Sunday, July 22, 2018

Constitutional Law of India (Nature of the Constitutions & Fundamental Rights)- K-1002


11162
LL. B. (I Sem.) Examination, Dec. 2015
LAW-II Constitutional Law of India (Nature of the Constitutions & Fundamental Rights)
(K-1002)
Time : Three Hours] [Maximum Marks 100
Note Attempt questions from all Sections as per instructions.
Section-A
(Very Short Answer Questions)
Answer all the five questions. Each question carries 4 marks. Very short answer is required not exceeding 75 words. 4×5=20

Year 2014
1 Who can claim fundamental rights?
2 What are the importance of Directive Principles of State Policy
3 Write down the Preamble of the Constitution of India
4 How many fundamental Rights are there in our constitution? Write at of them
5 Write down the restrictions imposed under Article 19(2) of the Constitution on the Freedom of speech and expression.

Year 2015
1. What is need of constitutional law
2. Explain the term “equal protection of law”.
3. Who are socially and educationally Backward Classes?
4. Explain the provisions of Article 15(5) of the Constitution.
5. How many freedoms have been provided by Article 19(1)? 19(1) t ’14)

Year 2016
1. Write down the inserted words in the preamble of the constitution by 42nd constitutional amendment act
2. Against whom the Fundamental rights are available? Discuss in very brief.
3. Under what conditions the fundamental rights can be suspended?
4. Write down the rights contained in articles 23 and 24 of the constitution of India
5. What are the Fundamental duties provided under the Indian constitution?

Year 2017
1. Distinguish between ‘Equality before law’ and ‘Equal protection of Laws’.
2. How many fundamentals rights are there under the constitution of India? Write down in very brief.
3. Write down the provision as contained under Article 21A of the constitution of India.
4. What is the importance of Directive Principles of State Policy as contained under the Indian Constitution.?
5. Can religious freedom to individuals as guaranteed under article 25 of the constitution be restricted? If yes, then write down the grounds.  

Year 2018
1 Doctrine of basic structure
2 Ex Post Facto Laws
3 Double Zeoprody
4 Fundamental Duties of Citizens
5 Judicial Review


Section-B
(Short Answer Questions)
Answer any two questions out of the following three questions. Each question carries 10 marks. Short answer is required not exceeding 200 words. 10×2=20

Year 2015

6 Explain the judicial attitude on the relationship of the Directive Principles of the State policy and Fundamental rights
7 Discuss protection in respect of conviction for offences contained under Article 20 of the Constitution. Refer to decided cases
8 Discuss the “Doctrine of reasonable classification”. Evolved through judicial interpretation 

Year 2015

6. What do you think is the form/nature of our constitution—federal, unitary or quasi-federal ? Critically examine the statement.
7. Explain and elucidate the meaning of the “Right to personal liberty”. Analyse critically the guidelines prescribed by the Supreme Court in this context.
8. Write a note on fundamental duties.

Year 2016

6. “The harmony and balance between fundamental rights and directive principles of state policy is an essential feature of the basic structure of the constitution.” Discuss with help of decided cases.
7. Explain the “safeguards against arbitrary arrest and detention” as provided by Indian constitution.
8. Like should be treated alike is the, meaning of equality, unlike should be treated alike is not the meaning of equality.” Discuss with the help of decided cases.

Year 2017

6. “Article 14 enunciates a vital principle which lies at the core of our republicanism shines like beacon light printing towards the goal of classless-egalitarian-socio-economic order”. Examine the above statement in the light of Indian case law.
7. The concept of federalism is subject to change with changing time. Where will you place the constitution of India in this changing concept? Discuss.
8. Discuss the relationship between Directive Principles of State Policy and Fundamental Rights. Refer to decided cases.

Year 2018
6 “Supreme court is a watchful sentinel of the fundamental rights”. Explain this statement
7 On what grounds restrictions may be imposed on the citizen rights to freedom of speech and expression?
8 What is the meaning of the word ‘only’ as used u/Art 15(1) of the Constitution?



Section-C
(Detailed Answer Questions)
Answer any three questions out of the following five questions. Each question carries 20 marks. Answer is required in detail. 20×3=60

Year 2014
9 “Although there has been considerable controversy whether India is or is not a federation and although some writers have called it, ‘quasi-federal’. It would seen that essentially the Indian Constitution is a federal one. Comment
10 Discuss the scope of freedom of speech and expression contained under Article 19(1)(a) of the Constitution. What restrictions placed on it under Article 19(2)?
11 With the help of decided cases discuss the new dimensions of personal liberty. Does it include right to die?
12 It has been said that the best guarantee of religious freedom is that the state should totally keep off from the field religion while elaborately guaranteeing freedom of religion to individuals and denomination. Have the framers of the constitution of India taken the cave to ensure that the religion and state do not intermix with each other? Discuss with the help of decided cases.
13 With the help of decided cases discuss the constitutional remedies contained under Article 32 of the Constitution of India.



Year 2015
9. How does the Indian Constitution afford protection to the cultural and educational interest and rights of minorities ?
10. Article 13 makes the Judiciary, and especially the Apex court, as a guardian,. protector and the interpreter of the fundamental rights. Discuss.
11. What is the concept of fundamental rights ? Who can claim fundamental rights ?Against whom fundamental rights are available ? Explain.
12. “Directive principles are superior to fundamental rights.” Discuss in the light of emerging trend of Judiciary on the relationship between them .
13. “Equality is a dynamic concept with many aspects and dimensions and it can not be imprisoned within traditional limits.” Discuss with the help of judicial pronouncements.

Year 2016

9. The Indian constitution establishes a system of government which is almost quasi-federal, a unitary state with subsidiary federal features rather than federal state with subsidiary unitary feature.? Explain.
10. With the help of decided cases discuss the expanding scope of the freedom of speech and expression. How far can the right be restricted on the grounds of obscenity and contempt of court?
11. With the help of decided cases discuss religious freedom guaranteed under secular Indian Constitution.
12. The right to life and personal liberty has under-gone many changes and innovations from Gopalan to the recent case law. Critically evaluate the innovations.
13. With the help of decided cases discuss the cultural and educational rights of Minorities guaranteed under articles 29 and 30 of the constitution.

Year 2017

9. “Criminal justice system is the result of judicial interpretation of Article 21 of the constitution of India”. Discuss with the help of decided cases.
10. The freedom of speech and expression has been interpreted by the Judiciary to give it a luxuriant growth. Point out the important innovations.
11. Define the concept of secularism. Does the Indian constitution provides for the establishment of secular state?  What has been the attitude of the courts in this regard? Discuss.
12. In the circumstances and by whom can the ‘fundamental rights’ guaranteed by the constitution be suspended? Can they also be suspended or abrogated in their application to Armed Forces in normal times? Discuss
13. Define Minority? Discuss the cultural and educational rights of Minority guaranteed under part III of the Indian constitution. Refer to decided cases.

Year 2018
9 “The Indian Constitution establishes a system of government which is almost quasi federal, a unitary state with a subsidiary federal features rather than a federal state with subsidiary unitary features K C where. Elucidate
10 Article 13 makes the judiciary and especially the Apex court as Guardian, Protector and Interpreter of the fundamental rights. Discuss 
11 “No person shall be deprived of his life except according to the procedure established by law”. (Article 21) Discuss
12 Explain the provisions of the “Rights against Exploitations” granted by the Constitution of India
13 What do you mean by Fundamental Right of Education? What is the importance of this right to the person? To what age of children this right is granted and when? What is the contribution of judiciary in getting this right passed by Parliament also.  



I.P.C. (Law of Crimes)- K-1004


11164
LL.B. (1 Sem.) Examination, Dec. 2014
LAW-IV
I.P.C. (Law of Crimes)
(K-1004)
Time : Three Hours] [Maximum Marks : 100
Note : Attempt questions from all Sections as per instructions.
Section-A
(Very Short Answer Questions)
Attempt all the five questions of this Section. Each question carries 4 marks. Very short answer is required not exceeding 75 words. 4×5-20
Year 2014

1. Define Unlawful Assembly
2. Differentiate in between wrongful restraint & wrongful confinement
3. Define Criminal Tresspass
4. Write the Essentials ingredients of Theft.
5. Define the offence of cheating in IPC

Year 2015

1. Define sedition. What is its punishment given in Indian Penal Code?
2. Differentiate in between riot and affray.
3. How can the gravious hurt be caused? Describe in brief.
4. Define criminal breach of trust.
5. Define abetment. How many ways it can be done?

Year 2016

1. Define Criminal conspiracy
2. What do you understand by unlawful assembly? When lawful assembly will be unlawful assembly?
3. When does Culpable Homicide accounts to murder?
4. Discuss the law relating to insanity as contained in section 84 IPC?
5. Discuss the law relating to constructive criminality?

Year 2017

1. Difference between hurt and grievous hurt.
2. ‘A’ finds ring belonging to ‘Z’ on a table in ‘Z’s house. ‘A’ dishonestly runs away with the ring without ‘Z’ consent. What crime has ‘A’ committed.
3. Define extortion
4. Differentiate between bigamy and adultery
5. Essential element of ‘cheating’
Year 2018
1 Define Bigamy
2 What is Rioting
3 Discuss the essential elements of unlawful Assembly
4 What do you understand by Attempt to murder
5 Discuss the elements Affray






Section- B
(Short Answer Questions)
This Section contains three questions, attempt any two questions. Each question carries 10 marks. Short answer is required not exceeding 200 words. 10×2=20

Year 2014

6. Write a short note on means rea
7. Explain the Criminal Conspiracy in IPC
8. Discuss the defence of insainity including insainity caused by drunkness or intoxication under the provisions of IPC

Year 2015

6. Ignorence of law is no excuse but mistake of fact may be a good defence. Discuss by giving illustrations.
7. What are the offences against marriage? Distinguish between Section 493 and Section 497
8. Discuss the, law relating to constructive criminality.

Year 2016

6. What are recent trends in relation to fix liability without means reas (guilty mind) in certain socio-economic offences?
7. Define with illustrations Theft, Robbery and Dacoity and distinguish them.
8. What is the social relevance of capital punishment? Discuss and suggest the alternatives for capital punishment.

Year 2017

6. Discuss ‘Attempt’ to commit an offence and distinguish it from ‘preparation’ to commit offence.
7. Discuss the extent to which drunkenness can be pleaded as a defence to a criminal charge? Discuss with illustrations and case laws.
8. What is abetment? What are the various methods by which abetment is possible.

Year 2018

6 Distinguish between Culpable Homicide and Murder
7 Distinguish between criminal conspiracy and Abetment
8 What do you understand by strict or Absolute liability in Criminal law? Explain

Section-C
(Detailed Answer Questions)
This Section contains five questions, attempt any three questions. Each question carries 20 marks. Answer is required in detail. 20×3-60
Year 2014

9. What are the essential elements of Crime? Whether means rea is an essential element in Criminal liability. Discuss in detail.
10. Define the offence of Culpable Homocide and Murder. Also distinguish between both.
11. Define the offence of Theft & Extortion, where theft & Extortion amount to Robbery? Also distinguish between Theft & Extortion.
12. Define the offence of Kidnapping & Abduction. What is the difference between them? Explain with illustrations.
13. What offence has been committed by A in following case.
 ‘A’ kidnap ‘Z’ from India, intending or knowing it to be likely that ‘Z’ may be sacrificed to an idol.
Year 2015

9. Define the word ‘Crime’ and explain the different stages of crime.
10. When a person is said to abet the doing of a thing? Who is an abettor? Also explain the criminal conspiracy.
11. What offence is committed in the following case? A with the intention of murdering Z instigate B, a child under seven years of age, to do an act which causes Z’s death. B is consequence of the abetment, does that act in absence of A and thereby causes Z’s death. What offence has committed by A? Discuss with relevant law.
12. What offence is committed in the following case? `A’ shakes his fist at ‘Z’ intending or knowing it to be likely that he may thereby cause ‘Z’ to believe that ‘A’ is about to strike ‘Z’.
13. Explain the terms ‘criminal misappropriation’ and ‘criminal breach of trust’ with illustrations. Also distinguish between them.

Year 2016

9. Discuss fully the “Right of Private Defence”. Under what circumstances this right is not available.
10. What is cheating? Also discuss the offence of cheating and dishonestly inducing delivery of property.
11. Write an essay on offences against women
12. Discuss the law relating to the criminal mis-appropriation of property, Give suitable illustration also.
13. Write short notes on any two of the following:

I-                    Accident as defence
II-                  Valuable security
III-                Kidnapping from India
IV-                Bigamy

Year 2017

9.a. Discuss between murder and culpable homicide.
9.b. ‘A’ knows ‘Z’ to be behind a bush. ‘B’ does not know it. ‘A’ intending to cause or knowing it to be likely to cause Z’s death, induces ‘B’ to fire at the bush. ‘B’ fires and kills ‘Z’. Comment on the criminal liability of ‘A’ and ‘B’.
10. Explain ‘constructive liability’ in penal law with social reference to Section 34 (common intentions) and section 149 (common object) of the Indian Penal Code.
11. Explain right of private defence in respect of body. State the circumstances when it extends to causing death of aggressor.
12. “Mistake of fact is a good defence, mistake of law is not”, discuss. Illustrate your answer
13. It is said that in every robbery or dacoity either there is theft or extortion. Explain the help of cases and illustrations.

Year 2018

9 Define Punishment. Critically explain the various theories of punishment
10 When the right of Private Defence of life extends to causing to death? Discuss its commencement and continuance
11 What are the different stages in commission of a crime? In which offences only preparation is punishable? Discuss
12 What is wrongful restraint and wrongful confinement? Distinguish between them
13 Write short notes on any two of the following
i-                    Criminal Force
ii-                  Common Intention
iii-                 Mistake
iv-                 Kidnapping


Law of Torts Including Consumer Protection Law- K-1003


11163
LL. B. (I Sem.) Examination, Dec. 2014
LAW-III
Law of Torts Including Consumer Protection Law
(K-1003)
Time : Three Hours] [Maximum Marks :100
Note : Attempt questions from all Sections as per instructions.
Section-A
(Very Short Answer Questions)
Answer all the five questions. Each question carries 4 marks. Very short answer is required not exceeding 75 words. 4×5=20

Year 2014

1. i- Ubi jus ibi Remedium.
    ii- Write the definition of Tort given by Prof. Salmond.
    iii- Distinguish between False Imprisonment and Malicious Prosecution.
    iv- Assault
    v- Remoteness of damages.

Year 2015

1. How is a Tort different from Breach of contract ?
2. Explain briefly ‘Actin personalis moriturcum persona.’
3.’Vicarious liability’ in Tort.
3. Explain the maxim ‘Volenti non fit injuria’.
4. Remoteness of Damage.

Year 2016

1. In which year consumer protection act was passed and how many sections are there in this Act?
2. Whether Govt. Civil Hospitals Doctor come under Consumer Court? If not then write the reasons.
3.Whether court fees and Vakalatnama are necessary in consumer cases?
3. Whether Tort is codified law? If no then give one reason.
4. Write five essentials of Malicious Prosecution.

Year 2017

1. Parents liability for Tort of minor?
2. Tort against child in womb
3. Public Nuisance
3. Objects of Central Council
4. What is the difference between “Damage and Injury”

Year 2018
1 Tort against child in Womb
2 Doctrine of Res-Ipsa-Loquitor
3 Necessity as defense to tortious liability
4 Trespass ab initio
5 Define Consumer 








Section-B
(Short Answer Questions)
Answer any two questions out of the following three questions. Each question carries 10 marks. Short answer is required not exceeding 200 words. 10 x 2=20

Year 2014

6. Define ‘Tort’. What are its essential elements.?
7. Distinguish between Trespass and Nuisance.
8. What do you mean by “Volenti non fit injuria”?

Year 2015

6. Define, what is ‘Tort’. What are the legal remedies which are available in Tort? Explain.
7. Define ‘Negligence’. What are the essential elements of the tort of negligence? Explain with the help of appropriate examples.
8. What do you mean by ‘contributory negligence’? Explain this principle with the help of relevant cases.

Year 2016

6. Explain this Latin Maxim with the help of case law “Volenti non fit injuria”
7. “Damnum sine injuria” and “injuria sine damnum”. Explain these two maxims with examples.
8. Explain the constitution, jurisdiction and procedure adopted by District Consumer Forum.

Year 2017

6. Distinguish between the following with the help of Case Law. False Imprisonment & Malicious prosecution.
7. Explain the following:
  i- Assault
  ii- Battery
8. Describe the functions and the procedure of District forum under CPA 1986.
Year 2018
6 Explain the maxims “Injuria sine damno” and “Damnum sine Injuria”
7 Explain the strict liability rule with the help of important cases
8 Define Nuisance and write the essential elements




















Section-C
(Detailed Answer Questions)
Answer any three questions out of the following five questions. Each question carries 20 marks. Answer is required in detail. 20×3-60

Year 2014

9. What do mean by the principle of ‘strict liability’ and ‘Absolute Liability’? Explain both with the help of leading cases.
10. What is mean by defamation? Defines its definition and bringout the difference between Libel and Slander.
11. “All persons have the capacity to sue and be sued in Tort”. Discuss the exceptions to this general rule.
12. Explain and illustrate contributory negligence and its ‘Last opportunity rule’. Is this rule still being followed by the courts in India and England?
13. How many types of legal remedies are there in tort? How personal injuries of a person is measured in Tort?

Year 2015

9. What do you understand by nuisance? Explain its elements. Describe the different kinds of nuisance along with their remedies available.
10. What is meant by ‘Malicious Prosecution’? What are those elements which need to be proved by the plaintiff an action for malicious prosecution?
11. What is meant by trespass? What are its various kinds? What defenses are available to a defendant in a case of trespass?
12. Explain the terms ‘Consumer’ and ‘Services’ as used in the Consumer Protection Act, 1986. Are you in favour of enlarging the scope of these terms?
13. Define Defamation. What are its main kinds? Make a distinction between libel and slander in detail. Also clarify the position of these kinds of defamation in Indian law.

Year 2016

9. What is the definition of Tort given by Prof. Salmond, Waterfield and Frazer? Also write the essential elements of a Tort.
10. What do you mean by personal capacities and immunities in Tort? Writ down the capacities and immunities of the following:
a- Minor
b- Insolvent
c- Ambassador
11. Write the principle of vicarious liability in Tort whether the Government servant are liable for Tort committed in their Sovereign functions?
12. What do you mean by defamation? What are its main kinds? Make a distinction between Libel and Slander in detail.
13. Compare the remedies under the law of Tort with these remedies available under the Consumer Protection Act, 1986.

Year 2017

9. Discuss the scope of the rule in “Rylands Vs Fethcher”. Refer to Bhopal gas Leak Tragedy.
10. Discuss the liability of state for the torts committed by its servants. Whether the state will get sovereign immunity today? Discuss with supreme court cases.
11. “There is relationship between Magnitude of the risk & Standard of care to be taken in the tort of Negligence” Discuss it with Case Law
12. A, an Ayurvedic doctor prescribed the medicines of allopathic which caused the death of patient. Decide the liability of the Ayurvedic doctor under the Consumer Protection Act.
13. Discuss the essentials of “Volenti non fit Injuria” with the help of leading cases.

Year 2018
9 What is Tort? Discuss the essential elements of tortious liability
10 Write the principle of vicarious liability in tort. What are the basis for the vicarious liability?
11 “Harm suffered voluntarily is not actionable but mere knowledge of the risk is not enough for the application of this rule?. Explain and refer the decided cases.
12 Define defamation with its essential elements. Make a distinction between Libel and Slander
13 Explain the Jurisdiction and procedure adopted by “District consumer forum”

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