2:44PM ty @ al € AdobeScan8Nov.. Q & : PART-A 1. Answer any Four of the following (475-20) 1 Explain brictly how OTT regulation intersects with freedom of expression 33. What do you understand by constitutional morality? Also discuss its relevance for Various organs of government ¥s majority on the f otibens resident's Govenor’s action valid? Answet with the help of relevant provisions of the od ‘Constitution of India and case law- qo) (ii) Mr.°X',a Non-resident of Haryana fil$# Writ Petition chat is a greater capitation fee for admission ™*Wical college jn Hare that he has succeed? Give the reasons 10 supPO%™ 2°Ur answer and al, ‘ana. Will! 9/3 provisions of the Constitution of Indit 4 decided cases” Mention ry Oz e oe (Tura Ove r — SS 7, (i) Am accused was compelled by Police authorities to accept that he committed an offence under a law. Does it amount to violation of his fundamental right? Decide with the help of relevant provisions of the Constitution of India and casc law. 0) Gi) Does the right to clean environment ental legal regulations on burning cracker during Diwali? Discuss in the light of Article 21 of the Indian Constitution Judgement(s) of the Supreme Court of India in this regard. (10) 8. (i) Mr.‘X’aleader ofa political party in opposition was convicted ofacrime by a court in India and is disqualified for being amember of state fegislature till 2026. With the declaration of results for the assembly elections on 27# September, 2023, his party retumed to power in the state by winning absolute majority and Mr. “X" was elected as legislature party leader at a meeting of the newly elected MLAS of his party. Can Mr. “X’be appointed as chief minister of the state? Decide with the help of relevant provisions of the Constitution of India and case law. (10) (ii) ‘The Central Government established a Commission to study the operation of the constitution. The commission recommended in its report the formation of a judicial commission. Consequently, the National Judicial Appointments Commission (NJAC) was established by amending the Constitution of India; which is going to replace the collegium system for the appointmentof judges as invoked by the Supreme Court via7. @ (ii) Gi) ‘An accused was compelled by police authorities to accept that he committed an offence under a law, Does it amount to violation of his fundamental right? Decide with the help of relevant provisions of the Constitution of India and caselaw. (10) Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Supreme Court of India in this regard. (10) Mr, *X” a leader of a political party in opposition was convicted ofa crime by acourt in India and is disqualified for being amember of state legistature tll 2026. With the declaration of results for the assembly elections on 27" September, 2023, his party retuned to power in the state by winning absolute majority and Mr. “X’ was elected as legislature party leader at a meeting of the newly elected MLAs of his party. Can Mt. ‘X' be appointed as chief minister of the state? Decide with the help of relevant provisions of the Constitution of India and case law. (10) The Central Government established a Commission to study the operation of the constitution. The commission recommended in its report the formation of a judicial commission. Consequently, the National Judicial Appointments Commission (NJAC) was established by amending the Constitution of India; which is going to replace the collegium system for the appointment of judges as invoked by the Supreme Court via judicial sanction by a new system. The Supreme Court Advocates-on-Record ‘Association (SCAORA) has filed a plea challenging the validity of the Constitution (Amendment) Act along with the National Judicial Appointments Commission (NJAC). Decide whether re-enactment ‘restoration of NJAC is possible with the help of relevant provisions of the Constitution of India and case law. (io) i 3/3Roll No. A \oet 8 | Total No. of Printed Pages-4] 2(KCSJ)3 (COMPULSORY) PAPER - II GENERAL KNOWLEDGE AND INDIAN CONSTITUTIONAL LAW [02] Time Allotted - Three Hours ‘aximum Marks-100 INSTRUCTIONS Please read each of the following Instructions carefully before attempting the paper. i) There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. 1 and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (OCA) Booklet in the space provided. Your answer should be precise and coherent. If you encounter any typographical error, please read it as it appears in the text book. Candidates are in their own interest advised to go through the general iv) instructions on the back side of the title page of the Answer Script for strict adherence. No continuation sheets shall be provided to any candidate under any vy) circumstances. vi) No blank page should be left in between answers to various questions. 02-11/2023 (1) [Turn OverPART-A (4x5=20) Answer any Four of the following: iii. @ (ii) ii) eae Hi dom of ssi Explain briefly how OTT regulation intersects with freedom of expression. What do you understand by constitutional morality? Also discuss its relevance for various organs of government. Write a note on artificial intelligence and judiciary. ji i i 2 tate the reasons Explain the causes of Inter-State Water Disputes 1n India and also sta for delay in resolving river water disputes. : . oe ‘pious Elucidate the cultural and educational rights as guaranteed to linguistic and religious minorities under the Constitution of India. oor hawkers were carrying on business on the pavements of roads of New Delhi. They allege that the New Delhi Municipal Corporation had permitted them to carry on trade and later on they were refused permission to continue with their trade. So the petitioners challenge the action of the Corporation on the ground that their constitutional rights have been violated. Decide with the help of relevant provisions of the Constitution of India and case law. (10) The petitioners who were p' Discuss the scope of the constitutional provisions relating to freedom of religion. Is this freedom consistent with the constitutional ideal of “Secularism”? Explain. (10) A society registered under the Societies Registration Act, 1860, is running a Law College in Delhi and it is sponsored by the Government of India. The petitioners are denied admission to this Law College. They have approached the High Court for violation of their fundamental rights. It is contended by the society that it is not state and hence not amenable to fundamental rights. Decide with the help of relevant provisions of the Constitution of India and case law. (10) Mr. *X’a member of civil service of the Union was removed from the service without conducting an enquiry. He was removed from the service on the ground that he used some criminal force against his superior authority and shared some fake news about his superior authority on social media. Is this removal valid? Decide with the help of relevant provisions of the Constitution of India and case law, (10)4. (i) The Union Parliament passed a law under Article 3 for the bifurcation of a State into two States without obtaining the consent of the concerned State. Discuss the validity of this bifurcation in the light of relevant provisions of the Constitution of India and decided cases. (10) (ii) Mr. *X’, a prisoner awaiting death sentences files a mercy petition before the President. The government recommends rejection of this petition. Can the President refuse to abide by such advice and grant pardon to Mr. *X’ on the ground that capital punishment is against constitutional principles? Answer with the help of relevant provisions of the Constitution of India and case law. (10) PART-B 5, Answer any Four questions of the following: (4x5=20) ‘ i. Write a critical note on the role of developing world in G20. ii. Examine the reasons behind the gender skew against women in higher Judiciary in India. iii, What is the role of global governance in International relations? Also explain how democratic principles can guide global governance. iv. What are the special provisions contained in the Constitution for the protection of interest of the Scheduled Castes and Scheduled Tribes? Explain. Enumerate the occasions when holding joint sessions of the two houses of the Parliament would normally happen and also the occasions when it cannot, with reasons thereof. 6. (i) The Governor of a State makes his own assessment regarding majority support of a Government in the Legislative Assembly and recommends imposition of President’s Rule without giving an opportunity to prove majority on the floor of the house. Is the Govenor’s action valid? Answer with the help of relevant provisions of the Constitution of India and case law. (10) (ii) Mr.‘X’,a Non-resident of Haryana files a Writ Petition challenging that he has to pay a greater capitation fee for admission to medical college in Haryana. Will Mr. “X’ succeed? Give the reasons to support your answer and also mention relevant provisions of the Constitution of India and decided cases. (10) 02-11 (3) [Turn Over(i) (ii) 0) (ii) 024 An accused was compelled by police authorities to accept that he committed an offence under a law. Does it amount to violation of his fundamental right? Decide with the help of relevant provisions of the Constitution of India and case law. (10) Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Supreme Court of India in this regard. (10) Mr. ‘X’a leader ofa political party in opposition was convicted ofa crime by a court in India and is disqualified for being a member of state legislature till 2026. With the declaration of results for the assembly elections on 27" September, 2023, his party returned to power in the state by winning absolute majority and Mr. “X’ was elected as legislature party leader at a meeting of the newly elected MLAs of his party. Can Mr. ‘X’ be appointed as chief minister of the state? Decide with the help of relevant provisions of the Constitution of India and case law. (10) The Central Government established a Commission to study the operation of the constitution. The commission recommended in its report the formation of a judicial commission. Consequently, the National Judicial Appointments Commission (NJAC) was established by amending the Constitution of India; which is going to replace the collegium system for the appointment of judges as invoked by the Supreme Court via judicial sanction by a new system. The Supreme Court Advocates-on-Record Association (SCAORA) has filed a plea challenging the validity of the Constitution (Amendment) Act along with the National Judicial Appointments Commission (NJAC). Decide whether re-enactment /restoration of NJAC is possible with the help of relevant provisions of the Constitution of India and case law. (10) (4)ee Oo “ Total No. of Printed Pages-4] 0102966 Roll No. Oo: 43) 2KCSS)3 (COMPULSORY) PAPER - III THE CODE OF CRIMINAL PROCEDURE, 1973 THE INDIAN EVIDENCE ACT, 1872 THE INDIAN PENAL CODE, 1860 {03] —_———_ | a pe Time Allotied - Three Hours| Maximum Marks-100) [acre ee eee [eres crime cece aa INSTRUCTIONS Please read each of the following Instructions carefully before attempting the papet. There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. 1 and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (QCA) Booklet in the space provided. ) ii) Your answer should be precise and coherent. iii) Ifyou encounter any typographical error, please read it as it appears in the text book. iv) Candidates are in their own interest advised to go through the general instructions on the back side of the title page of the Answer Script for strict adherence. v) No continuation sheets shall be provided to any candidate under any circumstances. vi) No blank page should be left in between answers to various questions. 03-TI1/2023 69) [Turn OverPART-A Answer any Four of the following: 1. (a) “Inthe wake of public resentment over Nirbhaya case the laws dealing with sexya] assault and rape underwent a major change by way of Criminal Law Amendment Act 2013. The hasty promulgation and enactment isan example of reactionary law making”, Analyse, Whether Criminal Law Amendment Act 2013, failed to tackle sexual and gender-based violence? (b) Kishor tried to molest Geeta, who took lift in his vehicle. Geeta tried to come out of the moving vehicle but Kishor speeded up the vehicle. She eventually jumped out but was run over by a truck. Decide the liability of Kishor and the Truck driver. (c) Suraj, Dhruv, Keshav and Rahul are friends. Rahul is an orphan with no family lefi, However, Rahul has several properties. One day Suraj, Dhruv and Keshav assaults Rahul and compels him to give his thumb impression ona blank paper. However, Rahul resisted and did not obey after which Suraj, Dhruv and Keshay tie Rahul to a chair and forcibly take his thumb impression on the blank paper. Decide the offence for which Suraj, Dhruv and Keshav can be booked for under the Indian Penal Code. (d) Comment briefly on- “Ifa statement is relevant, an accurate tape record of it is also admissible”. (e) Write a short note on evidence of accomplice as against the confession of co-accused. 2. Hirenand Geeta were estranged for 2 years due to their constant fights concerning Hiren’s parents. One day Hiren accompanied by three other persons went to his father-in-law’s house to bring his wife Geeta. Hiren went inside and asked her to come along while his companions were engaged outside in conversation with his father-in-law persuading him to send the girl to her matrimonial house. After a heated argument between the couple, Hiren dragged his reluctant wife outside the house. A tug of war followed between the father-in-law and Hiren. At that moment, the girl’s brother Ashish took out a knife and gave one vicious blow to Hiren. The knife penetrated his heart and he died while being taken to the hospital. (a) Frame arguments from the side of Prosecution as well as the defense, (10) (b) Give a reasoned decision as to the liability of the persons concerned. (10) 3. (a) On10" September 2022, just before sunrise in a village called Fakoli, Rajesh along with other persons entered the house of Sanjay and Reena to rob them but hue and cry was raised by the latter as a result the villagers living in adjoining areas arrived on the scene. Rajesh along with his companions fled without collecting any booty. They were chased by Sanjay and Reena and while they were crossing the ditch at the Pipri farm, Sanjay caught hold of Rajesh. Another dacoit Rakesh, thereupon fired a pistol shot which hit Sanjay and he fell to the ground and was removed to the hospital where he died. Decide the case and write a well-reasoned answer citing the relevant provisions and cases, (10)(b) (b) (a) (b) (c) @) (e) 6 (a) 03-11 i ; 6 nt Asha, a girl of 14 years of age lives with her step-father, Ramesh. Due to constar mistreatment by Ramesh, Asha leaves her home and starts staying with her maternal uncle of which Ramesh was aware off. One day Asha goes toa fair alone where she gets lost and could not come back home to her maternal uncle. Sanjay sees Asha and brings her to his home. At Sanjay’s home, Asha meets Sanjay’s son, Amit. Asha and Amit fall in love and decides to get married. Sanjay allows this marriage to take place. Ramesh files a case of kidnapping against Sanjay.Argue the case from both the sides taking help of decided case laws and principles. (10) The accused in police custody provides information to the Investigating Officer (IO) under S. 27 of the Indian Evidence Act. The IO to ensure its sanctity calls independent public witnesses and records the same in their presence. Whether such information is admissible in evidence? (10) A dying declaration is a weak type of evidence as the accused does not get an opportunity to cross-examine the witness. Critically examine. (10) PART-B Answer any Four of the following (4*5=20) In Satender Kumar Antil v. CBI 2022 SCC OnLine SC 825, Supreme Court expressed concerns at the large number of undertrials languishing in jails and issued elaborate guidelines. Briefly write the key findings and guidelines issued in the case. X was alleged to have given poisonous substance to the deceased and was facing investigation under $ 302 read with S 120B of IPC. He was declared absconder and proclamation under S 82 Cr.P.C. was issued for his presence. X applied for grant of anticipatory bail in Court of Session. Whether the sought relief should be granted under S 438, CrPC or not? Station officer S.J VirendraTomar on detecting that his service revolver was stolen started the investigation. He suspected a constable named Parmeshwar Singh. Mr. Tomar went to Parmeshwar Singh's house and searched his person. The revolver was recovered from the folds of Mr. Singh's dhoti. In trial, the said search was contested on the ground that the personal search was done in absence of two independent and respectable inhabitants of locality as required under Section 100(4) Cr.P.C. Will the contention be accepted by the court or not? Discuss the admissibility of electronic evidence. Write a short note on admissibility of finger prints and foot prints in evidence Abraham was accused of raping and impregnating X, who consequently delivered a child. Thus, a complaint was given and an FIR was registered by the police. Thereafter, Abraham obtained an anticipatory bail. However, police during the course of investigation, filed an application before the Judicial Magistrate seeking DNA test of the accused and also the child and for that purpose, wanted to direct the accused to give his blood sample. The Judicial Magistrate passed an order on the requisition made by the Police. i. The learned Counsel for the accused submitted that the learned Judicial Magistrate should have given an opportunity to the accused before directing him to subject himself to the DNA test. GB) [Turn Over; ; ] 1 (b) ~ S b) (b) 03-1 ii. The learned Counsel for the accused further submitted that under Section 53 and 53A of the Code of Criminal Procedure, only a person, who has been arrested on a charge of committing of an offence of rape can be subjected to DNA test. in the present case, the petitioner obtained an anticipatory bail and he was not arrested and therefore the Police do not have power to invoke Section 53 and 53A of the Code of Criminal Procedure. The learned Counsel also submitted that Article 20(3) of the Constitution of India gives protection to an accused person against self-incrimination and the order passed by the Court below will subject the petitioner to self-incrimination and there fore, the order passed by the Court below has to be set aside. Assuming yourself as the government counsel, present the argument rebutting the contentions put forth by the accused. (15) Discuss the power of Public Prosecutor or Assistant Public Prosecutor to withdraw from prosecution of any person either generally or in respect of anyone or more of the offences for which he is tried. (5) iii. On 18" February 2022 at about 1.30 a.m., Sitara, aged about 12 years, came out of her house to answer the call of nature. Her neighbour, Tunnu Saha at that time forcibly took her to his Gumti for committing illicit sexual intercourse with her and asked her to lie down at which the prosecutrix raised an alarm, and immediately thereafter several persons including Ram Saran, the informant and the father of the prosecutrix, DeonandanSaha the Sarpanch of the village came from the adjoining houses and caught the appellant before he could ravish her. Tunnu Saha was charged under Section 376 read with 511, IPC only. The offence under the aforesaid charge was not proved and the accused was convicted under S 354 (Outraging the modesty of a woman) and S 366 (Procuration of minor girl for illicit intercourse). The said conviction has been challenged to be set aside in the appellate court on the grounds that the conviction under § 354 and 366 is bad in law because charges were not framed under these provisions. Decide whether the plea of the accused is sustainable. (10) The Code of Criminal Procedure empowers different courts to transfer the case. Discuss the circumstances in which Supreme Court, High Court and Sessions Court can transfer cases. Elaborate the procedure for the same. (10) Whether provisions of S 154 of the Indian Evidence Act make any distinction between a civil and a criminal case. At what stage of the examination can the witness be cross-examined by the party who called him as a witness. What are the reasons for the witnesses turning ‘hostile’ during trial? Can a ‘hostile’ witness be permitted to subvert acriminal trial? To what extent the testimony ofa hostile witness can be read against the accused? (10) Anush, IO of the case filed the chargesheet against Ankur, the accused in the offence of Forgery and cheating. Ankur submits before the court that certain material documents have been withheld by the IO and do not form a part of the chargesheet. Whether Ankur can seek production of the withheld material documents? Does it bar the court from summoning such documents and relying upon them at the stage of consideration of the charge? (10) (4)104112 Total No. of Printed Pages-4] Roll No. 8 : 13 2(KCSJ)3 (COMPULSORY) PAPER - IV RULES AND ORDERS FOR GUIDANCE OF SUBORDINATE COURTS [04] Time Allotted - Three Hours Maximum Marks-100 INSTRUCTIONS Please read each of the following Instructions carefully before attempting the paper. i) iii) iv) v) vi) There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. I and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (QCA) Booklet in the space provided. Your answer should be precise and coherent. If you encounter any typographical error, please read it as it appears in the text book. Candidates are in their own interest advised to go through the general instructions on the back side of the title page of the Answer Script for strict adherence. No continuation sheets shall be provided to any candidate under any circumstances. No blank page should be left in between answers to various questions. 04-1W/2023 () [Turn Over1. Attempt any Four of the following Five questions: a) b) c) d) b) PART-A (4x5=20) Can a tender other than the lowest, be accepted, as per the provisions of the Jammu and Kashmir Financial Code? The Aid to Agriculturists and Land Improvements Act, 1993 provides for grant of funds to agriculturists for the purpose of carrying out improvements to their land. As per the provisions of the Jammu and Kashmir Financial Code, which officials are competent to grant funds for improvement of land and other purposes as mentioned in section 4(i) of the said Act? How much funds can be sanctioned in each instance? As per the said Code, can such officials also sanction funds for purchase of seeds, purchase of cattle and other articles ofanimal husbandry? : Mr. Qasim Zaidi is working as Director, Consumer Affairs, Food and Public Distribution, Government of Jammu & Kashmir. Due to heavy rains in the months of August and September 2023, some godowns of his department have been damaged. As per the Jammu and Kashmir Financial Code, what is the procedure that Mr. Zaidi must follow in case he wishes to undertake repair works of these godowns departmentally? What do you understand by ‘Dead Stock’? As per the provisions of the Jammu & Kashmir Financial Code, what kind of an inventory must be maintained in respect of ‘Dead Stock’? What do you understand by ‘refunds of revenue’ as mentioned in the Jammu and Kashmir Financial Code? What are the different types of ‘refunds of revenue’? (2x10=20 Mr. Madhusudan Sharma was employed as a Time Keeper in the State Motor ae Department of the Government of Jammu and Kashmir. On account of ill health, he had been on leave since 01.07.2023. Unfortunately, he passed away on 23.08.2023. On 01.09.2023, his widow petitions the Secretary to Government, Transport Department, asking for an ‘advance’ since she is unable to meet her immediate requirements, on account of the sudden death ofher husband. What kind of assistance can be rendered to her, as per the provisions of the Jammu & Kashmir Financial Code? What are the conditions which need to be borne in mind at the time of acceptance of tenders, as per the provisions of the Jammu and Kashmir Financial Code? (2x10=20) Due to some unavoidable circumstances, the state of Jacaranda made appointment of officers to certain posts, in anticipation of sanction to create these posts. Ina few other cases, sanction had expired owing to a limited period of time for which such sanction was issued, and sanction was likely to be extended. How would payment of pay and allowances be made to the employees who have been appointed to these posts, if the Financial Code of the state of Jacaranda is pari materia to that of the state of Jammu and Kashmir? Mr. Yassir Abbas has recently been appointed as Sub Judge / Mobile Magistrate. He has summoned certain persons to depose as witnesses in a case which has been listed before him. He wants to know whether it is permissible for judges of criminal courts 2)b) in the state of Jammu and Kashmir to grant to the witnesses and complainants, certain subsistence and travelling allowances when they come to depose before the court. ‘Advise Mr. Abbas based on your understanding of the relevant provisions of the Jammu and Kashmir Financial Code. (210=20) Ateam of twelve officials of the Forests Department led by Mr. H.K. Jaggi, Assistant Conservator of Forests, worked hard for a period of more than ten months, and their efforts led to the capture of an extremely notorious willow smuggler. Four months later, the smuggler was convicted by a court of competent jurisdiction. Mr. Ejaz Ali Khan, who is the Principal Chief Conservator of Forests, Government of Jammu and Kashmir, feels that all the members of the team whose efforts led to the capture of this smuggler, deserve cash rewards of Rupees 500 each. As per the provisions of the Jammu and Kashmir Financial Code, what is the procedure that Mr. Khan must adopt for this purpose? Rule 10-18 of the Jammu and Kashmir Financial Code provides for a mechanism whereby certain expenditure can be made out of ‘discretionary grants’ which are placed at the disposal of the Chief Ministers, and certain other officials. Prof. Muzaffar Hussain Mir is the Minister of Education, Government of Jammu and Kashmir. He desires to spend Rupees 1 lakh out of the discretionary grants for the purpose of organizing educational conferences, seminars and conducting meetings with educationists, both within and outside the state of Jammu and Kashmir. Advise Prof. Mir as to what are the purposes for which such grants can be made, as per the provisions of the said Code. PART-B 5. Attempt any Four of the following Five questions: (4*5=20) a) b) c) Cc) e) 04-IV Is there any special scrutiny needed in the case of plaints relating to agricultural land? Write your answer in the light of the Rules and Orders for Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1978 (Civil). What are the powers of Magistrates of First Class, as per the Rules and Orders for the Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1988 (Criminal)? As per the Rules and Orders for Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1978 (Civil), when is a Written Statement to be called? Mr. Shahid Hussain is working as an Assistant Scientific Officer in the Jammu and Kashmir Forensic Science Laboratory, which is an organization under the administrative control of the Home Department, Government of Jammu and Kashmir. On 06.07.2023, he sustained a serious eye injury while carrying out some analysis in the laboratory. This injury led to loss of vision in one eye. On 01.08.2023, he approaches the Chief Medical Officer (CMO) of Jawaharlal Nehru Memorial Hospital, Srinagar to issue him a Medical Certificate, which would enable him to apply for medical leave. The Medical Officer is unsure about when Mr. Hussain will be fit to rejoin his duties. He is also unsure whether Mr. Hussain would ever be fit to return to his duties. In such a situation, what should the CMO do? Write your answer bearing in mind, the relevant provisions of the Jammu and Kashmir Civil Service Regulations. “A District Magistrate should be a Magistrate in fact as well as in name.” Why is it important for a District Magistrate to hear cases himself? Write your answer in the light of the Rules and Orders for the Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1988 (Criminal). (3) [Turn Overb) a) b) b) (2x10=20) On 06.09.2008, Dr. Sushma Sharma was appointed as an Assistant Professor in the Department of Chemistry in Government College for Women, Srinagar. The college is under the administrative control of the Department of Education, Government of Jammu and Kashmir. In due course of time, she was promoted to the post of Associate Professor in the said college. On 13.04.2022, she proceeded on deputation to Shri Maharaja Hari Singh Hospital, Srinagar, which is a hospital and medical college under the administrative control of the Health and Medical Education Department, Government of Jammu and Kashmir, Will Dr. Sharma continue to hold a lien on her permanent post? Write your answer with reference to the relevant provisions of the Jammu and Kashmir Civil Service Regulations. . Mr. Mahboob Ali was appointed as an Assistant Gardner in the Horticulture Department of the Government of Jammu and Kashmir, on 01.04.2000. At the time of his initial recruitment, the prescribed educational qualification for his job position, was Matriculation. In January 2023, there is a dispute regarding his date of birth. How would this dispute be resolved? Would your answer change, if the prescribed educational qualification for Mr. Ali’s job position was Eighth Standard Pass? Discuss with reference to the relevant provisions of the Jammu and Kashmir Civil Service Regulations. (2x10=20) As per the Rules and Orders for Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1978 (Civil), what are the steps which need to be taken for delivery of possession of immovable property? What are the factors which need to be kept in mind by the Court while fixing the date of appearance of the defendant? Write you answer keeping in mind the Rules and Orders for Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1978 (Civil). (2x10=20) What are the different courses of action which are available before a Magistrate when an accused person is brought before him? Write you answer, bearing in mind the Rules and Orders for the Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1988 (Criminal). When a certain criminal act has been committed within the territory of Jammu and Kashmir, the nationality of the offender except in certain reserved cases, does not, by itself, prevent him from being subject to the law of the state of Jammu and Kashmir, and the jurisdiction of its Courts. On the other hand, when a certain criminal act has been committed beyond the limits of the state of Jammu and Kashmir, it is necessary to ascertain whether the accused is or is not, a subject of the state of Jammu and Kashmir, in order to subject him to the law of the state of Jammu and Kashmir, and the jurisdiction of its Courts. Discuss the aforementioned proposition in the light of the Rules and Orders for the Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1988 (Criminal). (4)Total No. of Printed Pages-4] Roll No. A003) 2(KCSJ)3 (COMPULSORY) PAPER -V CODE OF CIVIL PROCEDURE AND LIMITATION ACT AND REGISTRATION ACT [05] Time Allotted - Three Hours Maximum Marks-100 INSTRUCTIONS Le Please read each of the following Instructions carefully before attempting the paper. i) There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. 1 and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (QCA) Booklet in the space provided. ii) Your answer should be precise and coherent. iii) Ifyou encounter any typographical error, please read it as it appe book. iv) Candidates are in their own interest advised to go through the general instructions on the back side of the title page of the Answer Script for strict adherence. « vy) No continuation sheets shall be provided ‘to any candidate under any circumstances. vi) No blank page should be left in between answers to various questions. ars in the text 05-V/2023 qa) {Turn OverPART-A 1. Answer any Four of the following: (4%5=29) (a) (b) (c) (d) (e) (f) (b) In cases where the ‘necessary person’ is not made a party to the suit, what will be the effect of the same on the suit as per the relevant provisions of the Code of Ciyjy Procedure (C.P.C.)? Bring out the distinction between the remedies of Reference, Review and, Revision, as provided under the C.P.C. ; ‘Antas sues Sahil for damages under breach of contract. The suit is dismissed. At a later instance, Antas files another suit against Sahil for specific performance of the aforementioned contract. Is the subsequent suit maintainable under law? Suhas had filed a suit for recovery against Mahim. The suit was posted for judgment after conclusion of the hearing.Suhas dies before the pronouncement of judgment. What will be the fate of the suit after the death of Suhas? Will it abate or not? Highlight the essential requirements of seeking the order of 'Temporary Injunction’ under C.P.C. Vimal obtained anex-parte decree against Banit, and in execution of the decree brought the properties of Banit to sale and himself became the purchaser. On appeal by Banit, the appellate court set aside the decree, and remanded the suit for re-hearing. Banit, then applies for restitution. Decide, whether he is entitled to it? Anas files an election petition against Vivan challenging the election of Vivan before the Election Tribunal. After due service of summons, Vivan files his counter but stays absent. The Tribunal conducts the proceedings ex-parte, and takes the evidence of the petitioner and three of the petitioners’ witnesses. Vivaan appears before the Tribunal and requests for grant of permission to participate in the proceedings. The Tribunal refuses to allow Vivaan to participate in the proceedings since the Tribunal stated that it was proceeding ex-parte at that stage. Whether the act of Tribunal is justified or not? Decide in the light of relevant caselaw. (10) What are the grounds on which, the additional evidence can be produced at the appellate stage? Answer taking help of relevant legal provisions and caselaw. (10) 3. Discuss the following: (a) 05-V Pritam, an Assistant Sub-Inspector of Police (A.S.I.), was dismissed from service by the Deputy Inspector General of Police (D.1.G.). Aggrieved with his sudden dismissal, Pritam challenged the said decision by filing a writ petition in the High Court on the ground that he was not afforded a reasonable opportunity. The High Court dismissed his writ petition. Pritam, then filed a civil suit and an additional plea was raised by him that he had been appointed by the Inspector General of Police (1.G.P.), and as the D.1.G. was lower in rank, he not competent to pass such dismissal order against him. In this civil suit, the contention of State is that the suit is barred by res judicata. Decide with the help of relevant legal provisions and caselaw, (10) (2)(b) Explain the essential features of Order 2, Rule 2 of C.P.C. Distinguish it from the doctrine of res judicata. a) 4. Determine the place of suing in the following cases: (a) (b) 'X', the father of Amaal and Binesh had a bungalow at Udhampur district, one house at Kishtwar district and two big mango-groves in the district of Jammu. After the death of father, Amaal took over the management of the entire property and began appropriating the income. Binesh wants to sue for partition of the property. Decide. (10) Asif, Babil and Chetan jointly took a loan from Dalbir at Jammu on a promissory note. Later on, they were unable to repay the loan. Now,Dalbir lives in Srinagar.Asif, Babil and Chetan reside in Kathua, Jammu and Anantnag, respectively. Determine the place of suing, if Dalbir decides to file a recovery suit. (10) PART-B 5. Answer any Four of the following: (4x5=20) (a) “Acknowledgement in writing gives rise toa fresh period of limitation”. Explain briefly. (b) Comment on 'Legal Disability'under the Limitation Act, 1963. (c) (d) (e) 6. (a) (b) 05-V Kabir meets with an accident, while he was on his way to court for filing of a suit. The accident renders him comatose for a period of one month. While in coma, the time for filing of the suit expires.In the mentioned circumstances, can Kabir successfully claim extension of time? Why is it important to get a document relating to transfer of immovable property registered? Is the registration of a will optional under the Registration Act, 1908? Explain the manner in which it may be presented for registration. On November 30, 2021, a decree was issued against 'B' ina recovery suit between'A’ and 'B'. When does the time of limitation begin for 'B' to file an appeal against the afore-mentioned decree? What would be the position in the following situation: 'B' applied on December 28, 2021, seeking a copy of the stated decree, and on May 31, 2022, he receives the copy. The next day is the commencement of the Courts' month-long summer break. 'B' eventually files his appeal on July 30, 2022. The limitation period for filing an appeal is thirty days from the date of decree. Determine whether appeal filed by 'B' is within time or, is rendered time-barred. (10) Can condonation of delay be allowed by the Court in the following situations: i. Ina suit, Court passes an ex-parte decree against Sultan. The latter approaches the court and pleads that he was not made aware of the dates of appearance before the court, due to a mistake on part of his counsel. ii, Manik, the judgment debtor of Alam, prevents Alam by fraud or force from executing the decree within the limitation period. (2x5=10) (3) [Turn Over05-V (a) (b) (a) (b) While a suit was pending in the Court, Raghav was added as a new plaintiff to the suit. What will be the effect of addition of a new plaintiff in the pending suit upon the limitation period for filing such suit? Discuss in detail taking the help of relevant legal provisions under the Limitation Act. (10) Nitesh executed a document on 20" October 2022 in favour of Nishtha. Thereafter, Nitesh executed another document on 1s December 2022 in favour of Pranjal in respect of the same property. The document between D: d Nishtha was registered on 15" January 2023 where as the document between Naksh'and Pranjal was registered on 15" December 2022. Which documient gets priority and why? (10) Can an unregistered document, which requires compulsory registration under the Registration Act, be used in evidence for any purpose? Answer with the help of relevant legal provisions and decided caselaw. (10) Whether the following documents require compulsory registration under the Registration Act, or not? i. An agreement to sell a house worth Rupees 80,00,000. ii, Document related to lease of immovable property for a period of six months. (2x5=10) (4)0106512 Total No. of Printed Pages-4] Roll No. AY wo} g) 2KCSI)3 (COMPULSORY) PAPER - VI TRANSFER OF PROPERTY ACT, 1882 AND JAMMU AND KASHMIR RESIDENTIAL AND COMMERCIAL TENANCY ACT 2012 [06] Time Allotted - Three Hours Maximum Marks-100 INSTRUCTIONS Please read each of the following Instructions carefully before attempting the paper. i) There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. I and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (QCA) Booklet in the space provided. ti) Your answer should be precise and coherent. iti) If you encounter any typographical error, please read it as it appears in the text book. iv) Candidates are in their own interest advised to go through the general v) instructions on the back side of the title page of the Answer Script for strict adherence. No continuation sheets shall be provided to any candidate under any circumstances. vi) No blank page should be left in between answers to various questions. 06-V1/2023 (1) [Turn Overi PART-A 1. Answer any Four of the following: Cae) sed from R by means ofa registered sale deed a house for Rs. 5 lacs. Before ected the house and saw that the house has 6 ceiling fans and also took possession of the house he noticed that R had removed R informed A that he had sold only the house but not the fans | opinion to the matter. Advice A. (5) (a) A purchas : purchase Ahas insp' abooster pump. WhenA all the fans and the pump: and pump. A seeks your lega Ce sa! for 5 years at Rs. 5000 p.m. by means of a registered hibited Y from further giving it on rent to anybody. Y, however, lease deed. The deed pro wants to give it further on rent to Z for Rs. 7,000 p.m. and he seeks your expert legal (5) opinion. Advise Y. On 1-1-1965, Atransferred his property to B, a bachelor, for his lifetime and on B’s death, to B’s children when the youngest child of B attains the age of 18 years. B died on 2-3-1990 survived by two sons — S (aged 20 years) and S1 (aged 17 years). Discuss the validity of the transfer in favour of B’s children under Secs. 14 and 15 of the TP. (o) Act, 1882. (5) (d) Distinguish between a vested and a contingent interest. (5) (e) Distinguish between a charge and a mortgage. (5) 2. (a) The basis of the “Doctrine of Election” is that a person cannot approve and reject at the same time. Discuss with the help of relevant case laws. (15) (b) Whether following are actionable claims :- (5) (i) Fixed deposit in a Bank i _ (ii) Share purchased from Unit Trust of India but not yet issued (iii) A claim to maintenance. ) a nae mean by “Doctrine of Part Performance”? Are there any exceptions to ‘the doctrine? If yes then elaborate the given exceptions. (15) into a written contract with B to take B’s house on rent for 2 years at Rs. month. A gave Rs. 12,000/- to B as one year’s advance rent and took uot only one room as B promised to hand over the possession of the after his son’s wedding which was to take place after 3 days. After d not give possession of the remaining portion of the house toA. suit for possession under Section 53. Decide. 6)4 @ (b) ow it What do you understand by a Lease? Discuss the essentials of a valid Lease and h (15) differs from License. Inacase a person was permitted to occupy premises for safety of the property without payment of any money. It was not established when the possession of that person commenced and his exclusive possession over the property was also not proved. Is this transaction a lease ? (5) PART-B s, Attempt any Four (4*5 =20) (a) () (c) @) (e) 06-VI a = isi eat et Kashmir, has recently entered into a residential copy ofthe original agree s. Y, his new tenant. Mr. X has provided her with a signed Residential and ae : — as required by Section 12 of the Jammu and Kashmir tre conan orcas rcial Tenancy Act 2012. However, Ms. Y is concerned about ‘pcan 1a ote ronnie and wants tomake certain amendments to it. According Sale ise are the specific provisions regarding providing a set of fie aeemnent? How par erie and can Ms. Y legally request modifications to ae ae eesti t. X proceed to address Ms. Y’s concerns while (5) Mr. A. , ecb bar 7a end of a commercial space in Srinagar, Jammu and Kashmir, is ~ sie : letting a part of the rented property to another business owner, Mr. B r. A have a right to sublet under provisions of the Jammu and Kashmir Residential aus ~ ue __ veal Tenaney Act 2012? Discuss Mr. X has been residing in a residential propery semensana Fastin ao a wees the past 15 years. Unfortunately, he recently passed away, and his son, Mr. Y, and his father Mr. Z is interested in continuing the tenancy. Whois entitled to be a successor? 6) What the duration of tenancy is as specified in Section 5 of the Jammu and Kashmir Residential and Commercial Tenancy Act of 2012? (5) e Jammu and Kashmir Residential and Commercial e handling and return of security deposits in (5) How does Section 11 of th Tenancy Act of 2012 regulate th residential and commercial tenancy agreements? mmu and Kashmir, owns a commercial property that he leased ase agreement is governed by the Jammu and | Tenancy Act 2012. Mr. X now wishes to terminate the tenancy and take possession of the commercial property for redevelopment purposes. What notice period is required to be giventoMr.¥? (5) brows (3) Turn Over Mr. X, a landlord in Ja to Mr. Sharma three years ago. The le Kashmir Residential and Commercial(b) 7. (a) (b) 8 (a) ) 06-VI Under the Jammu and Kashmir Residential and Commercial Tenancy Act of 20 12, what are the specific conditions and procedures that a landlord must follow when terminating a tenancy agreement for both residential and commercial properties? (15) Mr. X, a landlord in Jammu and Kashmir, recently filed a case against his tenant, Mr. Y, for non-payment of rent and violation of the terms of their tenancy agreement. The Rent Controller’s decision favored Mr. Y, and Mr. X is not satisfied with the outcome. He believes that the Rent Controller has misinterpreted Section 33 of the Jammu and Kashmir Residential and Commercial Tenancy Act, 2012. Under which authority and within what time period Mr. X can file an appeal against the order of the Rent Controller? (5) What are the specific powers vested in the Rent Controller under Section 32 of the Jammu and Kashmir Residential and Commercial Tenancy Act, 2012, and how do these powers affect the rights and responsibilities of landlords and tenants in the state?(15) Mr. A, a landlord in Srinagar, Jammu and Kashmir, entered into a residential tenancy agreement with Mr. B, a tenant, for a two-year lease term. As per the agreement, Mr. B paid a substantial amount as advance rent to Mr. A. However, due to unforeseen circumstances, Mr. B needs to terminate the lease after just six months. Is Mr. B entitled to get refund under The Jammu Kashmir Residential and Commercial Tenancy Act 2012? (5) What are the key rights granted to landlords under Chapter 4 of the Jammu and Kashmir Residential and Commercial Tenancy Act 201 2, and what Corresponding responsibilities do they have in relation to their tenants? (15) (4)0107337 Total No. of Printed Pages-4] Roll No- U0 043) 2(KCSJ)3 (OPTIONAL) PAPER - I HINDU LAW AND MOHAMMEDAN LAW [07] Time Allotted - Three Hours Maximum Marks-100 INSTRUCTIONS Please read each of the following Instructions carefully before attempting the paper. i) There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. I and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (QCA) Booklet in the space provided. ii) Your answer should be precise and coherent. iii) If you encounter any typographical error, please read it as it appears in the text book. iv) Candidates are in their own interest advised to go through the general instructions on the back side of the title page of the Answer Script for strict adherence. v) No continuation sheets shall be provided to any candidate under any circumstances. vi) No blank page should be left in between answers to various questions. 07-1/2023 (1) [Turn Over‘ PART-A Answer any Four Out of the following: (4%5=20) (i) Can the mother of a child act as his guardian in the presence of his father? Refer to 1. decided cases. (ii) Describe Fraud as a ground to declare marriage as nullity under Section 12(1)(c) of Hindu Marriage Act, 1955. (iii) Discuss the concept of Notional Partition under Section 6 of Hindu Succession (Amendment) Act, 2005. (iv) Analyze the right of Hindu Female to take a child in adoption under the provisions of Hindu Adoption and Maintenance Act, 1956. ~~ (v) Whatare the grounds on which Karta has power to alienate the Joint Family Property under uncodified Hindu Law? s (a) Viky and Rajni were married in 2010 when Rajni was 15 years old and Viky was 2. 3. 20 years old. In 2016 Viky converted to Islam and changed his name as Karim Khan and married his girlfriend Shabana. Rajni prosecuted him for bigamy and Viky took the defence that his second marriage under Muslim Law is not void. He took the plea that he had committed no offence. Decide with reference to relevant provisions and case laws. (b) Deepak, a Hindu, working as an officer in an insurance company in Mahima, employed as a teacher in Government school in Ambala. After their marriage, Deepak wants Mahima to leave her job and join him in Delhi but she refuses to leave her job stating that she has no objection to join him at Delhi during her holidays and he is also welcome to come over to her at Ambala at any time. Deepak does not agree to this and insists that after marriage Mahima, being his wife, has to obey his order. Deepak files petition for Restitution of Conjugal Rights against Mahima. Decide with (10,10) Delhi married reference to case law and relevant provisions. (a) Rajan married Pratibha in 2020. Pratibha’s parents were very affluent and she was their spoilt child. From the very beginning of their marriage, she started misbehaving with Rajan and his family. In fits of anger she used to say that she would jump from the terrace of the house and then the whole family of Rajesh would be behind bars. She also threatened Rajan by her mischievous behaviour that she would pour kerosene on her body and set fire to herself. On 26" February 2022, she left her matrimonial home and at that time she was three months pregnant. Afterwards she started writing false complaints against Rajan to his boss as well as his colleagues. She also filed a false complaint of dowry demand against Rajan and his family. On 16" April 2023, Rajan filed a petition for divorce on the ground of cruelty. Decide with reference to case laws, 07-1 (2)(b) (a) (b) Sunil and Seema were living separately for the last two years. On the basis of settlement arrived between them, Sunil transferred valuable immovable property in favour of Seema. They jointly filed the petition for divorce under Section 13B of the Hindu Marriage Act,1955. After two months Seema withdrew her petition. Aggrieved by this, Sunil prays to the court that divorce should be granted on the basis of first petition as he already transferred the property in the name of Seema. Decide with the help of case law. (15,5) Discuss the concept of daughter as a coparcener under Hindu Law by referring to relevant statutory provisions? Whether the coparcenary right of a daughter comes into effect only if the father through whom the right is claimed was alive on the day the Hindu Succession (Amendment) Act,2005 came into force? X, a Hindu male dies in 2006 as an undivided member ofa Mitakshara coparcenary. He is survived by his father F and mother M, his wife W, two sons S'and S?, a grandson S'S, a daughter D and a brother Br and a sister Sis, Discuss who will get shares and what would be the amount of their share. (10,10) PART-B Answer any Four out of the following: (4x5=20) i) (ii) Discuss Proper Dower and its determination. Discuss the concept of Divorce by Mutual Consent under Muslim Law. (iii) Discuss the liability of the husband to provide for maintenance of the divorced wife in (iv) (vy) 6. (a) 07-1 the light of judicial interpretation of Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act,1986. Explain the concept of Talaq-ul-sunnat under Muslim Law What is Muta Marriage under Shia law? Dilip Kumar, marries Sahiba under Muslim Law,who was 14 years old at the time of her marriage. But soon after marriage,in a small dispute between the couple Sahiba left the matrimonial home and refused to come back despite Dilip trying many times to bring her back. Two years later she filed the petition secking dissolution of marriage on the ground: i. That her husband has failed to maintain her for a period of two years and ii. Option of puberty. G3) [Turn Over07-1 (b) (a) (b) (a) () Decide the case. Ahmad made a registered gift in favour of his wife Heena who was minor and the gift deed was handed over to the mother of his wife. There was no guardian of property of the wife.After two years Ahmad died because of illness. Brother and sister of the Ahmad claimed the property by challenging the validity of the gift.Decide by referring to decided cases. (10,10) Discuss the essential conditions for valid marriage under Muslim Law along with different kinds of marriages. Discuss the legal status of Triple Talaq in the light of Supreme Court judgment in the Shayara Bano case (2017) and subsequent legal developments. (10,10) Discuss the rules of exclusion because of disqualification of heirs from inheriting the property of intestate under Sunni Law. Ascertain the shares of following under Sunni Law: (i) AMuslim male X dies leaving behind mother M, father F,a true grandmother FM and two daughters D! and D? (ii) A Muslim female Y dies leaving behind her father F, mother M and two sisters Si! and Si? A Muslim has assets worth Rs. One lakh, eighty thousand. He makes a bequest in favour of three persons X,Y and Z giving them Rs.60,000 each. How much property will be allotted to each legatee by operation of principle of abatement of legacies under Sunni and Shia Law? (10,10) (4)2:44PM fy & alll € CompanyLaw&l.. Q & PART . 4 1. Answer any Four out of the follow (44-20) One of the important reasons the enactment of a new Companies Act, in 2013 was promoting economic °° Pent and welfare of the country by assisting Indian companies to auart ad OPUE their businesses. In the content of the provisions under the Companies ACh 2013, answer the following questions: 9) What are Nidhi companies” the legal provisions under the Act. ra Explain the concept and legal PiPvisions of holding and subsidiary companies under the Act. What are the (f™Mmercial reasons for creating a holding and subsidiary structure? a ©)L+ Discuss the importance and I provisions pertaining to One Person Companies (OPC) under the , d)Explain ne saik differences a Government Company and a Public Company with appropriate leg provisions. . —— 6 What are joint ventures? Can & joint venture be considered as an “associate company’ under the Companies Act, 2013? Explain with relevant provisions 2. (i) A scheme of amalgamation proposed between wo public SomParsS, ABC and XYZ. A meeting of te shareholders was held and e sgpfbved by 4 overwhalming majority of sharebolders. When the scheme Ta ABC and a shareholder of XYZ filed an objection on the grounds of Suppression of minority i ‘amomalies in the exchange ratio. What is the: court when there ise shareholder challenge pertaining to valuation ina merger scheme? Has there been a shift in the trend under the new regime of the National Company Law Tribunal (NCLT)? Also discuss in brief the procedure of compromise, arrangements and amalgamation provided under (15) the Companies Act, 2013. i) A copia vas le MRIS oe ee crea Puyul Lid. alleging that it was engaged in siphoning o ‘way of running Fonzi Schemes. The MCA then assigned the investigation to the Serious Fraud Investigation Office (SFIO) under section 212 of the ‘Companies Act,2013. Another complaint was made on the same matter before the police and a FIR was lodged. Both the SF1O and the police commenced their investigations.In such case of parallel investigation, what is the provision under the Act? Explain with relevant law and decided cases. (5) “The role of an independent director includes the task of improving the corporate credibility and governance standards of a company”. Explain what Act, 20137 ir] TO is corporate governance? Explain the role of independent directors in enhancing corporate governance. Whal are the relevant provisions under the Companies. (10)5, An: erany Four oft! Q ee ¢ i 08-11 Jaw. ii” InJanuary 2022 Mr. screrent issuesoe vith three differ at kind of come out WED : _ For this PU! s acompany that plans wer will i) Vadant Lid. i: y - (fonds for raising funds in the next ont Ye9F ge pstantiale your: re the prospectus sill be best ‘suited for Vadant LIC ording the 5 c, What a! 10) appropriate reasons and thre tegat provisions es 0137 2 a ( other kinds of prospect's under the Companies yh NY fe s Sons. a 6° ‘ Malav was the Executive Chairman of TYP” sholders during Gro In sa re al oreome one dG) Mr. Tyran Group of Companies. a general meeting, he was r moved from his PX companies from the Tyran Group also rem’ Directors, while some others. forced him tres! these events, Mr. Malav ‘approached the io (NCLT) alle ts Mr rion startle Coe ih legal provisions UNGET the Companic: whieh trate your answer with decided cases. i that has performed extrem fit, Umay4 Ltd. 4) Umaya Ltd. is 3 company year 2022-23. With the increased turnover , Umay: needs to tory Corporate Social Responsibil obligations under the Indian legal framework.Briefly ‘examine the impo! Ice ard mecessity of CSR. Advise Umaye. Tid, on the various legal prov! sions and other details like the compliances, kinds ‘of CSR activities that can be Undertaken, CSR policies, ete. (10) PART - B (4*5=20) 1 oA ° heart ailments he following Explain the principle ‘of insurable interest in 8 contract of insurance. What is the implication of this principle in respect of life insurance policies? ‘An insurance contract allows ‘subrogation’ for the benefit of the insuganrc company. Explain the principle Sr gubrogation under insurance law ae A contract of | insurance is considered as 4 contract of adhesion. Explain i ine ii e? Explain marine perils i covered by marine policics under the Indian law. 7 in Uttar Pradesh, recently came to know about a company that provided crop insurances. Advise Pawan on the importance of crop urances commonly preventin insurance explaining to ident occurred and India Salala Factories purchased a fire insurance policy. An acci took place. This: resulted ina flashover the chain of events are ~ Shor-circuiting which in tum produced enormous it causing expans! and ionization of the surrounding air. Consequently, the main switch tripped. The paint of the jt board got charred by the enormous heat produced and formed enormous The smoke and the jonized air crossed over the MS partition and entered into the adjoining compartment receiving ‘electricity fro he generator, Thereafter, the gcnerator power ‘supply also got { tripped. in total power failure in the ¢ factory. This $101 the water/steam in 2/3 feat boiler and resulted in a thermal shock causing damage to the bot [Tura over @ and the risks that can be -dthe di sai lamage under the fire i i catata factories C1 hee ‘ he fire insurance policy, the : fused ‘ompensation on the ground thai fire was not When any Te jamage in question., While arguing this mat he amag cs Sale’ question, Whil hi it nsuranes Tre cause_OF 1 aw will be applicable? Explain the legal principle ity in the Insurance Sector was established to protect Auth $ sof insurance policies, to re s 4 " » to regulate, prot af old ence indy in India. Explain the aealuacun ‘ity. ‘ofthe Authority: (10) " i life ins i : policyholder applied for 4 surance but did not disclos hess nites oe lee Aber he heamencement of the P ‘Movember 2009, he developed stokes, and expired i Seplember 2010, When his widow Sletmed under ihe insurer notified the repudiation of the policy on the ground of “Fraudulent non-disclosure of materi fs Discuss the legal principles surrounding uberrimaefidei disclosure in insurance contracts. Elaborate your mache A ee Pranay died due to an accident that was caused by buble sunate incident, his wife Mala e insurance policy that ae eo ‘ofthe kitchen stove in his house. After the un: t.fore the insurance company against a lifea “ (4x5=20) in the Principle of insurable interest in a contract of insurance. What is the implication of this principle in respect of life insurance policies? Sy An insurance contract allows ‘subrogation’ for the benefit of the ii company. Explain the principle of subrogation under insurance law ad pe ¢) A-contract of insurance is considered as a contract of adhesion. Explain ~~ What is marine insurance? Explain marine perils and the risks that can be covered by marine policies under the Indian law. J} Pawan, a farmer in Uttar Pradesh, recently came to know about a company ‘that provided crop insurances. Advise Pawan on the importance of crop insurance explaining to him the types of erop insurances commonly prevent ia India eG Salala Factories purchased a fire insurance policy. An accident occurred and the chain of events are - Short-circuiting took place. This resulted in a flashover which in turn produced enormous heat causing expansion and ionization of the surrounding air. Consequently, the main switch tripped. The paint of the fancl board got charred by the enalmous heat produced ot formed enormous Stoke and soot. The smoke and the ionized air crossed over the MS partition and entered into the adjoining compartment receiving electricity trom the gencrator. Thereafter, the generator power supply also got tripped, resulting in total power failure in the factory. This siopped the water/steam in the waste heat boiler and resulted in a thermal shock causing damage to the boiler tubes. os [Turn Over @ dhe damage unde the fire insurance policy, the he Compensation o rn When Salala factoric’ any 8 mag sae On the Ground thal ie was no Mrranee company A While arguing this matter the proxi He Saran Wl Be app 7 Explain the legal penile which pine! 10) with decided caste rity in the Insurance Sector was established to a, (i) The Regulate olders of insurance policies, to regulate, promote and ensure the owt of the insurance industry in India, Explain the roleand importance ler! . (10) ofthe Authority: Lt ied for a life insurance but did not disclose some of the 1 oh papal es suffering from when he bought the policy. After the hear ailments atthe policy in Blawesaber-2009, he developed severe commencemen! ©. ad in September 2010. When his widow claimed under problems, and AP noted the repudiation of the policy on the ground of nt isclosure of materi: i | “Fan les surrounding, uberrimasfide! | fod ae ay swe disclosure jn insurance contracts. Elaborate your ans’ a) ae died due to an accident that was caused by bursting we a ba ney . After the unfortunate incident, his mite Male fietaclaim before the ngurane® compe ny against ifs ined in P ai T3017. Ta earn ey The deceased had deliberately nade ae and withheld material information regarding the health at the time of purchasing be i i in the light of Section Explai tion of the rights of the policy holder in Teor ike Wome Aa 1938. Also discuss the major changes that were introduced in the provision by the Insurance Laws (Amendment) Act, aa: and its impact on the rights of the policy-holder, (10) ‘ insurance contract must be imparted a reasonable business = 8 he Saco ar iz in mind the intentions conveyed by the words used in the policy document-Explain the special considerations that are implemented in interpreting @ contract of Insurance. Substantiate your answer with decided cases. oo - s 10) (i) Amotorist, while driving without a valid insurance policy, caused an accident resulting in injuries toa pedestrian. The inj \jured pedestrian secks compensation for their medical expenses and damages, Explain the legal provisions and principles under the Motor Vehicles Agt concerni ir insurance for motor vehicles and discuss the potential i 3. penalties, and & legal actions that may be taken against the motorist for failing to have third-party insurance coverage (10) (4) 08-11108336 Roll No. {loo +3 | 2(KCSJ)3 (OPTIONAL) Total No. of Printed Pages-3] PAPER - Ill PRINCIPLES OF EQUITY INCLUDING THE LAW OF TRUSTS AND SPECIFIC RELIEF [09] Time Allotted - Three Hours Maximum Marks-100 INSTRUCTIONS Please read each of the following Instructions carefully before attempting the paper. i) There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. 1 and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (QCA) Booklet in the space provided. ii) Your answer should be precise and coherent. iii) book. strict adherence. vy) circumstances. vi) No blank page should be left in between answers to various questions. 09-111/2023 (1) If you encounter any typographical error, please read it as it appears in the text iv) Candidates are in their own interest advised to go through the general instructions on the back side of the title page of the Answer Script for No continuation sheets shall be provided to any candidate under any [Turn Over1. Answer any Four out of the following: (a) (b) (c) @ (e) 2 @ (b) 3 @) (b) 4. (a) (b) 09-IIT PART-A (4*5=20) In which case Sir Nathan Wright L.K. said equity is no part of the law. Anal the fact of this case with the concept that equity does not destroy the law. a Cases wherein the plaintiff at his option could proceed either at the Common Law Courts or at the Chancery Courts and wherein the relief granted to the plaintiff was almost the same but the method and way it was granted by the Common Law Courts was not so effective. In such a situation, what was the role of equity? Examine with the help of case law. “Invention of trust has been ‘a most powerful instrument of social experimentation’.” In this context, elucidate the conceptualization of trust and its application. “ the oe. the Trust Act 1881, the speech of Stokes was that before the rst aw t : oo of] English equity, justice and good conscience were applied. ais Was cited by Bombay High Court in a case. Commentover it, with reference to this case. Constructive trusts arise by operation of law but according to circumstances it is based on the principles of equity. Critically examine. A, living in Calcutta, is a trustee for B, living in Bombay, A remits trust-funds to B by bills drawn by a person of ‘undoubted credit in favour of the trustee as such, and payable at Bombay. Bills are dishonored. What is the liability of A in this case? Decide the case by supporting the provisions of law. A’s shop and its stock in trade are conveyed to P on condition that P is to pay A’s debts and to grant legacy to Q. what is the nature of this problem relating to the creation of Trust? (10,10) The powers of the trustees principles laid down by the c with the support of illustrations. Examine the provisions and the conditions when a trustee can purchase trust property. Elucidate the restrictions on the same also. (15,5) “tis not the trustee to dictate to the ‘cestuique trust’ claim”. Maitland: Lectures on Equity, Chap. XTV, p. 221;Critical and liabilities of the beneficiary in this context. A transfers Rs. 10,000 in the four percent to B, in trust to pay the interest annually th ofA and C who will accruing due to C for her life. A dies. Then C dies. After the deat hold the fund for whom? Decide. (15,5) are subject to the provisions of the Indian Trust Act and court of law in India.Co-relatedly examine this statement in what shape he will make his ly examine the rights (2)5. PART-B Answer any Four out of the following: (4x5=20) (a) A, owner ofa ship, by fraudulently representing her to be seaworthy, induces B, an underwriter, to insure her. In this case what is the legal remedy available to B, under specific relief law and where from will he get the relief. Explain your answer pointwise. (b) Comment on the statement that “the remedies for the nonperformance of the duty enforceable by law are either compensatory or specific”. Support your answer with the provision of law. (c) A bequeaths land to B for his life with remainder to C.A dies. B enters the land but C, without B’s consent obtains possession of title deeds. In this case, decide B’s rights and support your answer with the legal provisions. (d) Examine the exceptions to the contract which can be specifically enforced. There are lot of differences in between temporary, perpetual, and mandatory injunction, but in every kind of granting injunction, it requires to follow the legal procedure by the court. Analyze the difference in between these by considering the judgment of the Supreme Court on State of Haryana v State of Punjab (2004) 12 SCC 673. (a) Comment on the legal provisions of granting specific performance which is also rooted in equitable relief of common law principles. Support your answer with case law. (b) A contracts to buy a piece of laiid from X. There is no right of way existing to it and nothing is mentioned in the contract about the said right. Whether this contract can be specially enforced? Support your answer with the legal provisions. (10,10) 7. (a) A filed a suit for permanent injunction against dispossession of the property against B on the plea that he had long and exclusive possession of the property for several decades. B did not take the plea that he had title to the property in the written statement. Permanent injunction was granted to A. B filed an appeal against this order. Will B succeed? Explain. (b) Critically examine the legal provisions for grant of declaration by the Court under the Specific Relief Act 1963 and elucidate the factors when Court may grant declaration? (10,10) 8. (a) A, warehouse keeper, is charged with the delivery of certain goods to Z, which B takes out of A’s possession. In this case, who may sue against whom, for what purpose; and under which law? Categorically explain. (b) Examine the relief against parties and persons claiming under them by subsequent title as prescribed under the Specific Relief Act and explain the conditions as imposed by the law in this regard. (10,10) 09-1 (3)109495 L : Roll No. Slo Total No. of Printed Pages-4] 2(KCSJ)3 (OPTIONAL) PAPER - IV LAW OF CONTRACT AND LAW OF TORTS [10] Maximum Marks-100 Time Allotted - Three Hours INSTRUCTIONS Please read each of the following Instructions carefully before attempting the paper. There are Eight questions divided in Two Parts and printed in English. Candidate has to attempt Five questions in all. Questions No. 1 and 5 are compulsory and out of the remaining, any Three are to be attempted choosing at least One question from each Part. The number of marks carried by a Question/Part is indicated against it. Answers must be written in English in Question-Cum- Answer (QCA) Booklet in the space provided. i) ii) Your answer should be precise and coherent. iii) If you encounter any typographical error, please read it as it appears in the text book. iv) Candidates are in their own interest advised to go through the general instructions on the back side of the title page of the Answer Script for strict adherence. v) No continuation sheets shall be provided to any candidate under any circumstances. vi) No blank page should be left in between answers to various questions. 10-FV/2023 (i) [Turn Over3. PART-A ut of the following t for Service’ and ‘Contract of Service’, Answer any Four 0 (4*5=20) plain ‘Contract : ee between ‘unliquidated damages’ and ‘liquidated damages’ in Contracts b. Di =e the validity of the following clause in a service agreement with reference to - postion 97 of the Indian Contract Act, 1872: -“For the next two years, immediately the company, if any employee engages himself in any competing business after leaving | n y orservice, his outstanding due/incentives will be forfeited, by the company”. a ‘A’agrees that if ‘B’ pays him Rs. 50000, ‘A’ will not sue ‘B’ for negligence for the matter, wherein, ‘A’ was served food in B’s restaurant with a dead housefly in it. Discuss the validity of the contract. Discuss the nature of minor’s agreement in India as given under Indian Contract Act, 1872. i) Prakash wanted to sell his house for Rs. 2 Crore and 50 Lakhs. He advertised the same in the local newspaper, wherein his telephone number was mentioned, for interested parties to contact him. Rahul saw the advertisement and called Prakash on the given number. They fixed an appointment to visit and see the house. Rahul liked the house but could not agree on a price with Prakash, Rahul’s highest offer was Rs. 2 Crores and 20 Lakhs only. Prakash insisted on Rs. 2 crores one eas On the following Monday i.e 24" July 2023, Rahul received a letter from Pfyilip offering him the house for Rs. 2 crores and 35 Lakhs and the asserting that Rahul could have until noon on Friday i.e until 12:00 P.M of 28" July 2023, to think about it. On Thursday evening Rahul met his brother Kailash and told him about the recent letter that he received from Prakash. Kailash replied, Oh! But this house is already sold by Prakash to his cousin, today morning for Rs. 2 Crore 45 Lakhs.” Rahul came back home and same day wrote a letter to Prakash accepting his offer to sell the house at Rs. 2 crores and 35 Lakhs. Rahul posted the letter immediately and Prakash received it on Friday evening. Prakash replies by a letter saying, “You are too late. I have sold the house to my cousin.” Advise Rahul. Support your answer with relevant Case laws. (15) (ii) Discuss the Doctrine of Frustration of Contract as propounded In Indian Contract Act,1872. (5) (i) ‘A’ was indebted to ‘B’ bank under an overdraft. A’s father ‘K’ had guaranteed the repayment of the overdraft. ‘K’ gifted his properties to the members of his family. The gift deed provided that the liability, ifany, under the guarantee should be met by the respective sons, including ‘A’, either from their own assets or from the share of property he gifted to them. ‘B’ bank attempted to hold ‘A’ liable as per the provision of the deed. Whether ‘ B’ bank would succeed in the proceedings? Referring the judgment of Supreme Court discuss the principle applicable to above problem. Also, state exceptions to the principle. ~ (15) é. (ii) Bis the owner of a Rental Car Service Agency in Delhi and gives car on rent to the 0-IV people on hire basis. He gets a standard form contract signed by the customers stating the exact destination and other conditions related to careful driving and compliances with Law and Traffic rules etc. A takes a Car on rent from B for two days, to go to Chandigarh from Delhi and for return the next day. He also wrote the required details (2)(ii) and signed the contract. A drove carefully and followed all the traffic and ( | other rel rules but instead of Chandigarh he drove to Jaipur and the car got damaged when C's car hit it wrongfully from behind. Discuss A’s liability, if any with reference to the contract between A and B. (5) ABC Entertainment Ltd. organized a private show for a wedding for which on the special request of the bridegroom they booked the famous singer Rapper MJ and paid 10 Lakh rupees as the advance payment. Rest 15 lakhs was to be paid after the performance. On the day of the wedding Rapper MJ suffered an accident and could not perform. Although he offered to send his good friend and equally famous musician Amit Bhushan for the show. As there was no other alternative available, the bridegroom halfheartedly agreed to the arrangement. Amit Bhushan performed and was applauded by all the guests present. Later the payment of 15 lakhs was stopped after which Rapper MJ approached the court. Decide the matter on merits. d5) fete i.e, Seller “M” and buyer “N”, entered into an agreement in the following “T agree to sell you my car for the amount of Rs. 7,600,000 and agree to transfer the absolute ownership of the car in your favour. However, the car has tremendous emotional value for me, hence, if I repay the amount of Rs. 7,00,000 within a year you have agreed to resell it back to me without any delay or conditions.” Discuss the validity of the contract. Also, if N sells the car to S before one year discuss his liability vis-a-vis M. (5) PART-B Write a notes on any Four of the following: (4x5=20) 53.4 b c. ° (ii) 10-IV “The king can do no wrong”, explain with reference to the concept of Sovereign immunities and Acts of the State in India. Discuss the exceptions to ‘Volenti non fit injuria’. A, an election officer wrongfully stopped B from casting his vote in the election. However, B wanted to vote for Hari, who won the election. Explain the tortious liability with the help of maxims: “Damnum Sine injuria and Inj uria Sine Damnum”. Define and differentiate between tort of Battery and Assault. In law of torts, who are called the primary and secondary victims in the cases of nervous shock? Kabir hired XYZ Interior Decorators to design his new office. Rajan the Head designer of the Interior Designers Team of the XYZ Interior Decorators met Kabir and understood his requirements. Kabir suggested a few changes, which were incorporated by Rajan and the final plan was made accordingly. Finally, the plan was left to the XYZ Interior Decorators to execute. As per plan an outer brick wall was to be broken partially to fix a metal grill. Rajan hired a contractor to break the wall and a piece of brick fell down in the neighbour’s premises and damaged his car that was parked there. The jan for seeking compensation but Rajan took defence neighbour filed a suit against Raj that he was only the agent and it was Kabir who should be made liable. Decide the (15) matter with the help of relevant case laws. Analyze the Pigeon Hole theory of Law of Torts. (5) (3) [Turn Over8. 7. i icals Ltd. is a Pesticide company and uses a few inflammable and @ pas producing substances for their process of making Pesticides. For the said purpose they store gallons of the hazardous liquid in big leak proof barrels. The Company has created a multi-level quality control process, daily visits and checking procedures and mechanisms to avoid any possibility of leakage. On 5 October, 2022 due to a strong jerk of the earth quake, the nearby telephone tower fell down damaging one of the walls of the storeroom of the Company causing leakage of the Hydrogen Sulphide Gas. A fter 2 hours the leakage was stopped but by then the people from the neighbouring areas started complaining about the feeling of nausea and haziness. A local NGO working for the environment protection filed a case against the company. With the help of relevant case laws, discuss the tortious liability of SRC Chemicals Ltd. and the defences available to them, ifany. (15) (ii) Soham hada huge neem tree in his lawn. During monsoon, one night there was storm and heavy rain fall, due to which the tree fell down damaging neighbour Suresh’s portico completely. Suresh sued Soham but Soham took the defense of ‘Act of God’. Discuss ‘Act of God’ as a defence under Jaw of torts in India with the help of the case law.(5) (i) Paramjit was suffering with high fever and went to a Baba HRS Charitable Hospital in Amritsar. General Physician Dr. Amit was on duty and he told Parmjit to get certain pathological tests done. Dr. Amit advised him to come back with the reports by 6:00 pm same day. A fier collecting his reports, Paramjit’s couldn’t reach the hospital on time. As his fever was rising, he insisted to mect Dr. Amit only and the hospital staff told him that after 6:00 pm Dr. Amit sits in his private Clinic for 2 hour and he can meet the doctor there. Paramjit rushed to Dr. Amit’s private clinic, paid for the OPD charges there and showed him the report. Dr. Amit prescribed some medicines and told Paramjit to come back to the Baba HRS Charitable Hospital again after 3 days but before 6:00 pm. Late that night, after taking the prescribed medicine Paramjit developed acute pain and stomachache along with high fever. Next day early morning he reached the hospital emergency ward of Baba HRS Charitable Hospital and Dr. Shah, the then doctor on duty, informed the family that the diagnosis was wrong and the given medicine has aggravated Paramjit’s ailment and there is some internal bleeding that has begun. Paramjit took 40 days to recover completely. He, later filed a complaint in Consumer Redressal Forum. Discuss the liability of (a) DrAmit (b) Baba BRS Charitable Hospital (10) primarily, (ii) “Tort is a branch of private law that focuses on interpersonal wrongdoing, and whose between private persons as to how people are permitted to treat each other, problem it is, when things go wrong. Unlike the law of contract, tortious obligations are not normally entered into voluntarily; unlike the criminal law, the state is not necessarily a party to a tort action”, Discuss in brief the nature and character of law of torts and di fferentiate it from law (10) of contract and criminal law. : (4)