SLLB.IV 04.14, 0631 Regn. [Aloo ISjo|6 [C] THREE YEAR LL.B. DEGREE Il SEMESTER EXAMINATION APRIL 2014 (C9 JURISPRUDENCE (LEGAL METHOD, INDIAN LEGAL SYSTEM AND BASIC THEORY OF LAW) Time : 3 Hours PART A (Answer ANY FIVE questions) Write notes on the following: (@) Natural Law School (©) Historical School of Law (©) Feminist jurisprudence (OF Grund norm (©)+ Primary source of law () Right in personam (@)/ Decisions per incuriam (b) 4 Obiter dictum @- Legal realism PARTB (Answer ANY THO questions) ‘Maximum Marks : 50 ($x4=20) (@x6=12) ‘What is meant by legal personality? Analyse the concept of personality associated with companies. Refer to various theories and cases. Examine the school of positivism. ‘Analyse the binding nature of precedents in India, Compare with the position in UK. PART C (Answer ANY TWO questions) V. 7 Write an essay on ‘Legislation as source of law’. V1. ‘C Explain the theory of social engineering. vu. @x9=18) “Analyse the techniques adopted by the judiciary in balancing between fundamental rights and directive principles. seeSLLB.IIV/04.14.0632 Reg. No. ( THREE YEAR LL.B. DEGREE III SEMESTER EXAMINATION APRIL 2014 C.10 CONSTITUTIONAL LAW-II Time :3 Hours ‘Maximum Marks : 50 PART A (Answer ANY FIVE questions) (x4=20) 1. (@) Doctrine of éctipse ©) Mandamus (© The twin tests of equality @ Lawin force (© Doctrine of legitimate expectation ()_Susticiability of directive principles (g) Protective discrimination/ (©) Rightto pformation / @ — Expostfacto law / © Right against exploitation y PART B (Answer ANY TIVO questions) (@x6=12) 1. ‘The government employees of the state X gave notice of strike, Then the government banned the associations and their activities among the government servants and also prohibited strikes by government servants. The government employees wish to approach the judiciary against the decision of the government on the ground that the decision is violative of their fundamental rights. Advise the employees. TM ‘A’ & “BY are husband and wife. The jointly purchased a house. Later, there developed a discord between them and they decided to separate. By the time ‘B’ the wife got an order under the Domestic Violence Act prohibiting ‘A’ ffom entering the house. Now, he approached the High Court against the order on the ground that it is violative of his fandamental rights. Decide. “Mt is a sex worker known in the whole state where prostitution is prohibited. But, she ‘became immensely rich through her profession, Now finding that she has been making high {income through sex working, the Income Tax Department asked her to pay tax for the same. ‘She replied that she was not engaged in any ‘trade, profession, business, or calling” and therefore cannot be taxed. Advise the IT Department. PART C (Answer ANY TWO questions) Z (@x9=18) V. Trace the development of the concept of state in the light of the judicial decisions. Vi “Baquality is antithetic to arbitrariness”. — Bhagawati J. Elucidate. Explain the tests to VI. _Discuss the aspects of the right to personal liberty in the light of the judicial3 LLB 04.14.0633 Rep No ] B THREE YEAR LL.B. DEGREE Ill SEMESTER EXAMINATION APRIL 2014 C11 LAW OF EVIDENCE ‘Time: 3 Hours Maximum Marks : $0 im. VL va. PART A (Answer ANY FIVE questions) (Sx4=20) (@) _Lawof evidence is said to be “Lex-fort, Explain, 4 8 Fa se tt rtm © is the basis of the rule of estoppel? How is it different from promissory estoppel? (@ __ Can the English law permitting, blood test for determination of paternity for timacy of child be applied in India? Give a reasoned answer. oe eae (© communication between a lawyer and his client i privileged subject to certain conditions. Explain. © When is a witness said to have tured hostile? Is the evidence given by such a jtness still relevant and admissible? (8) Who is an expert? When is the opinion of an expert relevant? (Briefly discuss the provisions relating to public documents under the Indian Evidence Act. PART B (Answer ANY TWO questions) Document “Dy” is an agreement. ‘D2’ is the typed copy of D; and ‘Ds" is the carbon copy of Ds. ‘Dy’ is a photostat copy of Ds. Discuss the admissibility of Ds, sand D, to prove the contents of" ‘While in the custody of police, an accused gave the following statement to the investigating office. “I stabbed him with a knife. Ihave hidden it ina yard in my village. I will show you the place if you come”. On the basis ofthis statement the yard was searched in the presence of the accused and the knife was recovered. Examine the admissibility of the statement in evidence. “A” prosecutes ‘BY for adultery with ‘C’,A’s wife. B denies that Cis A’s wife, but the court convicts B for adultery. “Afterwards, Cis prosecuted for bigamy in marrying B during A’s lifetime. C says that she never was A’s wife. Is the judgment against ‘B® relevant against ‘C"? PART C (Answer ANY TWO questions) Qx918) ‘What is meant by ‘evidence"? What is the difference between ‘evidence’ and ‘proof’? Explain the different types of evidence. Explain the doctrine of ‘Res Gestae’ with the help of decided cases. Do you agree with the view that “this doctrine is not only useless but is also harmful”? ‘Substantiate your answer giving 60g : ‘What do you understand by ‘dying declaration’? Discuss the points of distinction between Indian law and English Taw regarding relevancy of dying declaration. Under what circumstances dying declaration is admissible under the Indian Evidence Act?