Professional Documents
Culture Documents
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(Name)
Roll No.
2. (Signature)
(Name)
J5 8 0 9
Time : 2 hours]
(In words)
PAPERIII
LAW
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1.
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2.
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3.
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(i)
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4.
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5.
6.
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7.
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8.
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9.
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J5809
P.T.O.
LAW
PAPERIII
-III
NOTE :
This paper is of two hundred (200) marks containing four (4) sections.
Candidates are required to attempt the questions contained in these sections
according to the detailed instructions given therein.
(200) (4)
S
J5809
SECTION - I
UI
Note :
(5)
(30) (5)
(5x5=25
Extreme poverty impedes social and economic development and threatens the
rule of law and social fabric of any society. If poverty is recognised as a violation of
human rights, it is possible that the Judiciary may be empowered to intervene, when
situations of poverty are consequences of failures in governance. Active and sustained
involvement of civil society is necessary for tackling any social problem, including poverty.
If poverty is recognised as a human rights issue both domestic and international civil
society would need to take an active part in promoting it as such, and in resisting any
policy that loses sight of the need to constantly keep poverty in check. The human
rights activism that is typically generated through the work of civil actors can be useful
for the various departments of governments that engage in formulating and
implementing policies relating to fighting poverty. A human rights approach creates
an empowering dimension in the work of civil society in ensuring transparency of the
government. Poverty recognised only as an economic and public policy issue invites
official responses from government bodies. But the human rights aspects of the
discussion will receive a wider community of responses. This empowering dimension
of the human rights discourse is useful in sustaining poverty-free governance as a basic
principle of administration.
When poverty is recognised as a human rights issue, it is possible to achieve
political consensus on the ways and means of fighting it. Further it can ensure that
objectivity is maintained in the implementation of policies relating to fighting poverty
so that resource allocation and targetting of the areas and people who are suffering
from extreme poverty is not based on any biases or prejudices. This is important as it is
possible that the resources that are allocated to fight poverty may not reach the true
and deserving beneficiaries, because of corruption or other abuse of power. To avoid
this problem the recognition of poverty as a human rights issue broadens the scope for
engagement, and political consensus can be developed to ensure that violations are
uniformly recognised, without any form of discrimination maintaining political consensus
on issues relating to poverty can then in time result in the broader application of
internationally developed good governance principles.
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U U U M
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US U S
U UU U
J5809
P.T.O.
M SU U UC U cU
U UU U
U U U mU U UU
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U C UU U U , U
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UU S U U U U U
U U # U U C U
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U M SU , Mh h U
U U U # U UQ Mh
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U U Q , U U
Mh U , CU
Q M U S U S
, U M , SU S
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SU U h U
1.
US S U ?
J5809
2.
Whether poverty could be recognised as a human rights issue ? Support your answer.
U l ? U C
3.
U ?
J5809
P.T.O.
4.
State the reasons why the resources that are allocated to fight poverty mostly do not
reach to deserving beneficiaries.
U U U U , U S
U ?
5.
How the various human rights could be effectuated in a developing country like India ?
U U U ?
J5809
SECTION - II
UII
Note :
- (5-5) (15)
(30)
(5x15=75
6.
The law declared by the Supreme court of India shall be binding on all courts within
the territory of India. Discuss.
mU U U U hU
J5809
P.T.O.
7.
8.
h U ? U
g - U ?
J5809
9.
U U
10.
U # U U ?
J5809
P.T.O.
11.
Explain the principle of Joint liability on account of criminal acts done by several persons
in furtherance of common intention.
Q mU U Q
h SC
12.
U U U 309 ?
J5809
10
13.
U U U
14.
UC UU U
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11
P.T.O.
15.
Discuss the necessity and justification for mandatory registration of Marriage in India.
S U
16.
Polygamy under Muslim Law is not a general rule but an exception. Discuss.
S U
J5809
12
17.
U U U ?
18.
U SC
J5809
13
P.T.O.
19.
Discuss legal role of directors particularly in context of statutory disclosures they are
legally obliged to make.
UU U
M
20.
U U U
J5809
14
SECTION - III
UIII
Note :
This section contains five (5) questions from each of the electives /
specialisations. The candidate has to choose only one elective / specialisation
and answer all the five questions from it. Each question carries twelve (12)
marks and is to be answered in about two hundred (200) words.
(12x5=60 marks)
/ (5)
/
(12) (200)
(12x5=60
Elective - I
UI
21.
Distribution of legislative powers between the Union and the states has been heavily
tilted in favour of the Union. Explain
U U Q U S U U ?
22.
The reservation policy adopted in India in the last five and half decades has failed to
promote Social Justice. Critically examine this statement and suggest measures to
protect the interest of socially, educationally and economically backward class of people.
U U U h U U
U , M U Z
U
23.
The Supreme Court in Maneka Gandhis case has revolutionised the law relating to
personal liberty under Article 21 of the constitution ? Explain its new dimension.
U
24.
21
The doctrine of basic structure has established the Judicial supremacy in the area of
constitutional amendment. Examine.
h S U U
J5809
15
P.T.O.
25.
In the context of Judicial activism evaluate the contribution of the Supreme Court of
India, with the help of decided cases.
, , U
OR /
Elective - II
II
21.
Rule of Law demands that law should be able to control numerous wide discretionary
powers. Explain.
U S U U SC
22.
Though administrative discretion has a value of its own, but it is a ruthless master
also. Discuss.
l S , S
23.
No one shall be a Judge in his own cause Explain the statement with illustration.
Q S U
24.
g SC
25.
U Q U Z U
OR /
Elective - III
III
21.
, , U , -
22.
Define Law and morality and explain the relationship between them.
U
J5809
16
23.
U S U
24.
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h
25.
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OR /
Elective - IV
IV
21.
What is theft ? Immovable property when becomes subject of theft ? What is the
difference between a theft in a dwelling house and outside ?
U ? U S ? U U U U U U
U ?
22.
What is the role of mens rea in the commission of crime ? Is it applicable under the
Indian Penal Code ?
U U U U ? U U ?
23.
Define the offence of Adultery and Bigamy. Are you in favour of any amendment in
the definition of these offences or not ? Give answer with reasons.
U
m U U U U U
? U U
24.
Mistake is not mere forgetfulness Discuss mistake in the light of this statement and
explain also the difference between mistake of fact and mistake of law.
(mistake)
S - U (mistake)
U U SC
25.
On what grounds a person is said to make a false document ? What offence does he
commit thereby ? When does mens signature of his own name amount to forgery ?
U Q S U ? U U U ?
S U SU U U U U
OR /
J5809
17
P.T.O.
Elective - V
V
21.
U (U) ,
22.
1986
C U
U U -
23.
Elucidate the directions of the Supreme Court with regard to environmental education.
U S
24.
Examine the legislative and Judicial measures for management of Hazardous wastes.
UU C U
25.
U U U
OR /
Elective - VI
VI
21.
The distinction between National law and International law is blurring gradually
Explain.
UC UC - U U
22.
UU U U U
23.
U S U U S
24.
Examine the role of the General Assembly in the maintenance of International Peace
and Security.
UcU U U .. . U
25.
U.U..
(WTO)
OR /
J5809
18
Elective - VII
VII
21.
U U h
22.
Discuss with the help of recent cases the Muslim divorced wifes right to maintenance
under the Muslim Women (Protection of Rights on Divorce) Act 1986.
S ( U U U) , 1986
U- U
23.
Discuss whether abortion by the wife without the consent of her husband is a ground
for dissolution of marriage.
U % U U U
24.
U U U M
25.
Whether the Supreme Court of India can direct to Government of India to implement
the Article 44 of the constitution? Refer to recent cases.
U , U UU 44 U
U
OR /
Elective - VIII
VIII
21.
22.
Explain the concept of Socio-Economic rights enshrined under the Indian Constitution.
U U
23.
Examine various measures taken globally to protect the right against torture.
Lh U U , UU
J5809
19
P.T.O.
24.
Critically evaluate the areas where Womens Human Rights are violated. Give a brief
account of the role of Supreme Court of India in protecting womens right to dignity
and privacy
U U
U U U # U
25.
Are you satisfied with the teeth provided to the National Human Rights Commission
in protecting the Human Rights in India?
U U U UC U ,
C ?
OR /
Elective - IX
IX
21.
Does Tort law make a distinction between infringement of different kinds of rights?
Give reasons for your answer?
U U U ? U U
22.
U g U
U
23.
24.
UU U (U)
25.
Explain the need for a separate legal regime for consumer protection.
Q U SC
OR /
J5809
20
Elective - X
21.
Critically examine legal position of directors under S, 2(13) of the Companies Act,
nominee directors, independent directors, Government directors and directors appointed
by the court, in context of corporate governance.
( U S.2(13)) S , UU mU
Q S U, ,
22.
Distinguish between sale and agreement to sale, explaining legal position of parties
relating to sale, particularly in context of breach and remedies.
- U S U
, UU U SC
23.
Critically appreciate concepts of property and agency under statutory provisions and
judicial dicta relating to domain of law of partnership.
U U U
24.
Discuss object, scope and implication of doctrine of ultra vires applied to companies.
Should India scrap the doctrine as England has done? Give reasons for your answer.
U U , SU
U U U U ? U
25.
Examine rights, liabilities and remedies of various persons under the negotiable
instruments Act.
U Q U, U U
J5809
21
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22
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P.T.O.
SECTION - IV
IV
Note :
This section consists of one essay type question of forty (40) marks to
be answered in about one thousand (1000) words on any of the
following topics.
(40x1=40 marks)
(40)
, (1000)
(40x1=40
26.
U U
OR /
The need for democratisation of the United Nation.
Q UC U
OR /
Lip Service of law to make companies socially responsible through good corporate
governance
U U U
U
OR /
Welfare and custody of child in divorce cases
U
OR /
Desirability or otherwise of decriminalising offences of Homosexuality, Attempt to
commit suicide and consumption of Narcotic Drugs.
U, U S U U
U U
J5809
32
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26
51
76
27
52
77
28
53
78
29
54
79
30
55
80
31
56
81
32
57
82
33
58
83
34
59
84
10
35
60
85
11
36
61
86
12
37
62
87
13
38
63
88
14
39
64
89
15
40
65
90
16
41
66
91
17
42
67
92
18
43
68
93
19
44
69
94
20
45
70
95
21
46
71
96
22
47
72
97
23
48
73
98
24
49
74
99
25
50
75
100
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks
Obtained
Question
Number
Marks Obtained
J5809
Date .............................
40