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JIGL Old Syllabus

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9 views

JIGL Old Syllabus

Uploaded by

m93039826
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Marks: 100 Time: 3 Hours

Answer ALL Questions.


Q.1.
1. (a) Briefly describe the Fundamental Rights against exploitation under Constitution of India.
(b) Define the concept of Kelson’s ‘Pure Theory of Law’ under Analytical School.
(c) Describe the role of ‘interpretation or definition clause’ in statutes.
(d) Explain the liability of master for the act of his servant under the law of torts.
(5 marks each)
Attempt all parts of either Q. No. 2 or Q. No. 2A
2. (a) Discuss the provision of Civil Procedure Code, 1908 which prevents multiplicity of suits
in respect of same cause of action.
(b) The Parliament passed many laws in the interest of public safety and social welfare. It
imposes absolute liability in Criminal Law. Elaborate.
(c) Define the rule against bias under Administrative Law and also discuss its kinds.
(d) Explain the procedure given in Criminal Procedure Code, 1973 for publication of
proclamation regarding absconding persons.
(4 marks each)
OR (Alternate question to Q. No. 2)
2A.
(i) Explain the Latin maxims ‘damnum sine injuria’ and ‘injuria sine damnum’.
(ii) Define criminal conspiracy and state the punishment for it under the Indian Penal Code,
1860.
(iii) Describe the concept of False Imprisonment under Law of Torts. Cite case law in support
of your answer.
(iv) Explain the provision as to offences punishable under two or more enactments under
Section 26 of the General Clauses Act, 1897.
(4 marks each)
3. (a) It is well settled law that for grant of temporary injunction, three factors have to be
satisfied, which are prima facie case, balance of convenience and irreparable loss. Discuss.
(b) ‘A’ is accused of the murder of ‘B’ by beating him. Discuss the rule of relevancy of fact of
the statement said or done by ‘A’ or, ‘B’ or the bystanders at the beating, or so shortly before
or after it.
(c) What is maximum and minimum period of limitation prescribed by Limitation Act, 1963
and also state that in which kind of suits it is provided ?
(d) ‘‘Alternative Dispute Resolution is not an alternative to the court system but only meant to
supplement the same aiming on less lawyering’’. Comment.
(4 marks each)
4. (a) In the interpretation of a statute a Judge must not alter the material of which it is woven,
but he can and should iron out the creases. Comment.
(b) Explain the provisions applicable to making of rules or bye-laws after previous publication
under Section 23 of General Clauses Act.
(c) Explain the difference between the powers of the Collector under Section 39 and the powers
of the Controlling Revenue Authority under Section 45 of Indian Stamp Act, 1899.
(d) Do you consider that there is no antithesis between effective government and controlling
the exercise of administrative powers ?
(4 marks each)
5.
(a) State the procedure of appeal before the National Company Law Appellate Tribunal.
(b) What is presumption ? When is it needed and not needed for interpretation ?
(8 marks each)
Attempt all parts of either Q. No. 6 or Q. No. 6A
6.
(a) Explain the three fundamental provisions to which the Information Technology Act, 2000
is made applicable. (4 marks)
(b) Discuss the grounds under which the Court at the time of passing sentence on accused
person, order him to execute a bond for keeping peace to such period and when such a bond so
executed shall become void? (4 marks)
(c) Explain with suitable examples that legal damage is neither identical with actual damage
nor is it necessarily pecuniary. (4 marks)
(d) Explain the limitations under Civil Procedure Code that every suit shall be instituted in a
court within the local limit of whose jurisdiction the defendant actually resides or carries on
business. (4 marks)
OR (Alternate question to Q. No. 6)
6A.
(i) The classical view of that ‘no mens rea, no crime’ has long been eroded. Elaborate.
(ii) All facts logically relevant are not legally relevant. Narrate.
(iii) Name the kind of suits for which period of limitation prescribed by the Limitation Act is
30 years and 12 years respectively.
(iv) State the reason and purpose of Arbitration and Conciliation (Amendment) Act, 2015
passed by the Parliament. (4 marks each)

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