NEW SYLLABUS 421
: 1 :
Roll No. .....................................
Time allowed : 3 hours Maximum marks : 100
Total number of questions : 6 Total number of printed pages : 6
NOTE : Answer ALL Questions.
1. (a) According to Salmond “law is the body of principles, which are recognized and applied
by the State in the administration of justice. The purpose of law is the deliverance
of justice to the people.” Discuss.
(5 marks)
(b) Suraj owned a mining company and had a lease of 99 years for exploting coal from
the coal blocks of the State B. His lease was cancelled by the revenue minister
under the provisions of one of the applicable Laws of the State. Suraj had a past
record of rivalry with the minister, as he had fought elections against him few years
back. The minister too had filed a case against him of defamation in the past. Discuss
the rule, which attracts this situation, and whether the cancellation order can become
vitiated in law.
(5 marks)
(c) In light of the “Satender Kumar Antil vs Central Bureau of Investigation and Ors”,
enumerate the directions issued by the Supreme Court of India for investigating agencies
and also for the courts.
(5 marks)
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: 2 :
(d) A owes B a sum of ` 10,000. A sells a property to B, the consideration being
` 5,000 and the release of the previous debt of ` 10,000. What amount of stamp
duty to be paid under the Indian Stamp Act, 1899 ? Answer with reasons.
(5 marks)
Attempt all parts of either Q. No. 2 or Q. No. 2A
2. (a) ‘All documents relating to the matters in issue in the possession or power of any
adversary can be inspected by means of discovery by documents.’ Discuss under
the Code of Civil Procedure, 1908. When can a party refuse to produce the documents
for inspection ?
(b) If provisions to any offense, is punishable under two or more enactments, then in
what manner offender will be prosecuted and punished by the court ? Explain under
the General Clauses Act, 1897.
(c) R was standing outside his house. Suddenly Victor came and pointed a loaded gun
at him. Discuss the kind of wrong committed by Victor. What would be your answer,
if Victor had struck him from behind ?
(d) State the provisions related to the use of armed forces, to disperse unlawful assembly
under the Criminal Procedure Code, 1973.
(4 marks each)
OR (Alternative Question to Q. No. 2)
2A. (i) Discuss the conditions, that must co-exist for exclusion of time in suits or applications
that are filed in a Court without jurisdiction, and whose period of limitation is over,
under the Limitation Act, 1963.
(4 marks)
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: 3 :
(ii) Enumerate the principle of Estoppel, under the Indian Evidence Act, 1872.
(4 marks)
(iii) Briefly explain the provisions related to the appeal from orders of National Company
Law Tribunal under Section 421 of the Companies Act, 2013.
(4 marks)
(iv) What do you mean by digital signature and electronic signature under The Information
Technology Act, 2000 ?
(4 marks)
3. (a) Z was manufacturing articles locally and putting counterfeit mark on them of a celebrated
manufacturer, X. He sold those articles to A, making him believe that the articles
were made by X. Explain with the help of relevant provisions about the offence committed
by Z, under the Indian Penal Code, 1860.
(4 marks)
(b) Discuss the time limit, if any, for registration under the Registration Act, 1908, in
the following :
(a) A document executed in India.
(b) A document executed outside India.
(c) A document executed by several persons at different times.
(d) A lease of a very high value but is neither from year to year, nor for any
term exceeding one year, nor reserving a yearly rent.
(4 marks)
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: 4 :
(c) ‘Section 20 of the Right to Information Act, 2005, imposes stringent penalty on a
Public Information Officer (PIO), for failing to provide information’. Elaborate.
(4 marks)
(d) Enumerate the documents or transactions, to which the Information Technology Act,
2000, will not apply.
(4 marks)
4. (a) Discuss the constitutional provisions related to State monopoly.
(b) Discuss, as to when the opinion of any other person is also relevant, in addition
to the opinion of experts, under the Indian Evidence Act, 1872.
(c) Discuss the inherent powers of the High Court under the Criminal Procedure Code,
1973. What are the principles laid down by Supreme Court in the case of Madhu
Limaye v. State of Maharashtra 1978 AIR 47, to govern the exercise of inherent
jurisdiction of the High Court ?
(d) Whether the High Court can entertain a petition under Article 226 of the Constitution
of India, if an effective alternative remedy is available to the aggrieved person ? Explain.
(4 marks each)
5. (a) What is Arbitration Council of India ? What are the duties and functions of the
Arbitration Council ?
(8 marks)
(b) Enumerate in detail various significant stages of crime.
(8 marks)
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421
: 5 :
Attempt all parts of either Q. No. 6 or Q. No. 6A
6. (a) Discuss the procedure, after registration of documents, relating to land under
The Registration Act, 1908.
(b) Discuss the provisions related to revision under the Code of Civil Procedure 1908.
(c) Discuss the rules for apportionment of the consideration under Section 28 of
The Indian Stamp Act 1899.
(d) Ravi was having a printing press and was taking orders to print books or pamphlets
or likewise. In an order for printing, he published a defamatory material in Kannada
language. He was unaware of the matter in it, as the language was not known to
him. He was charged with defamation. Analyse the case, with the help of relevant
provisions, and decide whether Ravi is guilty of defamation, under the Indian Penal
Code, 1860 ?
(4 marks each)
OR (Alternate Question to Q. No. 6)
6A. (i) ‘The rule of ejusdem generis must be applied with great caution’. Discuss. What
are the conditions that should exist before applying this rule of interpretation ?
(4 marks)
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: 6 :
(ii) What do you mean by order under the Code of Civil Procedure, 1908 ? What
are the orders under this Code, from which appeal lies ?
(4 marks)
(iii) What do you understand by the Rule of Law ? Enumerate three major principles
of the rule of law propounded by Dicey.
(4 marks)
(iv) Elucidate the categories of information, that have been exempted from disclosure, under
the Right to Information Act, 2005.
(4 marks)
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2/2024/JIGL Contd. ........