Marks: 100 Time: 3 Hours

Answer ALL Questions.

Q.1.
1. “Facts necessary to explain or introduce relevant facts” Comment. (5 Marks)
2. Differentiate Between Admission and Confession. (5 Marks)
3. Mr. A, Mr. B and Mr. C are appointed as Arbitrator for disputes arose between Mr.
Ram and Mr. Shyam. Majority arbitrators granted the award in favor of Mr. Ram.
The award given by arbitrators are unsigned and the place of arbitration is not
mentioned in the award. With this regard help Mr. Ram to understand the contents
of Arbitration Award. (5 Marks)
4. Mr. A, Mr. B & Mr. C entered into the partnership firm. It was decided and
arbitration clause was entered into the Partnership Agreement. After some time,
disputes have arisen Mr. C told that there the minor clause of arbitration does not
result into Arbitration agreement and the agreement is invalid. You are requested to
determine whether Mr. C is Right? (5 marks)

Q.2.

1. The Specified Value of the subject-matter of the commercial dispute in a suit,

appeal or application shall be determined by some factors. Explain those factors. (4
Marks)
2. “Section 8(1) provides that a judicial authority, before which an action is brought
in a matter which is the subject of an arbitration agreement shall, if a party to the
arbitration agreement or any person claiming through or under him, so applies not
later than the date of submitting his first statement on the substance of the dispute,
then, notwithstanding any judgment, decree or order of the Supreme Court or any
Court, refer the parties to arbitration unless it finds that prima facie no valid
arbitration agreement exists.” Comment (4 Marks)
3.The Dispute arose between Mr. Ram and Ms. Seetha. It was already decided in the
agreement that any disputes arise shall be resolved by the arbitrator. Mr. Laxman
will be the arbitrator for Mr. Ram and Mr. Bharat will be the arbitrator for Ms.
Seetha. Both arbitrators have started the proceedings and arrived on the settlement
and granted the award. The award granted by the arbitrator is valid? (4 Marks)
4. “Section 12(4) provides that a party may challenge an arbitrator appointed by him,
or in whose appointment he has participated, only for reason, of which he becomes
aware after the appointment has been made.” Explain (4 Marks)
5. As per Section 2(1)(c), “arbitral award” includes an interim award. The definition
does not give much detail of the ingredients of an arbitral award. However, taking
into account other provisions of the Act. Justify the sentence with the features. (4
Marks)
Q.3.
(a) X pledges his bike to Y for 1 lakh rupees. Y unlawfully sold the bike to Z before
the lapse of the loan period. X sues Z for possession of his bike, without paying the
loan amount even after expiring the time fixed for repayment of the loan. Decide and
give reasons. Also, enumerate the provisions related to the recovery of specific
movable property.
(b) Ramjilal, the donor made two gifts to his nephew Gajendra, the donee. The first
gift was his one immovable property situated in Delhi. The second gift were three
movable properties. He did not get the gift deed registered for both movable and
immovable properties and died. Decide whether Gajendra entitled to both the gifts
or not ? Discuss.
(c) A buys land for ` 2.50 Crore from B in Delhi. A and B executed the sale deed but
didn’t register it from the Sub-Registrar. After entering into the sale deed, it came
into knowledge of A that some dispute was pending pertaining to the land. Can A
file a suit before the court of law ? Give reasons.

Attempt all parts of either Q. No. 4 or Q. No. 4A

Q.4.
1. Explain the important stages in proceedings of a suit. (5 Marks)
2. “According to Nemo judex in causa sua no person should be made a judge in his
own cause.” Comment and also explain the types of bias. (5 Marks)
3. law conferring such discretion on the executive on the grounds, inter alia, that the
law in the instant case was of temporary nature and it gave a right to the externed to
receive the grounds of his externment from the executive. Explain with decided case
Law. (5 Marks)
OR (Alternate question to Q. No. 4)

1. Explain the principle of continuous Running Time. (5 Marks)

2. “where mortgaged land is in the possession of the mortgagee, the receipt of the
rent or produce of such land shall be deemed to be a payment”. Explain (5 Marks)
3. Explain the summary procedure in brief. (5 Marks)

Q.5.
(i) Explain the grounds for setting aside of an Arbitral Award under the Arbitration
and Conciliation Act, 1996.
(ii) Explain the concept and verification of e-stamping.
(iii) Information Technology Act, 2000 provides legal framework for electronic
governance by giving recognition to electronic records and digital signature. Often
digital signature is considered as synonym of electronic signature under the Act. Is
it correct to consider both as same ? Discuss. (5 marks each)

Attempt all parts of either Q. No. 6 or Q. No. 6A

6. (a) Abhinav contracts with Manoj that he will paint his house located in Azad
Nagar within a month and during that time he will not take any other painting job in
other premises. But Abhinav breaches the contract. Manoj files suit seeking decree
for specific performance against Abhinav. Will Manoj succeed ? Answer marking
the difference between injunction and specific performance. (5 marks)
(b) Discuss with reasons the following given cases under the Indian Evidence Act,
1872 :
(i) A sells his horse to B. B asks ‘Is horse sound ?’, A says to B ‘‘Go and ask C, C
knows all about it’’. C says ‘Horse is sound’, Statement by C is confession or
admission?

(ii) A commits a murder of his colleague in spur of heated argument. A, on reaching

home confesses the offence before his wife. The wife was summoned by the Court
to testify against her busband, who was on trial for allegedly committing murder.
Can A’s wife act as witness ? (5 marks)
(c) A promissory note is executed by Raja and Suraj and a stamp is afterwards affixed
and cancelled by Raja by again signing it, the stamping has taken place subsequent
to the execution. In this case, are the provisions of Indian Stamp Act, 1899 complied?
(5 marks)
(d) What principle of statutory interpretation shall be applied by the Courts when
there is conflict between General provision and Special provision?
 OR (Alternate question to Q. No. 6)
1 “Article 14 of the Constitution of India does not rule out classification for purposes
of legislation; what it requires is a valid classification for the same.” (5 Marks)
2. An organization of some persons belonging to a particular community sat on a
dharna near Jan tar Mantar in New Delhi and later on moved towards Parliament
House raising slogans against the Government to press for their demands. This led
to a traffic jam. The government had imposed a ban on demonstrations near and at
the Parliament House. The organization filed a petition in the High Court against the
ban, pleading infringement of their fundamental right of freedom. Will the petition
be admitted? Give reasons. (5 Marks)
3. How far a guilty mind of persons is required for liability for tort? Explain
4. Under section 22(1) any person suing for the specific performance of a contract
for the transfer of immovable property may, in an appropriate case, Explain those
cases.