RMLNLU {LLB SEM/OTORIET/L&C HISTORY May, 2008 ‘Time: 3 Hours ‘Max Marks: 60 LEGAL AND CONSITITUTIONAL HISTORY OF INDIA Answer all the questions Figures in the margin indicate the marks (Section A) (Answer in approximately 200 words) oe 1, ndianization, Decentralization and Economy were the keynote of the Judicial Reform of Willam Bentinck’. Comment. 2. Write a note on the composition and jurisdiction of the High Courts established under the Indian. High Courts Act, 1861, 3. What were the salient provisions of the Minto-Morley Reforms of 1909? 4. What was meant by Provincial Autonomy as envisaged in the Provincial Governments Act of 1935? What were the restrictions on the Autonomy of Provinces? Discuss. (Section-B) (5x02) (Answer in approximately 40 words) 5. Point out any four differences between the Charters of 1687 and 1726. 6. Portfolio system introduced by Canning (Indian Councils Act, 1861). 7. Circumstances that led to the passage of the Indian Councils Act, 1892. 8. Dyarchy in the Provinces (Government of India Act, 1919) 9. Mountbatten Plan, 1946 (20x01) (Section-C) (Write the correct choice/ answer as the need be) 10. @ was the first European nation that took possession of the Island of Bombay. (i) The Charter of 1726 laid down that the Governor and Council was the final court of appeal in all decisions of the Mayor's Court (True/False) (ii) What was the major issue involved in the Nand Kumar Trial? (iv) In the Patna case, Shahbaz’s widow Nadera claimed the entire property of her deceased husband onthe basisof__&_ ) Committees Report led to the passage of the Act of Settlement, 1781. (vi) “The High Courts established at Calcutta Madras, Bombay under the Indian High Court Act 1861made provision for an appeal to the Privy Couneil under certain circumstances (True/False) (wii) The Supreme Court became the court of last resort under the Constitution of India on. (date). (viii) The ICA 1861 restored to the Presidencies of Madras & Bombay, the power of making and amending laws (True/ False) (ix) Which was not in the Provincial List Subject under the GOI, 1919? a. Local Self Government , Public Works c. Patents & Copy Rights di Law and Order (8) After the passage of the Indian Independence Act, 1947 no Provincial bill could be reserved for crown’s assent. (True/False)RMLNLU LLB /USEM/07-08/8/ POLL 2008 ‘TIME: 3 HOURS tical Science - MAX. MARKS: 60 wera @ i) Co) @v) 7 wi) (vii) Answer all the questions Figures in the margin indicate the marks ‘Section A (Answer in approximately 200 words) (4x10) Do you feel India is an emerging power? Give reasons to support your answer. Write a short note on the challenges faced by Indian democracy since Independence. . What are the challenges facing the civil servants in this age of LPG? Or India is facing administrative apathy. Comment. Also discuss some administrative reform in this regard. ‘White @ short essay on causes of corruption in India. Give some suggestions to solve this festering problem. Section B (Answer in approximately 40 words) (6x2) New Public Administration (NPA). Functioning of midday meal scheme in India. ‘Aya Ram Gaya Ram’ culture. ‘Samuel Paul's classification of corruption. Decline in Parliament's functioning, Section C (Write the correct choice /answer as the need be) (10x1) Absenteeism rate of teachers in government schools in India is estimated t0 bE ssesseeee (20%/ 25%/ 30%/ 3: The involvement of mothers in the Midday meal scheme was started on an experimental basis in the State of ......(Karnataka, Tamil Nadu, Andhra Pradesh, U.P) ‘The concept of illiberal democracy across the world was given bY -.... (Amartya Sen/ Fareed Zakaria/ Rajni Kothari/ Nani Palkhivala) ‘The conviction rate in India is estimated to be .....(3 percent/6 percent/16 percent /26 percent) ‘The last time Indian Parliament sat for 100 days in a year was in1988, Since then the average time has slumped to .......(50/60/70/80) in a year. According to the Transparency International's Corruption Perception Index (CPI), 2003 India’s rank on corruption(out of 10) is ....(1.8/2.0/2.5/2.8/3.0), Indians suffers from ‘action shyness’. This statement was made by..... (Paul Appleby/Mark Tully/ J.B.P Sinha/ None of the above) (iii) “It is not that politics is caste ridden. Infact, it is the caste that has become politicized". This (oo & statement, with respect to the changing role of caste in India was made by .... “In order to maintain democracy in form and fact, we need to abandon the methods of disobedience, non cooperation and satyagraha.......which are nothing but grammer of anarchy.........and return to constitutional methods.” This statement was made. by Ambedkar. (True/False) ‘The word corruption is derived from the Latin word ‘corruptus’ which means ‘to destroy’,(True/ False)RMLNLU LE /lISEM/07-08/1/CONT May, 2008, ‘TIME: 03 HOURS LAW.OF conTRAcT +1 MAX. MARKS: 60 4 Answer all the questions Figures in the margin indicate the marks Section A ae ee aM fier chet as cae Ces Goce te wea ae cl ae ae Sa ha aera te oor or By ear fx rman Uy B.A soe sag eet an mnie, Pee nur the gies, eran we doubt et pt ene se of ars , eeaze,omips Ae Rae 8 errs prec cn me a rarer cin es Se Nak agreement. As a result, B obtains in practice, a benefit or obviates a disbenefit. B’s consent for his Ser pete teeth pment iireeniats eo erm unt ent, When netted A sent oe ee came aro ee ean Sepa depres peer emery erate eee 7 ae ae a ca caer ang ae an a garg commeunldy ome idpay ents cease arte occa cas cance uae ty Mel Co aa oarnea” ea om, bts re te an hi hin ad ce aan ee een, Wal maaan i ae ae of inal and mony Heese ae he ei cna Mr uke, nf is anda te Sarita ac aha nd mayan ne pas oe ery Mula a ed alia eating iy BaP meet ee, anneal eneani, wee when Me Tages ce ncn Se yg ae rar ce ee eames ry uum mime Nero Home. 'Go inal of Me nas asc ane len rut rs Mr lla eee evant i th iat cote tty mete document, Nunn kd ware ot with the approval of Narasimhaman and no instructions were given -by him in the matter of ee Pee Seeman adnan aren ta th ane discharged from the Nursing Home and claimed for a declaration that the settlement deed was null de ea ace oe ane os ec ne et eee rae at Ee A age eto err eager ioe ay te Hae Fee es ermcnd ase money tM. Salt, mo ad xo a morga ded Wt dst act tagans Seno Mt, See ho ad corte means ed ee cree! ale rcaee Pires caer aca ee em Cee anne aaa ome cast nee of pation ei ‘Section B (Anower in approximately 40 words) (6x2) What is a distinction between Coilins v. Godefroy (1831) 1 B & Ad. 950 and England v. Davidson (1840) 113 ER 640. Whether past consideration is permitted by the India Contract Act, 1872. Explain the relevant statutory provision of the Act. Mistake as to the identity of the contracting party renders contract voidable. Do you agree with this, statement. Give reasons in support to you answer. Undue influence, and Coercion render contract void. Is the statement true? Furnish reasons. What is a leading case on minors’ contracts and what principle was laid down by the Privy Council in that case? Pro,10. 0 ay fiv) w ‘i (wii) (viii) es ) Section C (Write the correct choice /answer as the need be) (10x1) What is a leading Indian case as to privity of consideration? Can S. 65 of the Indian Contract Act, 1872 be applied to a minor’s contracts. Yes/No Ifa minor procures a loan by executing a mortgage deed by representing that he is a major, will he be estopped from setting up his minority at the time of the execution of mortgage? ‘Yes/No Shall a person who purchases a land with notice that the owner of the land is bound by certain duties created by an agreement affecting the land be bound by them? Give one reason. ‘A person in whose favour a charge in some specific property has been created may enforce it though he is not a party to the contract. In which case was this principle stated? Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud. What is a relevant case relating to this point? Where a contract is induced by fraud, the representee is entitled to claim - (@) rescission (0) damages (¢) both. Coercion invalidating a contract should proceed from a party to the contract. Do you agree with this statement? Yes/No In place of the words ‘ any act forbidden by the indian Penal Code’ in $. 15 of the Indian Contract Act, 1872, what words are recommended to be substituted by the Law Commission of India in its 13 Report, 1958 ‘What is @ leading case on coercion.2. vena 10. 0 co) (ii) tw) «) wi) witty cc Co) RMLNLU- LB SEM /07-08/E7/S00-1 May, 2008 TIME: 3 HOURS soctovoay.1 MAX. MARKS: 60 Answer all the questions Figures in the margin indicate the marks Section A (Answer in approximately 200 words) (¢x10) ‘Caste and politics is related to one another’. Explain this relationship by taking into consideration the caste combination in different states or ‘What do you understand by social problem? Discuss critically the problems of untouchables in India. Explain in detail, the basic features of caste system in India, How is caste system different from the varna system? or Explain the various theories associated with the origin of caste system in India Explain in detail, the historical account of Naxalite Movement in India, Critically evaluate the role of State in dealing with this movement. or Explain in detail, the variations of family, marriage, kinship and youth organization of the tribal society in India, “J.P movement is an exception to the students’ movements in India’. Comment on this statement. or “Reservation to the weaker sections is a positive step’. Comment on this statement with a reference to the issue of merit. Be (Answer in approximately 40 words) (2) Differentiate between tribe, caste and class, Explain the concept of eco-feminism. Write a short note on the process of ‘sanskritisation’. Write a short note on Champaran Movement. Write a short note on the status of women in caste system. Section C (Write the correct choice /answer as the need be) (1ox1) Name the States which do not have schedule tribe population. Ashok Mehta Committee is related to Panchayati Raj reforms. (T/F) The rural society is stratified into three categories of malik, kisan and mazdoor. stratification is given by- ‘The women’s movement is strivi amatriarchy ». matricentrie families. c.androgyny _ d. none Which of the following is not correctly matched? a.Champaran ~ Bihar , Tebhaga- Bengal ¢. Kheda- Rajasthan 4, Telengana- Hyderabad The Constitution (First Amendment) Act deals with the issue of reservation.( T/F) Name the two Committees constituted by government of India for identifying the status of backward castes Appiko movement is associated with- Caste is an: a exogamous group —_b. endogamous group . utilitarian group. indispensable Which of the following is not true of an agrarian «. people live a simple life b. clear di . cultivation is the main occupation d. none iety? ision of labourRMLNLU May, 2008 LLB/II SEM/07-08/ET/TORTS-1 ‘Time: 3 Hours Max Marks: 60 2 Sexe @ Gi) ii) (iv) w) (wi) LAW OF TORTS-II AND CONSUMER PROTECTION ‘Answer all the questions Figures in the margin indicate the marks {Section A) (axto) (Answer in approximately 200 words) . What criteria are used to distinguish an independent contractor from an employee? Explain. A car owned by a hotel is used to convey passengers to and fro the airport. It gets damaged in a collision. The hotel, therefore, in order to continue the airport drop and pickup facility to the customers, contracts with a car rental company to use one of its cars to take hotel guests to the airport. The only driver available is inexperienced, and while driving the passengers from the hotel he Is Involved in an accident with a motorcycle because he inadvertently pressed the accelerator instead of the brake. Is the hotel liable to the motorcycle rider involved in the accident? In what type of cases strict liability Is an appropriate principle to be applied? Mr. X's petrol trailer breaks away from the truck towing it, leaves the flyover and falls onto a road below. Thousands of gallons of petrol spill onto the road, and Mr. Y, a motorist, driving across the road is seriously injured when the gas explodes and his vehicle is engulfed in flames. Mr. Y brings action against Mr. X. Do you think strict liability should be imposed in the given situation? What do you mean by unfair trade practice? Explain with the help of suitable illustrations. Ms. P got her one eye operated and, after the operation, she complained of pain in the eye. The doctor did not pay any heed to'the problem and discharged her against her wish after prescribing some pain killers. In due course her problem aggravated leading to the loss of vision in the operated eye. Prepare arguments on behalf of Ms. P so that she can claim compensation from the doctor. (Section-B) (Answer in approximately 40 words) (x02) The basic principle for measure of damages in torts is that there should be restitution in integrum- Comment. What do you mean by interim injunction? Who is @ Consumer under the Consumer Protection Act, 1986? Discuss the original jurisdiction of the State Commission. State the nature of relief granted by the district forum. (Section-C) (Write the correct choice, answer as the need be] (10x01) A defendant sued for strict liability can raise the defence of a. Common benefit , Act of stranger c. Both a and b d, Neither a nor b. ‘Strict liability is applicable to defendants who carry out their activities with utmost care. True/ False Caveat venditor means~ ‘The amount awarded in cases of contemptuous damages is merely derisory, True/ False ‘The Consumer Protection Act, 1986 dose not provide for fault based liability. True/ False A state commission can entertain complaints directly on matters in which the value of goods or services and the compensation exceeds Rs.-----but does not exceed Rs. (vil) An appeal against an order of the district forum can be entertained by the State Commission only after the appellant has deposited fifty percent of the amount payable under that order or Rs.-- whichever Is less. (vill) The Consumer Protection (Amendment) Act, 2002 provides for establishment of District (%) 9 Consumer Protection Councils. (True/ False) The National Consumer Dispute Redressal Commission is established by the- Each district forum is to consist of a President and- ‘other members (two/three/four)RMLNLU May, 2008 LLB/IISEM/07-08/ET/ENG-II ‘TIME: 03 HOURS ENGLISH- Answer all the questions Figures in the margin indicate the marks (Section A) (Answer in approximately 200 words) (4x10) “Justice brings forth the brutality and helplessness of the individual before a system." Discuss. OR Write a note on the plot of the play Justice. What are the advantages of being pro-active rather than being reactive? Illustrate with ‘examples from your own life. OR ‘What is Empathic Listening? How is it different from Active Listening? What are its advantages? ‘What are the essential requirements for a good piece of Prose? OR How is prose different from poctry? Why is prose preferred in legal usage? “The road to justice is long but rewarding”. Discuss, OR “Criminalization of Politics is an evil that has pervaded the Indian ethos.” Discuss. (Section B) (Answer in approximately 40 words) (oq) Attempt a précis of the following news report: Ifno steps were taken to stem global warming, "Well be eight degrees hotter in 30 or 40 years and basically none of the crops will grow,” Ted Turner recently said during a wide-ranging, hour- long interview with PBS's Charlie Rose. “Most of the people will have died and the rest of ue will be cannibals,” said Turner, who is also ‘mown as Mouth of the South due to his errant remarks. "Civilization will be broken down, The few people left will be living in a failed state — like Somalia or Sudan — and living conditions will be intolerable." One way to combat global warming, Turner said, is to stabilize the population, ‘Ted Turner further added, "T've gotten a lot better, though, it's been a long time since anybody caught me saying something stupid." ‘Tumer went on to say that military budgets need to be cut ‘way back.” “Currently, the US is spending $500 billion a year on the military, which is more than all 190 countries in the world put together," he said. “The two countries that the military industrial complex and some of our politicians would like to demonize and make enemies are Russia and China,* Tuer said. “China just wants to sell us shoes. They're not building landing craft to attack the United States, and Russia wants to be our friends, too. Well, Ted has some logic to it. Why can't Americans reduce their emissions and use this money to develop green technology.ema 10. (ay @ ii) Ge) @) B) ty) i) (iii) (iv) i) ‘What do you understand by ‘self-esteem’? How is it different from pride? What is Emotional Intelligence? How is EQ different from 1Q? Define syllables. Describe the structure of a syllable. How does syllable stress alter the meanting? Give $ examples. What are the advantages of phonetic transcription? Give the symbols of 8 vowel sounds and 8 consonant sounds. Give 3 examples of each sound- Initial, Medial and Final. (Section-C) (10x1) {Answer as the need be) ‘Change the following sentences into grammatically correct sentences. His is sister is goods. ‘The furnitures of this the University are very costlier. She is a lawyer and goes to the Court by car. ‘This is a best dress. ‘Substitute one word for the following - ‘A person who is indifferent to pleasure and pain. To bring the accused from jail for enquiry. ‘One who files a suit. Judgement in favour of one in the absence of another. Privilege to escape certain laws