2019 HINDU LAW paper : 1005 Full Marks : 80 Time : Three hours The figures in the margin indicate full marks for the questions. The Codified Hindu Law lays down uniform law for all Hindus. The schools of Hindu Law have relevance only in respect of uncodified areas of Hindu law — Justify the above statement in the present context. Why did the schools of Hindu Law emerge ? What is the meaning of ‘Dayabhaga’ and ‘Mitakshara’? Mention the name of the originators of both the schools and write down the main differences of the two schools. 4+8+4=16 Contd.OR en “Yajnavalkya Smritl is more advanced to Manu Smriti in various ways while dealing with civil and criminal law". Do you agree ? Embellish your answer with the help of juristic formulations propounded by Manu and Yajnavalkya. 16 2. What are the three theorles of divorce? Define “doctrine of recrimination’. Which theory is related to doctrine? Discuss in detail. 442+10=16 OR ee Distinguish between : (a) Void and voidable marriage 8+8=16 | (©) Divorce and judicial separation, 3. a ‘ , @ joint family Karta’s position ts Sui- generis. He 1s a person with limit, but within the ambit of his Tee ae Possesacs such vast power as are possess by none else. In this context. dies extensively the Karta's power, position a= abilities in a joint family” " ae 14 (LLM-1) 1.5/6 x XS OR g+8=16 tes ON * write short not . octrine of Pious obligation t° pay (a) De father’s debt (b) Antecedent debt. “a minor 1S considered to 1s physically mati and hence ne tection” — with this obje y TF etiey and Guardianship Act, enacted, Define ‘minor’ and and discuss the powe! of natural guardian. OR stive note on the appointment of Testamentary Hindu Minority and 16 ctive the Hindu 1956 was as per the Act <, functions and rights 2+2+12=16 ‘Write an exhau process and power Guardian under the Guardianship Act. 1956. Contd. 14 ULM-1) 15/6 -What are the main objectives of the Hindu F Adoption and Maintenance Act, 1956? Discuss on adoption by a Hindu Female. What is inter-country adoption ? Attempt a critical analysis on the Apex Court's guidelines on inter-country adoption. 8+8=16 OR “As a general rule, a wife is not entitled to separate residence from her husband and claim maintenance”. Discuss the exceptions, if any. State the liabilities of daughter’s to maintain their aged parents. Define ‘dependants’ as per the Hindu Adoption and Maintenance Act, 1956. 16 14 (LLM-1) 1-5/G 4 4002, What do you understand by the term “Matrimonial Cause” ? What was the \flocedure to absolve matrimonial causes before the Hindu Marriage Act, 1955 ? Discuss all the matrimonial causes under the Act, 1955. 16, or “Hindu Marriage has not remained as sacramental marriage and has also not become a contract....” Discuss the above statement with the help 3. Write short notes on : 4x4=16 (a) Avyavaliarika debt (b) ‘Time-barred debt »(o) Mitakshara Coparcenary (d) Hindu undivided family. or What is Alicnation ? Discuss the father’s power of alienation as well as the Karta’s Power of alienation. What are the circumstances that an existing coparcener can challenge an improper alienation ? 16 14 (LLM-1) 1005/0 2 and the property ofa: minor. Discuss briefly the What are the procedure to appoint a Discuss the powers anc on minor’s person and property. or 16 — a position which he enjoys in no other systems of law’ Considering the above statement discuss the position and power of de facto guardian in jent Hindu text and as per section Il of the Hindu Minority and Guardianship Act, 1956. Embellish your answer with case laws 16 Write an €: austive note on Jaw of Adoption in India. Examine all the three legislations ie. the Hindu Adoption and Maintenance Act, 1956, Guardian and Wards Act, 1890 and the Juvenile Justice (Care and Protection) Act, 2015 which deal with adoption ? Do you find any discrepancy in Acts 7 “Give suggestions or ommendations to remove these pe ove Discuss with Supreme Court's decisions* 16 14 (LLM-1) 1005/6 3 Contd.Or As per Hindu Adoption and Maintenance Act, 1956, who are dependants ? Discuss the provisions for maintenance of dependants. What are the procedures to determine the amount of maintenance for the dependants by the court ? Discuss with case laws. 16or The concept of maintenance finds recognition ginder the statutory law in India. What in your estimation are the reasons for clubbing the law on maintenance with that 9 adoption, Does the stage go far enough in pgoviding succor to those really in need of such legal protection. Reftect on the salient provisions and put .igrth your propgsitions in the context of resent, day demapds. 16 Se? ak é . i s * < oe . 14 {LLI@-1) 1-5/G 4 300 Total number of printed pages-4 14 (LLM-1) 1:5 2016 ~ HINDU LAW sPaper : 1005 Full Marks :*80 . ‘Time : Thre? hours The figures in the margin indicate ‘full marks for the questions. The smritis represent a vaniegated assortment of litesary corpus whose. knowledge-base is said to dhave-been derived from or inspired by the memory of the rules of dharma. Ehucidate. > = 16 or “Hindu Law has the oldest pedigree of any known system of jurisprudence, and evén now it shows no sign of decrepitude” Discuss the significance of the aboye statement in highlighting the Contd. .?‘Hindl marriage is neither _a civil G6ntract'. Establish the above statement with the help of leustomayaaney decisional laws. or Discuss the different Analyse the v of India and the rt on the * desirability of the irretrivable breakdown — theory of divorce. 16 . s (Discuss im detail the Mitaltshara and\ Dayabhaga concept of coparcenary. Distinguish between’ the two. Has the modern Hindu Law-effected any change between the two schools, if so to what extent ? 16 or The position of Karta bore great significance under ancient Hindu Law, though in modern times with the.wane of jomt hindu family and the advent of statutory law the institutional authonity has declined. Attempt an exhéustive enumeration ofhis power and ‘résponsibilities. a 16 4 The Law on Hindu Minority and -Guartfanship had been enacted with the, avowed aim of providing protection to minors who were deprived of sane care and counsel. Analyse the salient features of the Law pointing out its significance and utility in present times. 4 16 Or coe ’ Write brief notes on the following: 44 i) Powers of Natural Guardian ii) Powers of Testamentary cual ii) Powers of Guardian appointed by court ww) De facto Guardian ‘The novel concept of adoption has received a boost through the statutory laws of” adoption, However, the original law in the” country has been amended to meet the demanding needs of the time to thwart attempts to misuse the law. Discuss the amandments effected to the law and state whether these have gone far enough to “respond to the demands of time. 14 §1M-1) 15/6 all 16-7*, Total number of Pr inted pages-4 * 4 (WiM-2) 24 . 2015 % HINDU LAW “paper : 2004 . Full Marks : 80 ~ Time : Three hours The, figures in the margin indicate types of fdhan enfimerated by ‘Smritixafs. Mention efistic mri ention he chargeterist features of Stridhan- * OR = “after husband's death the widow who looked after the family was to get his share, but she did not have the rigfit Lo mortgage, “*) Or sell the property” — Brihaspati = * Under the above context meanirtg, > full.marks for the questions. i sgl “Stridhap’” is the absolute property of a Hindu Married woman and can deal with any manner she likes. Discuss differentfs he Hindu Succession Act came into force a comprehensive and radical changes in the interstate succession amongst Hindus. Discuss the ob and the maip-féatures of the Act. : 16 OR What is/Mitakshara Coparcenary and coparcenary property? Discuss the rule of in, coparcenary | Propestyunder a of the ‘Hindu . Discuss the recent Supreme Court's judgements. ~ 16 “i . ThefMmodern Hindy-Caw of ‘gifts largely Ghsists ‘of the relevant provisions of the Transfer of Property Act, 1882 aad partly of the case law ‘under the title of Hindu Law of gifts. As per thg-dbove menfoned Act, Zé discuss the defidftion, for 6f gift and «the different aeptits of git. 7 16 14 (LLM-2) 2-4/6 2 a on 17% June, 1956,-f brings about, OR .» What is religious endowment ? Discuss the legal position of Mahant and Shebait. Explain the powers and obligation of Mahant and Shebait for maintenance of Math and Debutter with case laws 16 sero time to time, pefsonel laws have been challenged before the courts on the ground of their incompatibility with the Fundamental Rights. - Critically discuss with decisiens of the . Supreme Court. 16 : oR ~ . 0 you think “Uniform Civil Code’ ts the hour? Discuss with the help'of Courts decision, = 16 we) rite the ‘objects for ginal of the {egislation “Protection of Women from Domestic Violence Act, 2005". need of ALG CRA oe Qo Whafdo you mean by ‘Uniform Civil Code’ ?" Define “Domestic Vietence’_as per the Act. * Discuss the imy ‘ovisions of the Act.OR bow v a - Partition,means ‘severance of siatus and actual division of property, Discuss the ‘ancient antl modern laws on properties which are not capable of division by their very nature. i Explain the different mode of partition with eae laws. -' 16=" fotal number of printed pages-4 : : 14 (LLM-1) [p05 2014 ¢ a WINDU LAW Paper —,1005 Full Marks : 80 ‘time : Three hours y > 2 > The figures in the margin indicate full marks for the questions. i he Privy Council in Collector of Madura vs. Mooto Ramalinga observed * “Under Hinds System of law, clear proof of usage will Sueweigh the written text of law.” — Justify the above statement with case laws. 16 OR. Discuss the principles of interpretation of Smiritis. - * Distinguish betwe texts. Write a brie interpretation’ as propoun ¢ note’ on *Mimanga’ rule of ded-by:Jaimini. $ 7 446+6=16 en: Diréctory. and:-Mahdatory* .-°»e * AWrite an exhaustive note on Judicial separation Explain the meaning of void and Voidable marriage - under the Hindu Act, 1955. Distinguish between voi 2nd voldabte marriage and discuss the status of children of void and voidable marriage G45+5=16 OR and Divorce, Discuss with care laws, cruelty and Disertion ag a fault ground for Divorce. al, 848-16 The law of debts illustrates a principal which is coristantly recurring in Hindu Law, viz., that moral obYgutions tqkas precedence of legal rights or legal rights are taken subject to the discharge of moral obligations, — Discuss the three sources of liability for Debts ufider the Ancient Hindu jurisprudence. Mention the five propdsitions laid down in Brij Narain V. Mangala Prasad’s case. - 16 OR am cneral rule gs that the son is Hable to pay thé °) 914 (LLM-1) 1005/6 debts"of the fatheexcept when ‘they are of.such a character as.to fall within one or.other of the 0} 3 aie ts AUNULAIE, exceptions recognised by the ancient simritis. What are the different exceptions that have been classified by- Smritikars ; discuss in detail. What is the present law in this aspect ? 1214=16 The provisions of the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act of 1$90 are complententary — Discuss Define “ininor® and ‘guerdan?yunder the Hindu Minority and Guardianship Act, 1956. 848=16 _ Fee ae In Hindu Law three persong are recpgnised as natural guardian. Discuss the” i SP Minos prson and property under the of 1956. A 16 “se ee Ue evolution of the institution of sonship. Critivally examine whether in adoption the secular A \ ee sommerce P 4 (LLM-1) 1005/G 3 motive predominates or the’ religious motive predominates, | 446+6=16 Contd. ain,OR “ «fn Hindu Law,.the term ‘maintenance’ has been ’, used in wide sense. Discuss in detail the personal obligation to maintain certain relations under the Hindu Adoption and Maintenance Act, 1956. 16 ¢HINDU LAW Paper : 1005 . Full Marks : 80 . . . . Time : 3 hours . The figures in the margin indicate full marks 4 > for the questions | . . 1, What do you understand by schools of Hindu } - Law? How did they wriginate? Mention the Cn principal schools and their differences, subdivisions, if any, and the authorities recognized by them. 16 Ors : *. *Yajnavelkya Smriti is’ more advaneed to” Manu Smriti in variqus ways while dealing with civil and criminal law." Do you agrée ¢. with the statement? Support your views with x materials from the texts. . : | ‘2. Discuss the evolution of the institution ‘of + marriage. The Hindu marridge has not * : remained a sacramental marriage and has - also not become a contract. Explain. 16 Ai3—200/1419 (Tum over jBi os paz fite UL SA i What. ere the requirements of a’ valid 7 “hcoption under the Shastric Law and also cndér the moder ‘Hindu legislation? Waal exe the different thedtles. of ivorée? = Explain the offe cit 1 fivorce® f esl te Sees ecg ny oh re Discuss: State the important changes made i ates gt by the modern legislation. 16 , a On 3. What are the basic grounds for liability . 7 ci sons to repay of their forcfathers?, What “ns @ general rule a wife is not entitled to , fs ‘Awyavaharika debt? How @o” you : separsic residence from her husband and » scategorize ‘commercial’ and ‘suretyship’ elgimm maintenance.” Discuss the exceptions, debts? Explain. 16 2 ifany. State the Uabilities of daughters ‘to ~ & & - maintain their aged parents. . + “The doctrine of pious obligation is the logical’ - \ sai he ron birthright: The doctrine °° ee : so is not recognizgd under the Dayabhaga ms \ 7 . School.” Explain the doctrine with case laws , a antecedent debt? . . 7 é . r ; 8 the salient provisions ‘of the Hindu = ity ned Guardianship Act, 1956. What © are the powers and rights of a testamentary quudian regarding minor's person and 5 é property? Ho 16 . ‘ or ‘vihat are the different guardians under the Hindu Minority and Guardianship Act? Can . ¢ non-Hindt be appointed as a tesiamentiiry % guardian? one ‘ALs~ 20049418 = =( Continued). A1s—2qp/ Lag” 23 (LLM-1) 1005. "202 HINDU LAW ae Paper *1-5 ‘ ¢ . 4 Full Marks* 80 4 \ Time : Three, hours d \ The'figures in the margin indicate full marks for the questions. xplain the nature and origin of Hindu law, stating the relations of Dharma, positive law and morality 4 ; » Or i | The term “Hindus” is an elastic term. Explain “ \ Discuss the’ four kinds of laws,s that are*to be administered by the king in deciding a case, as 5 sigied by Brihaspati. B+8=L6 fo Ss : 4 Discuss the’ provisions of Hindu Maritage Act : 2 1955, in its constitytional perspective. Ixplain the ; e : 8 concept of irretriovabile breakdown of marriage. 4 4 . LONG=I6 - H - 9? eo. Contd. - wy‘.+ Explain egitically, cruelty and desertion as grounds + is Seniinus deserensii? Discuss. ad disadvantages of consent _{ 8-43-4-16 N ° ¢ i Vbiseuss the philosophy behind pious’ Sotigation 0 pay the debt of Ancestors. Is thew any difference: in Mability in respect of separate gnd ancestral’ 5 property of the ancestors 7 Bkplain, Make acritical note on Avyavaliarika debt Or ms ® +” Discuss the provisions ip respect of devolution of copatcenary property bath under the Dayabhaga and the Mitalcshara laws. Discuss also levelopment in this regard Gp ne revent [2nd=16 amine different provisions of the Hindu inority and Guardianship Act 1956 relating 10- tral guardian, its appointment and powers with. * 27” special veference to the fundamental rights a 8 guaranteed by she Constitution 16 wt 230ELLM 1s 2 84444=16 % 23 UI ns a + Os The congtpt of welfare of the mino bya onsite and Guardianship Act 2 Jétvs, oF ease n with the help Adoption and Maintenance Act 56 Discuss ith constitutional provisions. . 16 Or Discuss the purpose of adoption in Hindu Law State the effects of adoption under the Act of (S58. Explain tie positions of step fatiter, step mother, adoptive fatiier and addptive mother und the Hindu Adoption and Maintcaance Act, 1956 #646=16 er ql 4 a i eg\=x 2° 3Total number of prinigd pages-3 wasn = ADVOCATE, 23(1) LLM LS 2011 HINDU LAW . . Paper : 15 ‘ Full Marks : 80 Pass Marks : 32 Time : Three hours The figures in the margin indicd(e full marks for tre questions. ‘Write about the ultimate aim of life according to Hindu philosophy. Explain the views "regarding Origin of Hindu law. 16 . Or ‘The statement in the code of Manu'that the Sruti, The Smriti, ‘Customs of'virtudus men and one’s own tonscience (self approval) with their widely differing sanctions, are‘the four sources of sacred law, is sufficient to show the intermixture of law, religion and morality in the “Dharmasastras” am Explain. 16 Contd. prueRrl.2.< What do you mean by “degree of prohibited relationship” in mertinge ? What are the essentials 16, a of a valid mariage? or = Expliin cruelty as a ground for divorce. What are the differences between Divorce and Judicial Sepwation under the Hind law ? 16 3. Desetibe the philosuphy of liabilinysfor debts under the Mindu law. Describe the provisions under mitziskara as well as Dayabhaga System of law: cm 16 sa “A cobarcenary is pricly a creature of Hindu law", Explain with illustrations. 16. 4 “Ara general rule a wife is not entitled’ te seperate res.dence from her husband and, claim mestenance”.. Discuss with exceptions if any. Stae the liabilities of daughters to maintain her ¢ ages! parents. 16 2311) LLM 1s : : oe 3. Or ‘How do you justify that the Hindu minority ans Guardianship Act of 1956 is a Supplemental one to The Guardian and wards Act of 1890? What ae the f natural 16 “0% State the reasons for appointing a guardian under the Hindu lave’Discuss the powers of Guardians ‘with respect to constitutional provisions of India. - i6