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RIRIT P. MEHTA SCHOOL 0F LAW / SCHOOL 0

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AcademicYear:2022-2023
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Program B.A., LL.B.(IIons.) / B.B.A., LL.B.(IIons.) Year: I Semester: I

Subject: Legal Methods . Batch: 2022-2027'
Date : 20 December2022 Time.02:00 pin to 04:00 pin. (2 hrs)
Marks: 50 No. of pages:a_aL _
FINAL EXANINATI0N
Instructions: Candidates should read carefully the instructions printed on t.he question paper and on the
cover of the Answer Book, which is provided for their use.

I ) `In all questions to be attempted. (Compulsory)

2) Answer to each new question to be started on a fresh page. (Compulsory)
3) Figures in brackets on the right hand side indicate full marks. (Compulsory)

Instructions which are marked as `compulsory' are to be retained by the question paper setter.

The question paper setter may add any other instruction in addition to the compulsory instructions in case
required.

Section A (Short Notes) (10 Marks)

Question I.
Write short notes on-

A. Role of society in formulation of law

8. Explain the types of customs. How customs are different from legislations?

Section 8 (Compulsory) (10Marks)

Question 2.
Fundamental Rights are "negative" rights, which prohibits the State from interfering with the rights of
individual and State owes a duty to protect Fundamental rights. Examine the above statement based analysis
of rights and duties in correlation with Constitution of India and various philosophers.

Section c (Attempt Any 2 out of 3) (20 Marks)

Question 3. Legal theory reflects the struggle of law between tradition and progress, stability and change,
certainty and flexibility. Explain with the help of scholastic theories of natural law, the historical school and
the sociological school, referring to the ideas of the jurists concerned.

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Question 4.

Explain the meaning of pub-]ic and private law. Also differentiate between public and private law.

Question 5.
The power of High Courts to issue writs is wider than that of the Supreme Court. In the light of the above
statement discuss the difference in jurisdiction of the Supreme Court and High Court to issue writs.

Section D (Compulsory) (10 Marks)

Question 6.

M. Raj, a city resident of hanixpur, went jogging in a public park on 2nd September 2022 around 5:00
PM. While jogging, he was wrongfully arrested and detained by t`ro police officers concerning an armed
robbery. While in police custody, Mr. Raj was physically tortured by the officers. Worried about his
condition, his wife, Mrs. Neeta, frequently went to the police station asking for his release. However, the
police officers continued to deny his release for almost ten days without sufficient cause.
Article 21 of The Indian Constitution guarantees personal liberty against the State. It states that `No
person shall be deprived of his life or personal liberty except according to procedure established by law. '
Being aggrieved by his wrongful detention, Mrs. Neeta decides to approach the court. Discuss and
elaborate upon the constitutional remedies available with Mrs. Neeta for the release of Mr. Raj.

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