221

Roll No..

Time allowed : 3 hours Maximum marks : 100

Total number of questions: 8 Total number of printed pages : 3

NOTE: Answer SIX questions including Question No.1 which is compulsory.

1. (a) Discuss the legislative powers of the Parliament and State Assemblies with
respect to different subjects of legislation as provided under the
Constitution of India.
(8 marks)

(b) Discuss the position of fundamental rights vis-a-vis directive principles of

State policy.
(6 marks)

(c) What is delegated legislation ? What are the limits under which powers
of delegated legislation may be exercised ?
(6 marks)

2. (a) Discuss the ejusdem generis rule of interpretation.

(6 marks)

(b) If one person fraudulently uses the domain name of another, what legal
remedy is available to the aggrieved party ?
(5 marks)

(c) What are the documents of which registration is not compulsory under the
Registration Act, 1908 ?
(5 marks)

3. (a) Mens rea is generally necessary for liability in criminal law. Discuss.
(6 marks)

(b) Discuss the doctrine of res sub-judice.

(5 marks)

(c) What purposes are prohibited for creation of a valid trust ? What are the
effects of a void trust ?
(5 marks)

4. (a) If a person is dispossessed of immovable property without his consent and

otherwise than in due course of law, what legal remedy is available to him
if he does not establish his title ?
(6 marks)

2/2004/GCL P.T.O.
221
:2:

(b) Define arbitration agreement. What are the essentials for a valid
arbitration agreement ?
(5 marks)
(c) Which party is responsible for payment of duty on different kinds of
instruments under the Indian Stamp Act, 1899?
(5 marks)

5. (a) Ajoy, after learning that Chander had been murdered by Bijoy, went to the
spot and found that the body of Chander was being taken to the house of
Chander by four persons who told him that Bijoy had murdered Chander
and he had run away. Is the statement of Ajoy that he was told by four
persons that Bijoy had murdered Chander and run away admissible as an
evidence?
(6 marks)
(b) Anand bequeaths his house to trustees, declaring that they may sell it with
the consent of Bhanu. Bhanu gives a general prospective assent in writing
to any sale which the trustees may make. The trustees then enter into a
contract with Chetan to sell him the house. Chetan refuses to carry out the
contract. Can trustees specifically enforce the contract?
(5 marks)
(c) Ramesh owed Rs.50,000 to Brijesh on a bond which fell due on
1st January, 2002. Brijesh died in an accident on 30 th June, 2003 without
having brought any suit, and was succeeded by his son Mohan of 12 years
of age. Is Mohan entitled to any extension of time because of his
minority ?
(5 marks)
6. (a) A requisition was received by the sub-inspector of a police station from
another police-station to arrest one Sameer in connection with the
commission of a non-cognizable offence. Can the sub-inspector arrest
Sameer ?
(6 marks)
(b) While a suit relating to a bunglow is pending between Ram and Shyam,
Gita transferred the bunglow in favour of Sita. The court passes a decree
in favour of Ram. Ram starts proceedings for execution of the decree
against Sita. Will Ram succeed ?
(5 marks)
(c) Aman filed a suit against Bhuvan for obtaining a house and land property
of Chaman on the ground that Chaman had bequeathed those properties to
him by a will. But, Aman failed to prove the will and his suit was
dismissed. Now, Aman files a fresh suit to get the properties of Chaman
on the ground that he is the only and nearest heir to Chaman. Will Aman
succeed ?
(5 marks)

2/2004/GCL Contd
 221
:3:

7. (a) A special meeting of the governing body of a society registered under the
Societies Registration Act, 1860 was convened to consider the proposal
for altering its purposes. The proposal was submitted to the members in a
written report. The proposal was agreed to by the votes of three-fourths of
members present and voting in person.

A second special meeting was convened after ten days of the first meeting.
In the said meeting, the agreed proposal was confirmed by three-fifths of
the total members. Is the alteration valid ?
(6 marks)

(b) Rajesh mortgages a building of the value of Rs.70,000 to Suresh for

Rs.50,000. Rajesh, subsequently, sells the building to Suresh. An unpaid
amount of Rs.5,000 against interest is also outstanding at the time of sale.
Determine the value on which the stamp duty is payable in this transfer of
property.
(5 marks)

(c) Ajit sells a house to Baljit by a written document in 1997 and delivers
possession thereof to Baljit. But the document is not registered. After one
year, Ajit sues Baljit to take back possession of the house on the ground
that because of non-registration, the document has no validity. Will Ajit
succeed ?
(5 marks)

8. (a) Under the terms of an arbitration agreement, the court appointed Anurag,
chairman of the arbitral tribunal, as the arbitrator. During the pendency of
the arbitration, Anurag was demoted and ceased to be the chairman of
arbitral tribunal. The parties to the dispute objected to his continuance as
arbitrator on the ground that he had now become disqualified. Is he
entitled to continue as the arbitrator ? Decide.
(6 marks)

(b) Amar bequeaths certain property to Akbar, having the fullest confidence
that he will dispose it of for the benefit of Anthony. Explain whether a
valid trust is constituted by this instrument ?
(5 marks)

(c) Arjun owed money to Bheem. Bheem transferred the debt by deed of gift
to Chander. Subsequently, Bheem transferred it for value to Deepak. Who
is entitled to the amount ?
(5 marks)

2/2004/GCL