€ SZ RAL UNIVERSITY OF SOUTH BIHAR SCHOOL OF LAW AND GOVERNANCE CE} End Term Examinations, 2021-202 2022) Sessio Course Code: Law of Crim Duration Instruction Attempt total seven questions. All questions carry equal marks, “The principle object of the first information report from the point of view of the informant is to set the criminal Jaw in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity 5 to able to take suitable step to trace and bring to book the guilty.” In the light of this statement, discuss the relevance of FIR in criminal justice system. 10 Marks Discuss the procedure of investig cognizable offences under The Code of Criminal Procedure 1973. 10 Marks Pree the term “arrest” under The Code of Criminal Procedure 1973 and when a police officer can arrest a person without warrant? 10 Marks 4, Discuss the law relating to the bail by default and bail on the basis of merit with the help of relevant case laws, 10 Marks Se“Under Section 190 of The Code of Criminal Procedure 1973, it is the application of 7 judicial mind to the averment in the complaint that constitute cognizance. At this stage, the magistrate has to be satisfied where there is sufficient ground for proceeding and not whether there is sufficient ground for conviction.” Explain, 10 Marks 6. “The framing of the proper charge is vital to a criminal trial and that is a matter on which the court should bestow the most careful attention.” Discuss the statement with the help of case laws. 10 Marks 7. Discuss the procedure of trial before the Court of Session. 10 Marks Page 1 of28) Search und Seize, b) Right of women arrestee 10. Write a short note on: - 4) Summary Trial, b) Inherent power of High Court under The Code of C Page 2 of 2 S45 Marks i Procedure 1973.Cys B 2012125. ‘3 CENTRAL UNIVERSITY OF SOUTH BIHAR SCHOOL OF LAW AND GOVERNANCE End Term Examinations, 2021-2022 (April-May. 2022) Semester: 4" 4 alcent Session; Programme: B.A.LL.B (Hons) Maximum Marks: 70 N Course Title: Family Law-l Course Code: BALAW4002C08 Duration: 3 Hours Instructions: Question number One is Compulsory. Attempt total seven questions. All questions carry equal marks. | 7. “The law was not to be found merely in the text of the Smriti but also in the pra and usage which had prevailed under it. In the light of this quoted line di the ancient Sources of Hindu Law and the importance of Smriti to develop Hindu Personal Law. (10 Marks) 27 A, 17 years girl married with 20 years boy B voluntarily. After 3 years, A marries with C who is younger brother of B afier the death of B. Examine the Validity of marriage mentioning the essentials of marriage to be complied in valid mattis (10 Marks) When does marriage become Void or Voidable? Examine the validity of marriage solemnized in contravention of the Prohibitions of Child Marriage Act, 20067 (10 Marks) AC “Right to Privacy has not extended in Conjugal Rights cases and therefore, without reasonable excuses if the Conjugal right is not fulfilled; other party may approach the ‘Count to enforce the right. In the light of this quoted line examine the Restitution of Conjugal Right and the meaning of Reasonable Excuse with the help of suitable Cases. (10 Marks) Kin the case of Joseph Shine v. UO! offence of adultery has been declared unconstitutional. However it is still relevant for the matrimonial cases. Critically examine the above statement. (10 Marks) 6. Right is controlled by the multiple facets of duty. Examine the duty of husband/father towards wife/daughter under Hindu law. (10 Marks) Page 1 of 27. What caution should be taken for the adoption of small Child? Also discuss procedural requirements to be followed for inter-country adoption, Whether without consent of husband wife can adopt the child? (10 Marks) 8. How is the daughter incorporated in Hindu Coparcener after 2005? Examine the rights of daughter in the light of Coparcener and right to inheritance in relevant provision of (10 Marks) Hindu Succession Act, 9. Write Short notes on any two of the followings: a) In the nature of marriage under Protection of Women from Domestic Violence Act 2005, b) Validity of Bigamous Marriage and Child from the marriage. ©) Surrogacy. (5*2=10 Marks) Write Short notes on any two of the followings: ay Femily Court in Indi Disqualification under succession laws jal Seperation. : (3*2=10 Marks) Page 2 of 20382013126093 SCHOOL OF LAW AND GOVERNANCE End Term Examinations, 2021-2022 (April-May, 2022) Semester: IV Session: 2021-22 Programme: B.A.LL.B (Hons.) Maximum Marks: 70 Marks Course Code: BALAW4003C04 Course Title: Public International Law Duration: 3 Hours Instructions: Question number One is Compulsory. Attempt total seven questions. All questions carry equal marks, <6 “Intemational law is tainted with the allegations from developing countries that the legal regime is euro centric in nature”, Do you agree with this statement? If yes, what steps were taken to ensure the effective participation of third world countries. How far this has been effective? 10 Marks (A “The South China Sea Dispute has adversely affected the territories involved in the dispute but along with them, other countries involved in trade with them are affected. It is one of the most vital trade routes and it is important to end the dispute over the South China Sea so that trade and economic activities of the country are not disrupted”. Considering this, discuss the issue of South China Sea, How was procedural faimess ensured in this case? Also discuss what is the appropriate way out and the recent progress in this case. 10 Marks “Sanctions are coercive measures taken to ensure the execution of decision of a competent authority”. Discuss how fur this is relevant to ensure compliance of international law. Also discuss the provisions for such measures under charter of 10 Marks 4. “The United Nations Convention on the Law of the Sea (UNCLOS) has designated rights and responsibilities to all States party to the convention in the various maritime zones that mey be claimed by such a State”. Considering this, discuss the rights and duties of coastal and other states under UNCLOS for the various maritime zones. Support your answer with adequate case laws, 10 Marks 5. “Apology is an acknowledgment expressing regret or asking pardon for a fault or offense”. In light of this, discuss the role of apology as a remedy under State Responsibility. Also discuss major case Jaws indicating genuine and non genuine instances of apology. 10 Marks Page 1 of 2&. “People are bon with human rights. Some say that it exists right from birth to death. However, this is not completely true as certain rights exists even before birth and after death”. In light of this statement, discuss the debate on pro life and pro choice. Also state how the authorities have been shrugging off their responsibilities in creating @ false binary between ICCPR and ICESCR. 10 Marks % “Countries consider themselves bound by certain legal obligations only if they are Parties to a particular conventions. However, this has been done away with the Tecognition of customary international law”. In view of this, discuss the importance ee intemational custom as a source of law. Support your answer with relevant case laws. : 10 Marks XC What is the practice of harmonious construction with reference to relationship between municipal law and intemational law? Discuss the practice of United Kingdom, USA and India in this regard. 10 Marks 9. “Traditionally the concept of State was considered as sacrosanct and as the primary subject of international law. However, with time certain derivative subjects have also acquired space”, In light of this, discuss the subjects of international law with adequate illustrations and case laws. 10 Marks 10. Answer any two of the following: 4. Circumstances precluding State responsibility ‘x. Legality of international law ¢. Common heritage of mankind 4. ixole of special rapporteurs nonged 545 Marks Page 2 of 2C08B2013126093, ecu CENTRAL UNIVERSITY OF SOUTH BIHAR SCHOOL OF LAW AND GOVERNANCE End Term Examinations, 2021-2022 (April-May 2022) Semester: IV Session: 2021-22 Programme: B.ALL.B (Hons) Maximum Marks: 70 Marks Course Code: BALAW4004C04 Course Title: IoS and Legislative Principles Duration: 3 Hours Instructions: Question number One is Compulsory. Attempt total seven questions. AU questions carry equal marks QUE: a). Reading down construction intends to avoid the head on clash between the two seeming conflicting provisions of the statutes. In the lights of the judicial trends and precedents examine the scope of the rule relating to harmonious construction in India, Is it necessary to follow the principles in each and every situation or the principle provides otherwise options? 8 27}. What do you mean by the Ut Res Magis Valeat Quam Pareat? Does it permit court to re~ legislate the statute to cover what ought to be? Whether doctrine of casus omission is permitted under this doctrine. {5} Q.2ers), The Street Offences Act, 1960 was passed to clean up the streets to enable people to walk along the streets without being molested or solicited by prostitutes. Section 1 of the Act provided that “it shall be an offence for common prostitute to loiter of solicit in a street or public place for the purposes of prostitution”. Section 2 provided punishment of imprisonment up to two years for anyone found guilty under section lof the Act. Miss Rekha Bhardwaj A lady aged 25 was residing in Nahafgath, Delhi, and she was involved in escorting and beauty parlour services. She used to solicit her customer by making gestures from her balcony. Resident of the area and welfare society filed an FIR aga alleging that her conduct is causing difficulty and due to her practice goons have started standing near her house and it is obstructing the movement of the residents. Police of the area arrested her and a charge sheet was filed against her under the Street offence Act, Decide. [5] } Explain the reasons for the evolution of doctrine of pith and substance. Also discuss the ‘notion and scope of this doctrine, Whether this doctrine is applicable in case of obligation arising out of treaty signed by India which has direct bearing on the state lists enumerated in the seventh Schedule of the Indian Constitution, 15] Q.3.a). What do you mean by the term Pari Materia’? What are the conditions precedent for the application of Pari Materia as an Extemal Aid to Construction? Identify the causes of application of Pari Materia statutes in interpretation of same subject which forming pant of same subject matter. h).’Mr. Chand Mohammed converted himself in Hindu religion and married with Shruti Negpal # Hindu Girl by Hindu Rituals. He had concealed the fact that he is already married¢ firct and left the house of Chand f the Code of Criminal Procedure ly Shruti came to know thi! petitioner was performed as with Huma Firdos. Subsequent 0 Mohemmed and claimed maintenance under Section 125 of 1973, The husband contended that his second marriage with the petiiones “ON AT ger per the Hindu rites during subsistence of his first marriage and therefore It WME To Hindi Marriage Act. 1955 and therefore second wife is not entitled to mainte’ et was not his legally wedded wife. Meanwhile Chand Mohammed again conver Toy Muslim, Whether not revealing the facts that Mr. Chand is Muslim and already HESS 9 affect the claim of Ms. Shruti Nagpal? In the } ht of decided cases explain whether atl ; i e] le able for available under void marriage or not. Also examine the scope of relevant rule applic: the instant case. [5] Put, Ltd, is a leading Manufacturer of Solar plates and it specializes in installation of Solar Park, It later on sold business to German based Ritia'S3 ie Powers Lid. The agreement between the parties was that Raghupati Solar Industry will nol open any branch in India or outside anywhere. Neither it would sell its technology er provide assistance to any others investor in opening of solar Company for a period of 25 years. A case was filed by the Dakin Solar Powers before the CCI that this contract is anti-competitive and against the principle of Contract Law. Decide whether the doctrine of severability is contract or not. What would be proper construction of the contract in between s of severability in QA), Raghupati Solar Industry applicabl the two parties in the instant proposition? Compare the principle c constitution with the contract. Also analyze the Cooley's Constitutional Interpretation, 5] % “The clauses of a statute should be construed with reference to the context vis the other provisions so as to make a consistent enactment of the whole statute relating to the subject- matter. The rule of Ex Visceribus Actus should be resorted to in a situation of this nature.” How far do you agree with the above statement? In the light of decided cases answer whether we can use dictionary meaning of the term ‘Ivory’ over and above the statutes despite the fact that the object of the legislation is restricted? Explain. Identify the circumstances in which a judge is not bound to follow the principles stated above and he may decide in disregard of any provisions of the statute, (0) Q..6-4). “IL is the duty of all the Judges is always to make such construction as shall suppress thé" mischief, and advocate the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro private commando, and to add force and life to the cure and remedy, according {o the true intent of the makers of the Act, pro boro publico” In the light of above statement examine the nature and scope of the mischief rule of interpretation. How far this rule has evolved to make it more effective and dynamic to adjust the organic nature of the legislations with regard to technological transformations. [5] b. In the light of S. P. Gupta v. Union of india, analyse the scope of Marginal Notes as an extermal aid to Construction, Did you find any difference of judicial approach with regard to marginal notes of the constitution of India and other statutes as an Extemal Aid 10 n? vis . 7, “Its the treaty which isto be interpreted; it is the terms whose ordinary meaning is to be the starting point, their context moderating selection of that meaning, and the process being further illuminated by the treaty’s object and purpose.” Elucidate the general principles of Treaty Interpretation in reference to Vienna Conventions of Treaty Law, Whether Tie of as a whole is applicable in treaty construction? Do courts apply teleological rule in treatyconstraction when parties were ANAWEr wit fet the eariginel am the televay rage nt Case Dey Qy7ay. Sometines, it p > app! sbviou intention of the fepintay hol 4 Menificance of Golde: Slavia. Wether the contention of DA »). Discuss the scope of am Soustruction and interpretat ember of negoti Pears to the cow that 4 1 Ray defeat the pe a nreasonatie resyit ” De ce & wholly x Rule of Interpr x of M Fentiah y under 5. 320 is reasonable ° biguity under the rule of interpretation. Also di ion ts] tinguith between 83] QA. “The purpose of strict Construction was to mitipate the rigour of such har nd sweeping condemnations.” How far do you agree with the above statem of the judgement of the Hon'ble Supreme Cour of India in Aneeia Hada v, MIS Godtather Travel & Tours, (2012) 5 SCC 661, discuss the scope and limitations of applicability of Principles of strict construction in reference to penal statutes, Ho} Q. We w). “When draft of the Con stitution was prepared, it was impossible for them to anticipate every individual ease that Would come to rely on it. Therefore, by including the Necessary and Proper Clause, the courts have eovered their bases insofar as Rovernment to act as it sees fit, within reason. Th doctrine of implied powers when creating and passing new laws scope of the Doctrine of Implicd powers in respect Constitutions) Interpretation in reference ip Ruano tex aliguid concedit concedere videtur et illud sine quo res pea ease nay potest. Is iCapplicable to procedural or substantive laws? 13] it is not an operating part, What do you principles with regard to application and Hute in interpretation of the statute, Substantiate sour 15] allowing the at is why the government often relies on the Critically examine the }). “Preamble of the statute is the part thereof bi ean by the above statement? Discuss the existing significance of the preamble of the st answer with the relevant easesCENTRAL UNIVERSITY OF SOUTH BIHAR SCHOOL OF LAW AND GOVERNANCE minations, Aprils May 2022 ume: B.A-LL.B Hons.) Course Code: BALAW4005C04 Course Duration/Time: 3 Hours m Marks: 70 Marks Administrative Law Instructions: Question number one is compulsory, Attempt total seven questions. All questions carry equal marks, AC Rules of natural justice require that a party should have the opportunity of adducing all relevant evidence on which he relies, that the evidence of the opponent should be taken in his presence and that he should be given the opportunity of cross examining the witness, examined by the party and that no materials should be relied on against him without his being given an opportunity of examining them.” Discuss. 10 Marks 2<“The reasons are harbinger between the minds of maker of the order to the controversy in question and the decisions or conclusions arrived at. They also exclude the chance to reach arbitrary, whimsical or capricious decision or conclusion. ‘The reasons assure an inbuilt support to the conclusion or decision reached. When an order affects the right of a citizen or a person irrespective of the fact whether it is a quasi-judicial or administrative order and unless the rule expressly or by necessary implication excludes recording of reasons, it is implicit that the principles of natural justice or fair-play require recording of germane and precise relevant reasons as a part of fair procedure.” Discuss, 10 Marks Though the normal rule is that a person who is affeeted by administrative action is entitled to claim natural justice, that requirement may be excluded under certain exceptional circumstances. Enumerate that circumstances in detail with case laws. 10 Marks _A®Itis not possible for the parliament to exercise effective control over delegated legislation, Therefore certain procedural safeguards have been provided which are relevant to keep constant watch over the exercise of his power by administrative authorities.” In the light of above statement discuss Procedural control of delegated legislation in detail. 10 Marks The term delegated legislation is difficult to define. However, even if defined, it is equally difficult to determine with certainty the scope of such delegated legislation. In the above context discuss delegated legislation its meaning, growth and reasons in detail. 10 Marks,6. Who may apply for writ of Mandamus and what are the grounds of the writ of Mandamus? Discuss in detail with the help of relevant case laws. 10 Marks 7. “Both the writs of prohibition and certiorari have for their object the restraining of inferior courts from exceeding their jurisdiction and they could be issued not merely to courts but to authorities exercising judicial or quasi-judicial function.” In the light of above lines enumerate the distinction between writ of certiorari and prohibition and discuss writ of prohibition in detail. 10 Marks 8. Discuss doctrine of pleasure and procedural safeguards in it, citing various case laws. 10 Marks 7% X was a candidate for the selection of some posts in the Indian Forest Service. A special selection board was constituted under Regulation 3 of the Indian Forest service( Initial Recruitment) Regulation,1996 framed under Rule 3 of the Indian Forest Service(Recruitment) Rules, 1966. One member of the Board was himself a candidate for selection. Though he did not take part throughout while making selections of other candidates including his rival candidates. X contended that the selection list prepared by such board is vitiated and final recommendation made by UPSC on its basis must also be vitiated. Decide wit suitable judicial decisions. 10 Marks _0-Write short notes on the followings: ‘) Difference between tribunals and courts b) Characteristic features of Druit ddministratis. 10 Marks tenee08820121 26093 Central University of South Bihar Department of Political Studies End Term Examination Session 2021-22 Semester- IV Program: B.A LLB Maximum Points: 70 Course Title: Indian Political Thought ‘Three Hours CourseCode — BALAW4006C04 Instructions: The Question Paper has Thre Sections. Follow the instructions given in each Section, TION A Discuss/Describe/Answer all the following fifteen (15) terms/questions in not more than 50 words each. ais Q:1) Idea of Justice according to “Manu” Q.2) Vedantic Philosophy Q.3) Spiritual wisdom Q.4) Internationalism: Tagore QS) Trusteeship 6) Unmasking Marxism OA) Matsyanyaya ‘) Idea of state in ancient India Q.9) State: Idealism vs. Pragmatism Q:10) Concept of freedom: M.N Roy Q.11) Utopian socialism Q22) Revolution according to Savarkar 43) Sir Syed Ahmad Khan's views on Politics 44) Radical Humanism Qa) Citizenship: Ambedkar ON B [Points: 15X2=30]Answer any four (4) of the following questions in not more than 200 words ach, [Points: 4X5=20} 216) Identify the key sources to study the polities in Ancient India. QT7) “Break the Tradition, insure the justice”. Discuss Raja Ram Mohan Roy's Political ideas with reference to this statement. Q.18) Discuss the concept of state in ancient Indian political thinking. Q.)9) “Value determines the king’s character”. Examine the duties of king in the on of Manu and Kautilya with reference to this statement. ) Q.76) Discuss the concept of Hindutva in V D Savarkar’s political philosophy, SECTION C Answer any two of the following questions in not more than 500 words each, [Points: 2X10=20] J Critically examine the idea of total revolution in Jaya Prakash Narayan’s political thoughts. Q.22) “Morality is a heart of Indian Political ‘Thought’. F Indian political tradition with respect to this statement. ) Discuss the relevance of M K Gandhi’s idea of truth and non-violence in Contemporary times. Explain the features of -End of question-