SYMBIOSIS INTERNATIONAL(DEEMED UNIVERSITY)

(Established under section 3 of the UGC ACT 1956)

Re-Accredited by NAAC with ‘A’ Grade (3.58/4)Awarded Category – l by UGC
__________________________________________________________________________________
Institute : (0101) SYMBIOSIS LAW SCHOOL, PUNE

Programme: BACHELOR OF ARTS & BACHELOR OF LAWS (HONOURS) AND

BACHELOR OF BUSINESS ADMINISTRATION & BACHELOR OF LAWS
(HONOURS)

Batch : 2020-25

Semester : I

Course : Indian Legal System and Legal Methods

Course Code : 0101250107/0101260107

Date : Maximum Marks : 30

Day : Time :
___________________________________________________________________________
Instructions :
 All questions are compulsory and carry equal marks

Q.1 Mr. A and Mr. B are neighbors and share a very cordial relationship with each CO
other. One day, Mr. A decides to give his shop on rent to Mr. B against a sum NO.
of Rs. 10,000/- per month, on mutual trust. In a very short time the business 2, 3, 4
of Mr. B prospered because of his hard work, good behavior and courteous
nature. On 21st January 2020, Mr. A received a property tax receipt from Pune
Municipal Corporation for the said shop of Rs. 12000/-, it being a commercial
property. Next day, Mr. A handed over that tax receipt to Mr. B and asked him
to pay. Mr. B paid the amount considering the fact that he does not have to
pay rent for the same month and Rs. 2000 to be deducted from the rent of the
next month. After a week, Mr. A came to Mr. B and asked for the payment of
rent in cash, which Mr. B refused as there was no agreement before for the
payment of taxes. Mr. A is aggrieved with the attitude of Mr. B, wants to file
a case against him. Mr. A has approached you for an advice.

Contention on the part of Mr. A: Since the property is being used by Mr. B
for the said year so, all the taxes connected to the property to be paid by Mr.
B, even though there is no agreement.

Contention on the part of Mr. B: Since it was not agreed for property taxes
to be paid by Mr. B so, not liable to pay taxes but will pay rent in future
regularly as applicable.

You are approached by Mr. A, kindly advise him:

Should he file a case taking into consideration time, money, delay and
technicalities involved in court proceedings?

Should they be taking help of alternative means to resolve this dispute? If yes,
then which forum should they be taking recourse of, out of the ones available?
and also explain the procedure involved in that preferred mode along with
advantages it has over others.
OR
__________________________________________________________________________
..2..
 ..2..

Q.1 Gangolia, a country, believes in democratic governance through their own CO

Constitution. It believes in putting fetters on the powers of the government so NO
that fundamental freedoms and liberties of the citizens are intact. Though it is 2,3,4
a progressive country, it does not have a law preventing sexual harassment of
a woman at workplace. In one of the cases, the Supreme Court of Gangolia,
issued a writ of Mandamus directing its Central Legislature to immediately
pass an effective law preventing sexual harassment. In the same case, it has
mandated the President of Gangolia to immediately assent that law when sent
to him. In order to ensure speedy action, it was mentioned that if the said law
is not passed in next 6 months then, it would be taken as contempt of the
Supreme Court and accordingly action may be taken.

In this backdrop, students are supposed to analyze as follows:

 Whether the writ of Mandamus is valid? Can such writ be issued? If no,
then which principle of law has that violated?
 If such writ cannot be issued then, what alternative the Hon’ble Supreme
Court of India has to fill this gap in laws?

Please note that other laws of Gangolia are same as that of India and
follow the same hierarchy of Constitutional Authorities.

Q.2 Which Rule of Interpretation do you think the Supreme Court applied in the CO
Sabarimala decision of 2019 in order to hold the practice violative of Article NO
25 of the Constitution? Do you agree with the decision and the underlined 3,4
reasoning? Justify your answer with the help of characteristics of the identified
rule of interpretation.

OR

Q.2 Salmond defines Law as – “the body of principles recognised and applied by CO
the State in the administration of Justice.” Explain the aforesaid statement in NO
light of the recent Supreme Court decision wherein it upheld the death 2, 3
sentence of the four convicts in the Nirbhaya case of 2012. Also, discuss the
effect of this decision on future prosecution of similar cases.

Q.3 Short Notes: Answer any two of the following: CO

NO.
a) Doctrinal and non-doctrinal research. 1, 2
b) IRAC method.
c) Types of laws.
d) Custom as a prominent source of law.

___________________________________________________________________________