NEW SYLLABUS

521
: 1 :
Roll No. .....................................

Time allowed : 3 hours Maximum marks : 100

Total number of questions : 6 Total number of printed pages : 8

NOTE : Answer ALL Questions.

1. The Principal of a convent school, Agartala, Sister Mary Fernandez, filed a case against

two persons named, Ali Kehtan and John Augustine alleging that they had made defamatory

remarks in the complaint which they had submitted to the Deputy Commissioner, Agartala.

The accused stated in the complaint ‘‘that the building of the aforesaid school is quite

unsafe and it may bring about any disaster upon the students of this school at any

time; that it as a money minting institution; that the indiscipline among the students

is to an unlimited extent and this has created a great problem for the nearby residents.

That it appears that this school has become a meeting place for the both sexes and

the principal, Sister Mary Fernandez is turning a deaf ear towards the character of

the students; that if these are not checked in time, they may become a great problem

for the city’’.

In an enquiry before the Sub Divisional Magistrate (SDM), the allegations of the accused

were found to be false and their complaint was dismissed.

2/2023/JIGL/NS P.T.O.
521
: 2 :

Consequently, Sister Mary Fernandez approaches police station to file criminal defamation

case against the accused persons. Police registers a case of defamation, a bailable offence

against Ali Kehtan and John Augustine, who later files an application in Court asking for

anticipatory bail.

Sister Mary Fernandez also files civil suits seeking compensation for defamation. In the reference

of above facts answer the following questions :

(a) What is criminal defamation in Indian law ?

(4 marks)

(b) Is the application for ‘anticipatory bail’ by accused Ali Kehtan and John Augustine

maintainable ? Explain.

(4 marks)

(c) Whether the compalaint filed by the Ali Kehtan and John Augustine against Sister

Mary Fernandez leads to Libel defamation or Slander defamation ? Explain.

(3 marks)

(d) What is the jurisdiction of the Court to try civil suit ‘where wrong done to the

person’ ?

(3 marks)

(e) What is ‘publication of defamatory words’ ?

(3 marks)

(f) What is the time period of limitation for compensation in defamation ?

(3 marks)

2/2023/JIGL/NS Contd. ........

 521
: 3 :

2. (a) The modern Indian law as administered in courts is derived from various sources

and these sources fall under two heads i.e. Primary Sources and Secondary Sources.

Judicial precedents are considered as primary source of Indian laws. What do you

mean by Judicial Precedents ?

Read the following statements. Determine and explain what kind of precedent it is :

(i) ‘Vishaka guidelines’ were stipulated by the Supreme Court of India, in Vishaka

and others v. State of Rajasthan case in 1997, regarding prevention of sexual

harassment at workplace. They acted as precedent for many cases during

1997-2013 until Protection of Women from Sexual Harassment Act, 2013 was

enacted.

(ii) The decision of one High Court may not be binding on other High Court.

But the decisions can give a principle which may be helpful for the other

High Court. The other High Court may or may not follow the principle of

the decision.

(5 marks)

(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.

(4 marks)

2/2023/JIGL/NS P.T.O.
521
: 4 :

(c) A, the son of B sold the property of B presuming that he will get the property

of B after the death of B. Is it valid ? Explain.

(3 marks)

(d) Raiz draws a cheque of ` 50,000 on his own account payable to Faiz but has

only ` 49,000 in his account. Faiz presents the same to the bank but the cheque

bounces due to insufficient funds in Raiz’s account. Whether the above matter can

be referred for amicable settlement through mediation. Explain.

(3 marks)

3. (a) A sells two tons of oil to B, and sends one ton of oil by road and remaining one

ton of oil by ship. Mr. B receives delivery of the one ton of oil sent by road on

August 11, 2022, but before he receives the delivery sent by ship, he becomes insolvent

in September, 2022. A, still being unpaid, stops the goods in transit. The official

Receiver in B’s insolvency claims the goods.

(i) Decide whether Official Receiver will succeed. Explain.

(ii) Also discuss, can A resell the undelivered one ton of oil ?

(5 marks)

(b) The Government has notified an order under an appropriate Statue in the month of

September, 2022 that no one shall buy or sell a particular explosive chemical except

under license obtained by the specified authority. Tarun applied in October 2022 and

has obtained a license to buy it and was keenly looking for person who had license

to sell it. Brju who has no license to sell, represents to Tarun that he has license

to sell and induces Tarun to enter into a contract for the sale of a certain quantity
2/2023/JIGL/NS Contd. ........
 521
: 5 :

of explosive chemical. On January 12, 2023 Tarun pays Brju ` 50,000 as earnest
money. After few days Tarun learns through one of friend that Brju has no license
to sell. Tarun gives a call to Brju to find the truth, Brju convinces Tarun that he
shall obtain the license within reasonable time i.e. before due date of delivery but
he failed to obtain it. Can Tarun recover advance payment paid to Brju ? Answer
with reasons and legal provisions.
(5 marks)
(c) John who had his account in a private bank went to bank to deposit the cash.
While he was entering into the bank alongside cash box of the bank was also being
carried inside, the security guard in a haste ended up firing John thereby killing him.
Mrs. Maria, wife of Mr. John claims that bank is vicariously accountable for the
incidence, but the bank argues that it had not given the permission to employee to
fire. Is the argument of bank correct ? Decide.
(5 marks)
Attempt all parts of either Q. No. 4 or Q. No. 4A

4. (a) Under Limitation Act, 1963 the limitation period for filling a particular suit is 3 years.
When the limitation period commenced Akash was minor of age 13 years. Due to
his legal disability he couldn’t institute the suit. Decide with reasons whether Akash
can file suit on cessation of the minority ?
(5 marks)
(b) Does Section 79 of Information Technology Act, 2000 as originally enacted deal with
effect of other laws or not ? Answer in light of recent decision by Supreme Court
of India in the case of Google India Private Ltd. vs. Vishaka Industries and Ors.
(2019).
(5 marks)

2/2023/JIGL/NS P.T.O.
521
: 6 :

(c) In the latest decision, Supreme Court of India in the case Satender Kumar Anil vs.
Central Bureau of Investigation and Ors (2022) took note of the continuous seeking
bail after filing final report on a wrong interpretation of Section 170 of the Code
of Criminal Procedure (Cr.P.C.) and thus made an endeavor to categorize the types
of offenses to be used as guidelines for the future. It issued directions for the investigating
agencies and also for the courts, however it cleared that these directions may be
subject to State amendments. Is right to bail is on touchstone of Article 21 of Indian
Constitution ? State the direction issued under this case.
(5 marks)
OR (Alternate question to Q. No. 4)

4A. (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)
5. (a) Right to Information Act, 2005 specifies the manner in which requests may be made
by a citizen to the authority for obtaining the information. Discuss.
(b) What is the procedure for the commencement of conciliation proceedings under the
Arbitration and Conciliation Act, 1996 ? How many conciliators can be there in these
proceedings ?
(c) Referring to Civil Procedure Code, 1908, answer the following :
(i) Can a case triable by Special Judge as provided under Criminal Law Amendment
Act, 1952 be transferred to High Court ? Discuss.
(ii) Discuss the jurisdiction of Courts depending upon their powers.

(5 marks each)

2/2023/JIGL/NS Contd. ........

 521
: 7 :

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)

2/2023/JIGL/NS P.T.O.
521
: 8 :

(d) Arun, a husband enters into a registered agreement with his wife Radha, to pay his
earnings to her. Is it a valid contract ? Will the answer be different if the husband
by a registered document, after referring to quarrels and disagreement between himself
and his wife, promises to pay his wife a sum of money for her maintenance and
separate residence.
(5 marks)
OR (Alternate question to Q. No. 6)

6A. (i) What principle of statutory interpretation shall be applied by the Courts when there
is conflict between General provision and Special provision ?
(ii) ‘No law can clothe administrative action with a complete finality even if the law says
so, for the courts always examine the ambit and even the mode of its exercise to
check its conformity with fundamental rights.’ In the light of the statement discuss
the judicial review at the stage of exercise of administrative discretion.
(iii) ‘A custom will be valid and will have binding force only if it fulfills certain essential
conditions.’ Elucidate.
(iv) ‘In civil suits sometimes Court allows the defendants claims to set-off against the
plaintiff demand any ascertained sum of money legally recoverable by him from plaintiff.’
In light of the statement discuss whether in India disinction between Legal and Equitable
set-off is recognized ?
(5 marks each)

————— o —————

2/2023/JIGL/NS Contd. ........

NEW SYLLABUS
521
: 1 :
Roll No. .....................................

Time allowed : 3 hours Maximum marks : 100

Total number of questions : 6 Total number of printed pages : 12

NOTE : Answer ALL Questions.

1. (a) Consideration is one of the essential elements of a valid contract. The requirement

of consideration stems from the policy of extending the arm of the law to the enforcement

of mutual promises of parties. A mere promise is not enforceable at law. For example,

if A promises to make a gift of ` 500 to B, and subsequently changes his mind,

B cannot succeed against A for breach of promise, as B has not given anything

in return. It is only when a promise is made for something in return from the promisee,

that such promise can be enforced by law against the promisor. This something in

return is the consideration for the promise.

The fundamental principle is that consideration is essential in every contract. The rules

governing consideration may be summed up as follows :

(a) Every simple contact must be supported by valuable consideration, otherwise

it is formally void subject to some exceptions.

(b) Consideration may be an act of abstinence or promise.

(c) There must be mutuality i.e., each party must do or agree to do something.

A gratuitous promise is not enforceable.

2/2024/JIGL/NS P.T.O.
521
: 2 :

(d) Consideration must be real, and not vague, indefinite, or illusory, e.g., a son’s

promise to ‘‘stop being a nuisance’’ to his father, being vague, is no consideration.

(e) Although consideration must have some value, it need not be adequate i.e.,

a full return for the promise.

(f) Consideration must be lawful, e.g., it must not be some illegal act such as

paying someone to commit a crime. If the consideration is unlawful, the agreement

is void.

(g) Consideration must be something more than the promisee is already bound

to do for the promisor. Thus, an agreement to perform an existing obligation

made with the person to whom the obligation is already owed, is not made

for consideration.

In view of the above details, answer the following questions with reasons :

(i) Ram by a deed of gift made over certain property to her daughter Mira,

directing her to pay an annuity to Ram’s brother Raj, as had been done by

Ram himself before he gifted his property to Mira. On the same day, Mira

executed in writing in favour of the donor’s brother agreeing to pay the annuity.

Six months later Mira stops the payment and Raj files a civil suit. Mira claimed

that because no consideration has moved from Raj to her, there is no binding

contract between them. Discuss.

(2 marks)

2/2024/JIGL/NS Contd. ........

 521
: 3 :

(ii) The general rule is that an agreement made without consideration is void. But

Section 25 of the Indian Contract Act, 1872, lays down certain exceptions

which makes a promise without consideration valid and binding. Discuss.

(2 marks)

(iii) Alex promises to donate ` 10,000 to a local animal shelter for their new

facility. However, when the shelter requests the donation, Alex refuses to pay.

Can the management of animal shelter take legal action against Alex to enforce

his promise ? What would be your answer, if the management of the shelter

home had initiated some work on the basis of such promise made.

(2 marks)

(iv) D supplied tyres to a wholesaler X, on a condition that any retailer to whom

X re-supplied the tyres, the retailer should promise X not to sell them to

the public below Ds price list. X supplied tyres to F upon this condition only,

but nevertheless F sold the tyres below Ds price list. Discuss the legality of

the case, if D claims any damages from F.

(2 marks)

(v) The Indian Law recognizes three kinds of consideration but the English law

recognizes only two. Discuss.

(2 marks)

(b) Chapter XVII of the Negotiable Instruments Act, 1881, provides for penalties in case

of dishonour of certain cheques for insufficiencies of funds in the accounts. Sections

138 to 147 deal with these aspects.

2/2024/JIGL/NS P.T.O.
521
: 4 :

Chapter XVII has been amended by the Negotiable Instruments (Amendment and

Miscellaneous Provisions) Act, 2002. The amendments have provided the drawer with

more time to send notice, made the punishment for the offence more stringent, given

power to court for condonation of delay in filing of complaint, excluded liability of

government nominated directors, made provision for summary trial of cases under the

Chapter and time bound disposal of cases, have relaxed the rules of evidence, and

made the offences under the Act compoundable.

Further Chapter XVII amended by the Negotiable Instruments (Amendment) Act, 2015,

focused on clarifying the jurisdiction related issues for filing cases for offence committed

under section 138 of the Negotiable Instruments Act, 1881. The Negotiable Instruments

(Amendment) Act, 2015, provides for retrospective validation for the new scheme

of determining the jurisdiction of a court to try a case under Section 138 of the

Negotiable Instruments Act, 1881. The Negotiable Instruments (Amendment) Act, 2015

also mandates centralisation of cases against the same drawer.

With a view to address the issue of undue delay in final resolution of cheque dishonour

cases, so as to provide relief to payees of dishonoured cheques and to discourage

frivolous and unnecessary litigation, Parliament enacted the Negotiable Instruments

(Amendment) Act, 2018 and notified by the Central Government on 1st September,

2018. The Amendment Act strengthened the credibility of cheques and help trade

and commerce in general by allowing lending institutions, including banks, to continue

to extend financing to the productive sectors of the economy. The Negotiable Instruments

(Amendment) Act, 2018 inserted two new sections i.e. Section 143A dealing with

2/2024/JIGL/NS Contd. ........

 521
: 5 :

Power to direct interim compensation and Section 148 dealing with Power of Appellate

Court to order payment pending appeal against conviction.

In reference to the above statements, answer the following questions :

(i) Mahesh draws a cheque of ` 25,000 on his own account, payable to Mukesh

but only has ` 20,000 in his account. Mukesh presents the same to the bank

after six months from the date on which it is drawn. The cheque bounced

due to insufficient funds in Mahesh’s account.

Explain the legality of this, with reference to Section 138 of the Negotiable

Instruments Act, 1881.

(3 marks)

(ii) S who was director of R & D Company, issued a cheque in favour of G

Associates for the discharge of its debt. The cheque was returned by the

bank unpaid because of the amount of money standing to the credit of that

account was insufficient to honour the cheque. State, whether S is liable,

considering the provisions of Section 141 of the Act ?

(3 marks)

(iii) Discuss the provisions related to the mode of service of summons by the

Court under Section 144 of the Act.

(2 marks)

(iv) Discuss the provisions under Section 143A(4) with regards to repayment of

the amount of interim compensation where the drawer of the cheque is acquitted.

(2 marks)

2/2024/JIGL/NS P.T.O.
521
: 6 :

2. (a) Discussing the case of Rylands Vs. Fletcher, state the rule of strict or absolute liability.

Reyansh owns a large, well-maintained dog, which is kept in a secure kennel in Reyansh’s

backyard. The kennel has a gate which is generally locked and a high fence to ensure

that the dog does not escape. One day, Vedant, a neighbour, climbs over the fence

and opens the kennel gate, allowing the dog to run free. The dog then bites Kartik,

another neighbour, who was walking by. Kartik files a suit for damages against Reyansh

under the law of torts. Is Reyansh liable for damages under the rule of strict liability ?

(5 marks)

(b) Mahendra is an accused in a high-profile murder case. The investigating authorities

want to conduct a narco-analysis test without his consent to obtain evidence. Mahendra’s

advocate argues that the use of this test violates his fundamental rights. With reference

to Selvi v. State of Karnataka, AIR 2010 SC 1974, discuss as to whether the use

of narco-analysis test on Mahendra, without his consent, constitutes a violation of his

fundamental rights. Is this right available to all persons ?

(5 marks)

(c) A filed a suit against B in 2019, claiming that B had wrongfully evicted him from

a property. The court in its judgment in 2021, ruled in favor of B, stating that the

eviction was lawful and dismissed A’s claim. In 2023, A files a new suit against

B on the same grounds, seeking to reopen the case. B argues that the new suit

is barred under the Civil Procedure Code, 1908. Discuss. What are the requirements

necessary for the applicability of the principles of res judicata ?

(5 marks)

2/2024/JIGL/NS Contd. ........

 521
: 7 :

3. (a) A is the owner of a field. He decides to sell it to B. There is a right of way

from the field that only A has knowledge of, but he conceals it from B. Discuss

whether the contract can be rescinded by B. What are the conditions where the

court may refuse to rescind the contract ?

(b) Aman and Manish have a dispute regarding the possession of an immovable property.

The dispute arose when Aman was 8 years old. Aman wants to file a civil suit

for the recovery of possession of the immovable property against Manish. The Limitation

Act specifies a limitation period of 12 years for the recovery of possession in such

disputes, However, since Aman was a minor when the limitation period commenced,

how much time does he have to file a suit after the cessation of his minority under

the Limitation Act, 1963. Explain.

What happens when there is a joint entitlement of filing a suit or application ?

(c) A public authority received an RTI application demanding information about strategically

placed troops and related information when the country was at war with one of its

neighbouring countries. The authority denied its disclosure as it belonged to a category

which was exempted under the Right to Information Act, 2005. Discuss whether the

authority could deny such information with reference to the relevant provisions of the

Act ?

(5 marks each)

2/2024/JIGL/NS P.T.O.
521
: 8 :

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

4. (a) The Municipal Corporation of Indore has a legal obligation to provide clean drinking

water to its residents as per the Madhya Pradesh Municipal Corporation Act, 1956.

However, for the past six months, the residents of Ward 12 have been complaining

about the lack of clean drinking water supply. Despite repeated complaints to the

municipal authorities, no action has been taken to rectify the situation.

Patel, a resident of Ward 12, decides to take legal action. He wants to file a writ

petition in the Madhya Pradesh High Court to compel the Municipal Corporation to

fulfill its statutory duty of providing clean drinking water to the residents of Ward

12. What type of writ Patel can file with the High Court in this case ? Discuss

and give reasons for your conclusions.

(5 marks)

(b) What do you mean by joint venture or foreign collaboration agreements ? State the

factors to be kept in mind while drafting foreign collaboration agreements.

(5 marks)

(c) What is the purpose of the Digital Personal Data Protection Act, 2023. What are

the key provisions under Section 3 regarding the applicability and non-applicability

of the Act to the processing of digital personal data ?

X, an individual, while blogging her views, has publicly made available her personal

data on social media. Do the provisions of this Act apply on her ?

(5 marks)

2/2024/JIGL/NS Contd. ........

 521
: 9 :

OR (Alternate question to Q. No. 4A)

4A. (i) Ravi had a longstanding grudge against Govind. Out of spite, Ravi had falsely accused

Govind of theft. Based on Ravi’s false report, criminal proceedings were initiated against

Govind. During the trial, the court found that the allegations were baseless and

subsequently acquitted Govind. After the acquittal, what remedy does Govind have

against Ravi under the law of tort ? Discuss in detail.

(ii) Define the term ‘mediation’ and ‘mediator’ under The Mediation Act, 2023. Distinguish

between arbitration and mediation.

(iii) ‘‘The general rule is that opinion of a witness on a question whether of fact or

law, is irrelevant’’. However, there are some exceptions to this general rule. Explain.

(5 marks each)

5. (a) (i) What are the four principal sources of administrative law ?

(ii) Rule of law was developed by British Jurist A.V. Dicey, which he gave in

his book ‘‘Rule of Law’’. Discuss.

(5 marks)

(b) (i) A puts bait for dogs in his pocket and induces Z’s dog to follow it. A dishonestly

takes the dog out of Z’s possession without Z’s consent. Explain the offence

committed by A under the Indian Penal Code, 1860. What is the punishment

for the offence committed ?

2/2024/JIGL/NS P.T.O.
521
: 10 :

(ii) In another case A threatens Z that he will keep Z’s child in wrongful

confinement, unless Z will sign and deliver to A a promissory note binding

Z to pay certain monies to A. Z signs and delivers the note. Explain the

offence committed by A under the Indian Penal Code, 1860.

(5 marks)

(c) What do you mean by lease under the Transfer of Property Act, 1882 ? Discuss

the duties of the lessee ?

(5 marks)

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

6. (a) Kunal buys a refrigerator from a shopkeeper, Rohit, and the property has passed

from Rohit to Kunal. Kunal does not take delivery as he has his own pick-up and

does not want to pay freight. Kunal and Rohit agree on taking possession the next

day. So, the refrigerator remains in Rohit’s shop and the price is unpaid. Before

delivery, Rohit’s shop is flooded due to heavy rain and the refrigerator is destroyed.

Is Rohit liable to pay the price of the refrigerator ? Explain with reference to the

provisions of the Sale of Goods Act, 1930.

(5 marks)

(b) Rajan made a gift of a house to his son, Ravi, with the condition that if Ravi decides

to sell the house during the lifetime of Rajan’s wife, she should have the option to

purchase it for ` 10,000, even though the market value of the house is set at

2/2024/JIGL/NS Contd. ........

 521
: 11 :

` 10,00,000. Decide the validity of this transfer under the Transfer of Property Act,

1882. Would your answer be the same if Rajan, instead of the above condition,

imposed a condition that Ravi will not alienate the property outside the family ? When

are absolute restraints valid ?

(5 marks)

(c) Shikha is accused of committing fraud by submitting false documents to obtain a loan

from a bank. Her actions constitute an offence under both the Indian Penal Code

(IPC) and the Banking Regulation Act. The prosecution initiates legal proceedings against

Shikha under both enactments. Explain whether Shikha can be punished twice for

the same offense under the IPC and the Banking Regulation Act, with regards to

the provisions of the General Clauses Act, 1897 ? What are the provisions mentioned

in the Act with regards to the computation of time ?

(5 marks)

(d) Brother A executed in favour of brother B a gift of all his property. By another

deed, brother B made provision for the living expenses of brother A and hypothecating

in favour of brother A, a part of the property included in the above mentioned gift

deed, in order to secure the payment of the living expenses. Discuss whether the

two documents are part of the same transaction explaining the relevant provisions of

the Indian Stamp Act, 1899 ?

(5 marks)

2/2024/JIGL/NS P.T.O.
521
: 12 :

OR (Alternate question to Q. No. 6)

6A. (i) Judicial precedents are an important source of law. Discuss various kinds of precedents.

(ii) A pharmaceutical company, Moon Pharma Ltd., filed a patent infringement lawsuit

against a small Biotech startup, Deep Ltd. The case was heard by Judge M, who

held significant shares in the Moon Pharma Ltd. Judge M ruled in favour of Moon

Pharma Ltd. Should Judge M have abstained himself from the case on the basis

of principle of Natural Justice ? Elaborate.

(iii) What do you understand by National Electronic Funds Transfer (NEFT) ? State the

advantage of NEFT.

(iv) In which offences can a case be tried summarily under Section 260(1) of the Criminal

Procedure Code, 1973 ?

(5 marks each)

————— o —————

2/2024/JIGL/NS Contd. ........

NEW SYLLABUS
521
: 1 :
Roll No. .....................................

Time allowed : 3 hours Maximum marks : 100

Total number of questions : 6 Total number of printed pages : 10

NOTE : Answer ALL Questions.

1. (a) Indian Constitution is considered as federal Constitution. There is distribution of powers

between Union and States regarding enactment of Laws. Both authorities are independent

of each other.

Indian Constitution covers the legislative relationship between the Union and State.

The Union legislature, i.e., Parliament has the power to make laws for the whole

of the territory of India or any part thereof, and the state legislature have the power

to make laws for the whole or any part of the territory of the respective State.

In distributing the subject on which legislation can be made, the Indian Constitution

draws three long lists of all the conceivable legislative subjects. These lists are contained

in the 7th schedule to the Constitution. List I is named as the Union List. List II

as the State List and III as the Concurrent list. Each list contains a number of entries

in which the subjects of legislation have been separately and distinctly mentioned.

Legislative function is done by the parliament or state legislature for their respective

subjects through passing the bills. Legislature is empowered to make laws but it shall

1/2024/JIGL/NS P.T.O.
521
: 2 :

not make any law which takes away or abridges the fundamental rights. It shall be

void to the extent to which it curtails any such right. Laws which were in force

before the commencement of the Constitution are void to the extent to which they

are inconsistent with the fundamental right. In reference to the above statements answer

the following questions :

(i) Rajasthan Government passed an Act restricting the use of sound amplifiers.

The Act is challenged on the ground that it dealt with a matter which fell

in entry of list I (Union list) which rcads ‘‘post and telegraphs, telephones,

wireless broadcasting and other like forms of communication’’ therefore state

cannot make law. Decide with applicable rule.

(2 marks)

(ii) Explain the term ‘‘judicial review’’

(2 marks)

(iii) What do you understand by bill ?

(2 marks)

(iv) Procedurewise, what are the types of bills.

(2 marks)

(v) What does the word ‘law’ include according to Article 13 of the Indian

Constitution ?

(2 marks)

1/2024/JIGL/NS Contd. ........

 521
: 3 :

(b) The liability of the Government can either be contractual or tortious. The Constitution

of India allows the central and the state government to enter into contracts under

Article 299 of the Constitution of India.

Article 299 (2) of the Constitution makes it clear that neither the President nor the

Governor shall be personally liable in respect of any contract or assurance made or

executed for the purposes of the Constitution or for the purposes of any enactment

relating to the Government of India. Subject to the provision of Article 299(1), the

other provisions of the general law of contract apply even to the Government contract.

According to Section 70 of the Indian Contract Act, 1872, where a person lawfully

does anything for another person or delivers anything to him such other person enjoys

the benefit thereof, the latter is bound to make compensation to the former in respect

of or to restore, the thing so done or delivered.

It may happen that a public servant may be negligent in exercise of his government

duty. It may be difficult to recover compensation from him. From the point of the

aggrieved person, compensation is more important than punishment.

In reference to the above statements, answer the following questions :

(i) A contract with the Government of Union or State will be valid and binding

only if certain conditions are followed. Explain.

(3 marks)

1/2024/JIGL/NS P.T.O.
521
: 4 :

(ii) State the effects of a valid contract with Government.

(2 marks)
(iii) Will Government be liable to pay compensation, if the requirement of Section
70 of the Indian Contract Act, 1872 are fulfilled ? Explain.
(2 marks)
(iv) Is the state vicariously liable for the wrongful acts of its servants ? Explain.
(3 marks)
2. (a) Water supply to A’s mill was disrupted due to B’s digging of his well. This resulted
in the cutting of the water supply to the A’s mill, due to which it was shut down.
A filed a suit for damages against B in a court of law. Decide and give reasons
for your conclusions.
(5 marks)
(b) X filed a suit to recover possession of a movable property against Y. During the
hearing, X alleged that Y may dispose of the property to his benefit. If you are
a presiding officer of a court how you will decide the case ? Give reasons for your
conclusions.
(5 marks)
(c) There were two contracts–one between the principal and contractor and another between
contractor and sub-contractor. On completition of work, the sub-contractor demanded
money for the completion of work and on non-payment filed a criminal complaint
alleging that the contractor having received the payment from the principal had
misappropriated the money. What kind of offense has been committed by the contractor ?
Also, define and elucidate the essential ingredients of criminal misappropriation of property.

(5 marks)

1/2024/JIGL/NS Contd. ........

 521
: 5 :

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) L, a singer, agreed to sing at M’s theatre for a certain period and not to sing anywhere

else during that period. Afterward, L entered into a contract to sing at another theatre

and refused to perform the contract with M. M sued for specific performance of

the contract and prohibitory injunction from singing in another theatre. Will M succeed ?

Decide and give your reasons to the conclusions.

(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.

(5 marks each)

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

4. (a) Express mention of one thing implies the exclusion of another. Discuss under the

interpretation of statutes.

(5 marks)

1/2024/JIGL/NS P.T.O.
521
: 6 :

(b) When the date was not fixed by the parties for the performance of a specific act,

then how the court will compute the limitation period ? When does the limitation

period start for filing a suit ? Decide with the help of the case laws.

(5 marks)

(c) The appellant entered into an agreement with the respondent for the sale of 40,000

WMT (Wet Metric Tonne) of Iron Ore Pellets. Dispute arose between the parties

regarding the price and payment terms and the appellant did not deliver the goods

to the respondent. The respondent claimed for damages and the appellant denied any

liability. Clause 18 of the agreement between the parties contains an arbitration clause.

The respondent invoked the arbitration clause and the appellant did not agree for

the appointment of the arbitrator. Hence, the respondent filed a petition under Section

11(6) of the Arbitration and Conciliation Act, 1996 before the Madras High Court.

The Madras High Court vide impugned order appointed a former judge of the Madras

High Court as the sole arbitrator. The appellant preferred the appeal to the Supreme

Court. Decide whether the Madras High Court has justified in appointing the arbitrator.

Give your reasons.

(5 marks)

1/2024/JIGL/NS Contd. ........

 521
: 7 :

OR (Alternate question to Q. No. 4A)

4A. (i) Jeremy Bentham claimed that nature has placed the man under the command of two

sovereigns. He also stated that every law may be considered in eight different respects.

Elucidate the statements.

(ii) In India a statute or law is valid because it derives its legal authority from being

duly passed by the Parliament and receiving the accent of the President, the Parliament

and the President, derive their authority from a norm i.e., the Constitution. From where

does the Constitution derive its validity ? Explain. Which theory of law is based on

a pyramidical structure of hierarchy of norms that derive their validity from the basic

norm ? Elucidate.

(iii) ‘‘The Law of limitation bars the remedy in a Court of law only when the period

of limitation has expired, but it does not extinguish the right.’’ Elucidate the statement.

Whether court can Suo moto take note of the question of limitation ?

(5 marks each)

5. (a) Enumerate the distinction between the Cheque and the Bill of Exchange.

(5 marks)

1/2024/JIGL/NS P.T.O.
521
: 8 :

(b) Define digital signature and electronic signature certificate. Elucidate the procedure for

obtaining the electronic signature certificate.

(5 marks)

(c) In the case Reliance Petrochemicals Limited V. Indian Express Newspapers, 1989

AIR 90 the Supreme Court observed that Article 21 includes the right to know.

The Supreme Court held that the right to know is a necessary ingredient of participatory

democracy. Elucidate the statement and explain the objectives of the Right to Information

Act, 2005.

(5 marks)

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

6. (a) A and B are litigating in a Court of law over property X and during the pendency

of the suit, A transfers the property X to C. The suit ends in B’s favour. Decide

whether C can claim property from B. Give reasons for your answer.

(5 marks)

(b) A bill is endorsed, ‘‘Pay A or order’’. A endorses it in blank, and it comes into

the hands of B, who simply delivers it to C, C forges B’s endorsement and transfers

it to D. Whether D can claim payment ? Decide while giving reasons for your answer.

(5 marks)

1/2024/JIGL/NS Contd. ........

 521
: 9 :

(c) A undertook to sell a plot of land to B but before the plot could be developed,

war broke out and the land was temporarily requisitioned by the Government. A

offered to return earnest money to B in cancellation of the contract. B did not accept

and sued A for specific performance. A pleaded discharge by frustration. Decide and

provide for your conclusions.

(5 marks)

(d) A goes to B’s shop and purchases silk saree thinking that it is made of Banarsi

silk. The shopkeeper knows that A’s thinking is wrong. He however does not correct

A’s impression. Later on, when A discovers that the saree is not made of Banarsi

silk he wants to avoid the contract. Would A succeed ? Give reasons.

(5 marks)

OR (Alternate question to Q. No. 6)

6A. (i) Elaborate the provisions of Section 32 of Arbitration and Conciliation Act, 1996 regarding

termination of arbitration proceeding.

(5 marks)

(ii) What is the extent of liability of instruments to stamp duty where several instruments

are executed in a single transaction ? Explain.

(5 marks)

1/2024/JIGL/NS P.T.O.
521
: 10 :

(iii) What are various types of mediation and enumerate the distinction between Arbitration

and Mediation.

(5 marks)

(iv) What do you understand by admission as per the Indian Evidence Act, 1872 ?

Distinguish it from confession.

(5 marks)

————— o —————

1/2024/JIGL/NS Contd. ........

NEW SYLLABUS
421
Roll No. ..................................... : 1 :

Time allowed : 3 hours Maximum marks : 100

Total number of questions : 6 Total number of printed pages : 4

NOTE : Answer ALL Questions.

1. (a) The students of Patra University appeared in an examination under a special scheme,
and their results were declared but the degree of successful students was not issued
as the University decided to further examine the students on the additional subject.
Can the University do so ? Discuss the relevant rule of evidence.
(b) ‘‘Trade, commerce and intercourse throughout the territory of India shall be free.’’
Critically examine this statement with reference to Indian Constitution.
(c) Discuss the position of vicarious liability of an employer for an independent contractor.
What are the conditions when an employer is liable and when he is not liable ?
(d) Throw light on the role of a Conciliator in a Conciliation Proceeding under the Arbitration
and Conciliation Act, 1996. In what manner a Conciliation Proceeding may be
terminated ?
(5 marks each)

Attempt all parts of either Q. No. 2 or Q. No. 2A

2. (a) Distinguish between Ratio decidendi and Obiter dicta. What are the rules governing
binding force of judicial precedents ? Discuss. (4 marks)
(b) Where in an enactment, there are two provisions which cannot be reconciled, they
should be so interpreted that, if possible, the effect may be given to both. Explain
this statement. (4 marks)

1/2023/JIGL P.T.O.
421
: 2 :

(c) If the date of enactment is not specified under the legislation, when does it come
into force ? Cite the relevant provision of the General Clauses Act, 1897.
(4 marks)
(d) Is Section 3 of the Limitation Act, 1963 mandatory in nature ? Discuss.
(4 marks)
OR (Alternate question to Q. No. 2)

2A. (i) ‘‘A judge is supposed to be indifferent to the parties to the controversy. He cannot
act as a judge of a case in which he himself has some interest either pecuniary
or otherwise as it affords the strongest proof against neutrality.’’ Elucidate.
(ii) ‘‘Reference and Review are various remedies provided under the Civil Procedure Code,
1908 to cater to different situations.’’ Explain.
(iii) What is Special Court under the Companies Act, 2013 ? Discuss any two offences
which are triable by these courts ?
(iv) ‘‘A mere alteration of the document does not make it a forged document unless
made for some gain.’’ Explain this statement under Indian Penal Code, 1860.
(4 marks each)

3. (a) What are the objects of summary trials under Criminal Procedure Code, 1973 ? State
any four offences which may be summarily tried.
(b) What are the benefits of E-stamping ? How do we verify e-stamping ?
(c) What is the effect of the non-registration of documents that need to be registered
under the Registration Act, 1908 ?
(d) State the penalty provisions for failure to furnish information, return and to maintain
records under the Information Technology Act, 2000.
(4 marks each)

1/2023/JIGL Contd. ........

 421
: 3 :

4. (a) What are the appellate authorities and time limit to file an appeal against the decision
under the Right to Information Act, 2005 ?
(b) Explain in brief the relationship between the statute of Limitation and Writs under
the Constitution.
(c) Differentiate between rule of res judicata and res subjudice.
(d) Discuss how an arrest should be made under Section 46 of the Criminal Procedure
Code, 1973.
(4 marks each)

5. (a) X, a surgeon, knowing that a particular operation is likely to cause the death of
Y and intending in good faith Y’s benefit, operates on Y with Y’s consent to relieve
him of his pain. Y dies during the operation. What offence X has committed ? Discuss
any six general exceptions with an example provided under the Indian Penal Code,
1860 for a person accused of committing any offence.
(b) What instruments may be stamped with adhesive ? Why and how affixed stamps
are cancelled as per the Indian Stamp Act, 1899 ?
(8 marks each)
Attempt all parts of either Q. No. 6 or Q. No. 6A

6. (a) What are the public nuisances against which conditional order for removal can be
made under Section 133 of the Criminal Procedure Code, 1973 ?
(4 marks)
(b) List any eight (8) acts done without permission of the owner under the Information
Technology Act, 2000 that makes a person liable to pay damages by way of
compensation.
(4 marks)

1/2023/JIGL P.T.O.
421
: 4 :

(c) ‘‘Every confession must be an admission but every admission may not amount to

a confession.’’ Examine this statement.

(4 marks)

(d) Briefly state the essential features of an Arbitral Award under the Arbitration and

Conciliation Act, 1996.

(4 marks)

OR (Alternate question to Q. No. 6)

6A. (i) Discuss the provisions related to the place of registration of documents affecting

immovable property as per the Registration Act, 1908.

(ii) Explain the object of interpretation. What is the function of the court in

interpretation ?

(iii) Discuss the principle of protection against compulsion of self-incrimination

embodies Article 20(3) of the Constitution of India with the help of judicial decisions.

(iv) According to Kelsen, law is a ‘‘normative science’’. Explain.

(4 marks each)

————— o —————

1/2023/JIGL Contd. ........