KISHINCHAND CHELLARAM LAW COLLEGE.

PRELIMINARY EXAMINATION – September 2009

First year LL.B (Semester- I) – Law of Torts
Date: September 24, 2009
Marks – 100
Q. I. Answer the following in not more than two sentences. (20 marks)
1. What is Public nuisance?
2. What is meant by an ‘unliquidated damages?
3. Define Assault
4. What is Deceit?
5. Define Distress Damage feasant
6. What is meant by ‘Detenue’?
7. What is trespass ab-initio?
8. What is complaint under consumer protection Act 1986?
9. What is a consumer dispute under consumer protection Act 1986?
10. State the Jurisdiction of State Commission

Q.II. Write short notes (any four) (20 marks)

1. Volenti Non fit Injuria
2. Essentials of Ratification
3. Mental & Nervous Shock
4. Privilege under Defamation
5. Unfair trade practices
6. Services

Q.III. Solve any two

(12 marks)
1. A and B were neighbours and were having a dispute over right of way. In order
to obstruct A from using way, B ordered his servant to place rubbish across the
pathway but to put it carefully so it does not touch A is wall. The servant executed
order carefully but heaped up rubbish began to slide and touched A’s wall. A sued
B.
1. What is nature of Torts?
2. Who is liable? Why?
3. Write judgement of case with reasons
4. Write name of the case law

2. A threw a lighted Squib into a market house which fell near a person who again
threw it away from him. There upon the third person did the same and it fell near
B. It exploded and blinded one of B’s eyes.
1. State the liability of A.
2. Write the judgement of case.
3. Write the name of the case law.

3. Roopa had a daughter by caesarean delivery. She was brought in for delivery of
a second Child. The doctor in charge tried for labour pains, but there was no
progress for 18-28 hours. Ultimately caesarean delivery was resorted to and a dead
child was brought forth. The trial for labour. Pains was found on evidence to be
Justified. Roopa had another male child after it.
1. What is the offence Committed?
2. Who is liable?
3. Write the name of the case law

Q. IV. Answer any four (48 marks)

1. Discuss fully the various modes under which a tort gets discharged
2. Discuss in detail, what Sir Frederick Pollock calls “The rules of immunity which
limits the rule of liability”
3. What is meant by contributory Negligence? Explain doctrine and State Exceptions
Citing relevant case laws
4. Discuss fully absolute or strict liability with reference to Rylands V/s Fletcher
5. Discuss fully the ingredients of tort of defamation. What defences are available in
an action of defamation.
6. Explain three tier system of consumer dispute redressal agencies under
Consumer protection Act, 1986?
 KISHINCHAND CHELLARAM LAW COLLEGE.
PRELIMINARY EXAMINATION – September 2009
First year LL.B (Semester- I) – Law of Contract
Date: September 24, 2009
Marks – 100.
Q. I. Answer the following in not more than two sentences (20 marks)
1. Define Agreement
2. Define Fraud
3. What is Voidable Contract?
4. Difference between “Offer” and “Invitation of offer”
5. Define Specific Performance
6. What is a “Mistake” under the Contract Act?
7. What is a “Proposal”?
8. When does Court grant temporary Injunction?
9. What is “Breach of Contract”?
10. Which persons are not competent of Contract?

Q.II. Write short notes (any four) (20 marks)

1. “Novation”
2. “Agreements without Consideration”
3. “Auction Sale”
4. “Revocation of Proposal Acceptance”
5. “Undue Influence”
6. “Wagering Agreement”

Q.III. Solve any two (12 marks)

1. “A” sends an invitation to “B” in Mumbai, to come to Pune to play in
A’s
friendly Cricket Match , against a local team during the week-end “B”
sends a
letter accepting A’s offer and travels to Pune at his own expense. He
presents
himself on the cricket field, but “A” refuses to include him in the
team.
a) Was there an intention to create a contract?
b) Can “B” sue “A” for Breach of Contract?

2. Mr. “X” was selected as an officer in a Company by a decision taken

in a meeting of Board of Director Mr. “Z”, one of the Directors
informed him about the same at a private party. Subsequently the
Company appointed Mr. “Y” as the officer in the same position for
which Mr. “X” had been selected.

3. “A” from Calcutta proposal by a letter dated 1 Jan to “B” from

Bombay, to sell his house at Bombay for Rs. 100000/-. The letter
stated that “B” must give his reply within seven days from the receipt
of the letter by him. It takes three days for a letter to reach from
Calcutta to Bombay and vice-versa “B” receives A’s letter on January
4, ‘B’ sends a reply by post to ‘A’ on January 5, accepting A’s proposal
on January 6, ‘B’ changes his mind, and desires to revoke his
acceptance, can he do so? If yes, how?

Q. IV. Answer any four (48 marks)

1. Discuss in detail ‘Doctrine of Frustration’
2. Discuss the provisions for certain relations resembling those created
by Contract as provided under Indian Contract Act.
3. Discuss in detail ‘Contingent Contracts’
4. By whom should contracts be performed?
5. Discuss in detail ‘Quantum Meruit”
6. Discuss Contracts made by or with the Government
 KISHINCHAND CHELLARAM LAW COLLEGE.
PRELIMINARY EXAMINATION – September 2009
First year LL.B (Semester- I) – Labour Laws
Date: September 24, 2009
Marks – 100.
Q. I. Answer the following in not more than two sentences (20
marks)
1. What is the difference between partial disablement and total disablement?
2. Who is a ‘protected workman’ under the Industrial Disputes Act?
3. Define the term ‘award’.
4. What do you mean by ‘badli workman’?
5. What are the functions of a Works Committee?
6. What is meant by “contracting out” under the Workmen’s Compensation Act?
7. State two unfair labour practices on the part of employers.
8. Name the different authorities under the MRTU & PULP Act.
9. What is a chargesheet in labour law?
10.Briefly define standing orders.
Q.II. Write short notes on any four of the following :-
(20 marks)
1. Advantages and drawbacks of collective bargaining
2. Modifications of Standing Orders under the Industrial Employment
(Standing Orders)
Act, 1946
3. Industrial dispute under the Industrial Disputes Act.
4. Powers and Functions of a Commissioner for Workmen’s Compensation.
5. Public Utility Services under the Industrial Disputes Act.
6. Subsistence Allowance under the Industrial Employment (standing
Orders) Act.
Q.III. Answer any two of the following:- (12
marks)
(a) A large scale printing press engages contractors to do its work who, in turn,
employ contract labour. The contract workers are recruited by the
contractors who maintain their records, etc. One of these contract workers
meets with an accident whilst doing his work as a result of which he loses
three fingers of his right hand. The injured workman makes a claim of
compensation against the printing press owner before the Commissioner for
Workmen’s Compensation.
(i) Will the injured workman succeed in his claim against the printing press
owner?
(ii) What kind of disablement has the worker suffered?
(b) A factory manufacturing rainwear faces a huge accumulation of stock
because of a glut in the market. The employer is unable to run a profitable
business by continuing to manufacture rainwear till the stocks are cleared. So
he decided to shut down his factory temporarily till the accumulated stocks
are sold.
(i) Is this closure, lay-off or retrenchment of workers?
(ii)What quantum of compensation for loss of work and pay are the workers
entitled to
under these circumstances?
(c) A worker in a soap making factory employing 90 workers is caught red
handed stealing 10 bars of soap.
(i) What procedure will the management have to follow to punish him for
committing this misconduct
(ii) What type of punishments can be imposed on the errant worker by the
management?
Q.IV. Answer any four of the following:- (48
marks)
1. Explain the procedure for obtaining the recognition of a union under MRTU &
PULP Act,
1971.
2. Explain the concept of “arising out of and in the course of employment” as
contemplated in
the Workmen’s Compensation Act, 1923.
3. Explain the concept of “industry” as defined in the Industrial Disputes Act, 1947,
with special
reference to the judgment in the Bangalore Water Supply case.
4. Discuss provisions of Section 33C (2) of the Industrial Disputes Act for recovery
of “money
dues” from the employer and distinguish it from the provisions of Section 33 C
(1) of the Act.
5. “Wages for strike period will only be paid when the strike has been found by the
courts to be
both legal and justified”. Elucidate this statement explaining all the concepts
touched on therein.
6. What are the circumstances in which an employer can declare retrenchment?
What are the
provisions for compensation for the same?
x-x-x

KISHINCHAND CHELLARAM LAW COLLEGE.

PRELIMINARY EXAMINATION – September 2009
First year LL.B (Semester- I) – Legal Language and Legal Writing
Date: September 24, 2009
Marks – 100.
N.B. This paper should be answered in English only

Q. I. Answer the following in not more than two sentences. (20 marks)
1. Change from active voice to passive voice: ‘Some boys were helping
the wounded man’
2. Convert into indirect speech Ram said, “I am very busy now”
3. Convert to direct speech : He inquired whether his name was not
Anand?
4. Punctuate this sentence: He was a brave large hearted man and we
all honoured him
5. Change from affirmative to negative: I am taller than he
6. Change the compound sentence to complex : The dog barked, but did
not bite
7. What is an encyclopaedia?
8. Who is the editor of One India, One People?
9. Explain the Citation
Mahesh v/s Meena 2001 Mah. L. J. 400
10. Give the full forms of J.I.L.I & LL. J

Q.II. Write short notes on any four of the following :-

(20 marks)
1. Salus Populi est Suprema lex
2. Ignorantia facti excusat, Ignorantia Juris non excusat
3. Audi alteram partem
4. Amicas curiae
5. Jurisdiction
6. December 12, 1961 A, aged ten years has entered into a contract
with a film producer for acting in a film. She was promised
Rs.10,000/- for the same. However, the film producer does not give
her the promised amount.
Describe the search for the case to find out if the contract is valid.

Q.III. Answer any one of the following:-

Answer the questions after reading the legislative extract:-(12 marks)

1. The Medical Termination of Pregnancy Act,1971

[ Act No. 34 of 1971]
An Act to provide for the termination of certain pregnancies by registered
medical practitioner and for matters connected therewith or incidental
thereto
Be it enacted by Parliament in the Twenty –Second Year of the Republic of
India as follows:
 A. Short title, extent and commencement :-
[1] This Act may be called the Medical Termination of Pregnancy Act,1971
[2] It shall extend to the whole of India except the State of Jammu and
Kashmir.
[3] It shall come in to force on such date as the Central Government may, by
notification
in the official gazette appoint.

1. Identity the short title

2. Identify the long title
3. Identify the date of assent
4. Identify the enacting formula
5. Identify the legislation numbers
Or

2. The Maternity Benefit Act, 1961

[Act no. 53 of 1961]
An Act to regulate the employment of women in certain establishments
for certain
periods before and after childbirth and to provide for maternity benefit
and certain
other benefits:-
Be it enacted by Parliament in the Twelfth Year of the Republic of India
as follows:

A. Short title , extent and commencement

[1] This Act may be called the Maternity Act,1961.
[2] It extends to the whole of India
[3] It shall come into force on such date as may be notified in this
behalf in the Official Gazette-

Identify the section

Identify the extent
Identify the date of commencement
Identify the long title
Identify the enacting formula

Q.IV. Answer the following:- (48 marks)

1. Write an essay on a) Right to Education OR b) Global Economic Crises
2. What are law reports? Write notes on Judgements Today and Criminal Law
Journal.
3. Vinita is working as an office clerk with ABC & Bros. Her colleague often
passes unwelcome sexually coloured remarks and causes sexual harassment
to her. What can Vinita do? How do the guidelines laid down by the Supreme
Court ensure a safe environment of women at work place?
4. Answer the following questions from the passage given below:
It is the Sphinx’s riddle: What is consciousness? It is something we take for
granted and make use of every moment of our lives, without which we are
not what we think ourselves to be, and yet if want to know it a little deeply,
it eludes us. When we know it, our life’s aim is fulfilled, we are free from all
anxieties, all troubles. We make use of words like knowledge, consciousness,
awareness, intuition, almost as synonyms. Usage takes us a long way , but
leaves us short of the destination.
a)When is one life’s aim fulfilled?
b) Which are the words used synonymous for consciousnesses
c) Give a suitable title to the passage
d) What is consciousness ?
e) When can we be free from anxiety?