max-Marks :- 70
April - 2023
Constitutional Law-II
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. What are the grounds for impeachment of an Ordinance? Do you agree that successive re-
promulgation of Ordinances by the State is a colourable exercise of power and as such a
fraud on the Constitution? Justify your answer by citing suitable case law.
2. “It is time that Parliament has a rethink on whether disqualification petitions concerning a
member of the House ought to be entrusted to a presiding officer of the House as a quasi-
judicial authority when such presiding officer continues to belong to a particular political
party either de jure or de facto”.
Explain the aforesaid statement and write a critique of the present anti-defection law.
3. “The Nine Judges Bench, in a mighty seizure of power wrested authority to appoint or
transfer judges from the top Executive to themselves by a stroke of adjudicatory self-
enthronement”.
Comment on the statement and write an essay on the evolution of the present practice of
appointing Supreme Court judges.
4. Explain the following with the help of case law-
a. Doctrine of Territorial Nexus
b. Doctrine of Colourable Legislation
c. Doctrine of Pith and Substance
5. What do you understand by the failure of constitutional machinery in a State? What are the
consequences of the President's rule under Article 356 in the state concerned? Take the help
of case law in answering the questions.
6. What are the Substantive limitations on the amending power of the Parliament under Article
368 of the Constitution? Explain with the help of relevant case law.

(SECTION – B) (02X05)
Write short notes on:
7. Point out the discretionary powers of the President of India.
8. Ajay Kumar Pal v. Union of India, AIR 2015 SC 715.
9. Rojer Mathew v. South Indian Bank Ltd, AIR 2019 SC (Supp) 2419.
10. Distinguish between „layer-cake federalism‟ and „marble-cake federalism‟.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./IV Sem./ET/April-23/FL-II
Time - 03 Hours Max-Marks :- 70
April - 2023
Family Law-II
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. Elaborate the essential characteristics of a Mitakshara coparcenary. In what respects it
differs from Mitakshara joint family?
(a) A dies in 2022 leaving behind ancestral and separate properties. The tax authorities
want to tax the above mentioned properties in the hands of his heirs. How the properties
to be taxed if A is governed by Mitakshara coparcenary and is survived by
(i) Widow, son and a step-mother
(ii) His son and daughter-in-law and a grand-daughters
(b) Examine whether following constitutes a joint Family
(i) Widows of two brothers
(ii) A married daughter living with her son and husband in her father’s house. There is
no brother and father. Mother stays with the daughter
(iii) Unmarried brothers and sisters.
2. (a) Explain the formalities of Effecting a valid Will under Muslim Law and differentiate
it with Hiba under Muslim Law?
(b) Examine the validity of following Hiba orwill made by a Muslim Person
(a) A, Muslim female makes a Hiba to her minor step-son. The gift is accepted by the
biological mother. Father of the boy is missing for seven and half years. Boy lives
with her maternal grandparents
(b) A Muslim makes a gift of his gardens to a non-Muslim by giving him the papers as
well as keys of the Garden
(c) Anwar a Shia Muslim marries Razia a Sunni Muslim according to the sharia. Later
they get their marriage registered under SMA-1954. He bequeaths ¾ of his property
to razia. His mother and father challenge the will.
(d) Rahim bequeaths 1/3 of his property to a protestant church. He is survived by two
sisters.
(e) A Sunni female bequest her entire property in favour of an orphanage. She is
survived by a son’s daughter and two consanguine brothers
(f) A shia female bequest ¼ of her property to her sister and then commits suicide. She
is survived by husband and son.
(g) A makes a gift to B of a property which the B will only get after the death of his
only daughter.
(h) A Sunni male bequest 1/3 of his property in favour of his daughter. He is survived
by wife and father.
(i) A Sunni Muslim dies behind leaving an asset worth 1 lakh 20 thousand. He
bequeaths 20,000 to A, 30,000 to B and 40,000 to C. What will be the validity if
heirs have not consented and the amount each will get?
(j) A Shia Female makes a gift of 20 lakhs rupees in favour of lord Krishna temple.
3. (a) Differentiate between coparcenary and self- acquired property? What property can be
alienated by karta and under what circumstances?
(b) Examine the nature of properties below
(a) X,a father dies in 1998 bequeathing his separate property to his two sons S1 and S2
in following terms “ My two sons aforesaid who are now alive , together with all
the son born to them thereafter, shall divide all my properties into as many equal
shares as there be son and each son would take one share”.
(b) A joint family consisting of father and son had considerable JFP .in addition they
were running a sugar mill in partnership. The father died intestate in 2021. The son
did not include the share of these mill received through HAS 1956 under JFP wealth
and did not file tax for the same. The wealth Tax Commissioner wants to tax this
wealth too. Will he succeed?
(c) Karta received a plot of land from his maternal grandfather. He sold this land and
from half of the proceeds renovated his ancestral house and gave other half to his
daughter as gift. His son has challenged this gift as invalid as he contends it to be an
unlawful alienation.
(d) A Karta of a Joint family buys 100 shares of 100 rs from a joint family fund in a
company whose capital consists of 5,000,000. He becomes the MD of the company
basis of M.B.A, LL.B degree and 100 shares. He is entitled to remuneration of
25,000 and 2% of capital profit. Can his son claim share in his income?
(e) A share received on partition by a Widow.
4. Explain the concept of partition along with the relevant case laws under Hindu law?
(a) A joint Family consists of father, his wife, a brother and a sister. His two sons S1 and
S2 and a married daughter D1 who is living with a Muslim man . His elder has son
marrieda Hindu woman under SMA 1954. D wants her share. Partition property by
metes and bounds
(b) A Hindu joint family consists of three brothers Br1, Br2 , Br3 their mother and Br2 has
2 sons and 1 daughter. Whereas br3 is a childless widower and Br1 is in alive in
relationship with a Muslim woman and have one son from that relationship. Partition
the property and calculate each member share
(c) A Hindu Joint Family consists of father, his wife; two sons S1 and S2, each son have
one daughter and one son. Another widow of a predeceased son and her two sons SS1
and SS2. Partition the property and calculate each member share
5. Allot the share under Islamic Law
(a) X a Sunni male dies leaving behind an illegitimate son, unchaste daughter d1, another
married daughter d2, a daughter of a predeceased son and a son of a pre-deceased
daughter.
(b) X Sunni female contracts a Muta marriage with Shia male and a son is born to them.
After the termination of Muta, she marries a Shia male and has 2 sons and 3 daughters.
She is diagnosed with cancer and thus makes a will of 1/3 of her property in favour of
son born out of Muta Marriage. She dies in 2023.
(c) A Sunni male was in a relationship with a Christian man and he adopted two sons.
Later on he marries a Shia female and has one daughter. He pronounced triple talaq on
her. After that he marries a Sunni female and has one son, one daughter and a
transgender child. She also has a mother and two sisters.
6. Decide the shares under Hindu Law
(a) Mala was in a relationship with Ahmed for 7 years. Ahmed had a son (Samar) from
previous marriage. On the death of Ahmed, Mala legally adopted Samar. Mala then
married Anil according to Hindu Law. Anil dies within 1 year of marriage and Mala
leaves her matrimonial home. Mala is a member of Joint family and forms coparcenary
with her two brothers and father. She also has a mother. On her death, Mala’s brother-
in-law and his wife is claiming her property as her heirs as she and Anil had no children
and she died a childless widow. Whereas her father and brother are claiming this
property as the source is natal family so in absence of children property should revert
back to them. Decide
(b) A Hindu male dies as a member of undivided coparcenary and is survived by father two
brothers, living son S1, living Daughter D1, a widow of a predeceased son S2W (who
has married a Parsiunder SMA. 1954) a son SS2 and a daughter SD2 , another daughter
D2 is living with a married Sikh man and have two sons. Her youngest third son has
had a sex change operation and is now living as a woman in Chicago.
(c) A dies as a member of Mitakshara coparcenary and is survived by his mother two
brothers, one sister who is divorcee , a living daughter D, a widow of a predeceased son
SW, this pre deceased son S had married another female W1 and have three daughters
from that marriage SD1 SD2 SD3, he has another separated son S2.
(SECTION – B) (02X05)
Write short notes on:
7. Examine the validity of following Alienation done by a karta who is also a father
(a) Sold a land to construct pucca house for the family.
(b) For adoption of minor son for the kata’s son.
(c) Sold a property which was quite far away to purchase more accessible property
(d) An alienation of the entire family property with a view to stay with his father-in-law as
his wife was not willing to come and stay with him.
(e) A house belonging to the joint family worth rs 50 lakhs is sold by karta for rs 1 crore.
8. Discuss the remedies available to coparceners to protect their interest in the coparcenary
when the Karta wants to sell the same for legal necessity without consulting them.
9. Discuss the exceptions to the principle of delivery of possession of property under a gift
under Muslim Law.
10. Write short note on disqualification from inheritance under Hindu law.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./IV Sem./ET/April-23/IPC-I
Time - 03 Hours Max-Marks :- 70
April - 2023
Indian Penal Code-I
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)

1. Criminal law is essentially territorial in its extent but may have extraterritorial application
in certain situations. Explain this statement with the help of statutory and case law. (10)
A, a French national lived in Austria at relevant time. A‟s parents had migrated to France
in 1960 and she still has her ancestral property and relatives in India. A‟s daughter-in-law
B is an Indian national but lived in Malaysia with her husband C, also a French national,
as her husband was employed there.
Upon her coming back to India in April 2023, B lodged an FIR against A for the offence
of abetment of cruelty and against C, for the offence of cruelty under relevant provisions
of IPC. In the FIR it was mentioned that A would often call her son C and instigate him to
beat B allegeing that she was not an obedient wife and daughter-in-law. As a consequence
of the instigation, C would often beat B.
A and C have moved an application for quashing of FIR on the ground that the IPC has
no application in the matter as the alleged offence took place beyond the territories of
India. Decide with relevant statutory and case law. (05)
2. „A conspiracy consists not merely in the intention of two or more, but in the agreement of
two or more to do an unlawful act, or to do a lawful act by unlawful means,‟ In light of
the statement, discuss the law of criminal conspiracy under IPC,1860 with the help of
relevant case laws.
3. Discuss joint constructive criminal liability emanating from section 34, IPC 1860, with
the help of decided cases. How is it different from the liability which arises under section
149?
4. Discuss the “sheet anchor” role of mens rea in the context of criminal liability, citing
relevant English and Indian case law. (10)
In the following two definitions, identify the actus reus of the crime in each of them:
(a) “Whoever, intending to take dishonestly any movable property out of the possession
of any person without that person's consent, moves that property in order to such
taking, is said to commit theft.” (2.5)
(b) “Whoever takes or entices any minor under eighteen years of age, or any person of
unsound mind, out of the keeping of the lawful guardian of such minor or person of
unsound mind, without the consent of such guardian, is said to kidnap such minor or
person from lawful guardianship.” (2.5)
5. Medical science has recognized a variety of mental diseases that contribute to criminal
propensities of an individual; however, it is legal insanity and not medical insanity that
will afford a defence under Indian law on insanity. Substantiate this statement with the
help of statutory and case law. (10)
A was charged with the offence of murder of B. Upon trial, A successfully established
that he was insane at the time of committing the offence and the trial court acquitted him
on the ground of unsoundness of mind. What orders may be passed by the Court pursuant
to A‟s acquittal? Discuss. (05)
6. Andrew Ashworth is of the view that the decision to criminalize a conduct should be
based on sound principles of policy. Write an essay on the fundamental policy
considerations which justify criminalization of human conduct.

(SECTION – B) (02X05)
Write short notes on:
7. Impossible attempts.
8. Briefly comment on Macaulay‟s approach in defining the offence of rape in the draft
Penal Code (1837).
9. Criminal law and social morality.
10. Elements of Crime.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./IV Sem./ET/April-23/MC&CLE
Time - 03 Hours Max-Marks :- 70
April - 2023
Moot Court and Clinical Legal Education
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. What is the objective of agonizing Moot Court Competition in any University/College
imparting legal education? Answer the question with the experience of your own
participation for the same.
2. “Concept of contempt of court is there conciliation of balance between the fundamental
right of freedom of speech and expression and protection of dignity of the courts.”
Comment.
3. “Conduct of advocates in the profession is of much concern and under the advocates act
1961 sufficient measures are provided to deal with any kind of indiscipline.” Explain.
4. “Legal Services Authorities Act 1987Is the enactment of parliament under the pursuance
of article 39A of the Indian Constitution and it is fulfilling the purpose of free legal aid.”
Explain.
5. Write a detailed essay on Lok Adalats.
6. Whether Media Trial is a Boon or Curse? Conclude with logical discussions through
relevant case laws and analyzing the impact on administration of Justice.
(SECTION – B) (02X05)
Write short notes on:
7. Middle Income Citizen Group Scheme for Supreme Court.
8. Basic differences between the functioning of Lok Adalats and Permanent Lok Adalats.
9. Justice Karnan’s contempt case.
10. Election of State Bar Councils’ members/ procedural technicality of contempt in the face
of Supreme Court and High Courts.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./IV Sem./ET/April-23/PIL
Time - 03 Hours Max-Marks :- 70
April - 2023
Public International Law
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. “Now there is one truth that is not open to denial or even to doubt, namely that the actual
body of international law, as it stands today, not only is the product of the conscious
activity of the European mind, but also has drawn its vital essence from a common source
of beliefs, and in both of these aspects it is mainly of Western European origin.” Do you
agree with this statement? Give reasons for your answer.
2. What is meant by the right to self-determination? Critically examine India‟s position on
right to self-determination and how Indian judiciary has dealt with this right?
3. Discuss the concept of „State Responsibility‟ under International Law. When can an act
be attributed to a State? What remedies are available for the injured State?
4. What is Jus Cogens? In case of a conflict between a treaty provision with a jus cogens
norm, what are the possible solutions? Discuss with the help of provisions in the Vienna
Convention on the Law of Treaties.
5. Compare and contrast the state practice of the United States of America and India with
respect to the incorporation of international law into the law of their land. In case of
conflict between a rule of international law and municipal law, which law would the
municipal courts of these countries apply?
6. Discuss in detail the regime of territorial waters.

(SECTION – B) (02X05)
Write short notes on:
7. Write a short note on pacta sunt servanda.
8. Discuss custom as a source of international law.
9. Discuss the position of individual in international law.
10. Discuss the theory of Hugo Grotius on freedom of seas.

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