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GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, MARGAO,GOA LL.B. DEGREE SEM III ADMINISTRATIVE LAW OCT 2012, APRIL 2012, OCT 2011, APRIL 2011, Oct 2010, APRIL 2010, Oct 2009, APRIL 2009, Oct 2008, April 2008, OCT 2007, APRIL 2007, Oct 2006, APRIL 2006, OCT 2005, APRIL 2005, April 2005 (Old), 2004 (April) (Old), 2002 (Old), 2001 (Old), 2001 (Old), Oct 2000 (Old), April 2000 (Old), 1999 (Old),

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Page 1: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, MARGAO,GOA

LL.B. DEGREE SEM III ADMINISTRATIVE LAW

OCT 2012,

APRIL 2012, OCT 2011,

APRIL 2011, Oct 2010,

APRIL 2010, Oct 2009,

APRIL 2009, Oct 2008,

April 2008, OCT 2007,

APRIL 2007, Oct 2006,

APRIL 2006, OCT 2005,

APRIL 2005, April 2005 (Old),

2004 (April) (Old), 2002 (Old), 2001 (Old), 2001 (Old),

Oct 2000 (Old), April 2000 (Old),

1999 (Old),

Page 2: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

11101111111111111111111 TNV-93

LL.B. (Degree) (Semester- II ~~~iJttO

ADMINISTRATIVE

Duration : 3 Hours Max. Marks : 1 00

Instructions: Answer any ten questions. Each question carries 10 marks.

Substantiate your answers with relevant case laws. '

1. Define Administrative Law. Explain the scope of Administrative Law and the

reasons for the growth of Administrative Law. 10

2. Explain with suitable case law, the judicial control over delegated legislation in

India. 10

3. Distinguish quasi -legislative action from quasi judicial and administrative action.

Highlight the significance and practical importance of classification of

administrative action. 10

4. Comment on the relevance of the principles of natural justice and enumerate the

different kinds of bias, with illustrative case law. 10

5. Discuss the various problems faced by administrative adjudication in India. Supply

suitable suggestions. 10

6. Examine the various grounds for judicial review to avoid abuse of discretion by

administrative authorities. 10

7. Explain the jurisdiction of the Supreme Court to grant special leave to appeal, -

with SJ:>ecial reference to 'tribunals'. 10

8. Analyze critically the extent of promissory estoppel in India. Substantiate your

answers with landmark case law. 10

9. E?<amine critically the liability of the government in tort and in contract in India. 10

P.T.O.

Page 3: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

TNY-93 · 1111111 m1111 111111m111111111

10. Enumerate the characteristics and significance of public undertakings in India

and analyze the various control mechanisms over public undertakings. 10

11. Discuss the various private law remedies available against the administration. 10

12. Explain the privileges available to the government in legal proceedings, with

special focus on privilege to withhold documents. 10

13. Explain the various Parliamentary and Procedural Control mechanisms over

Delegated Legislation in India. 10

14. Write notes on: 10

a) Right to Information in India.

b) Ombudsman and the emerging Lokpal.

Page 4: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

I ~11111111 U II~ IIIII III TNV -16

LL.B. (Degree) (Sem. - Ill) Examination, April 2012 ADMINISTRATIVE LAW

Duration : 3 Hours Total Marks : 1 00

Instructions : 1) Q. No. 9 is compulsory. 2) Answer any five from Q. No. 1 to 8.

1. Explain rule of law, separation of powers and their impact on Administrative law in UK, USA and India. 15

2. Analyse the grounds of judicial review over administrative discretion at the stage of conferring discretion. Substantiate with suitable case law. 15

3. Discuss on judicial control over delegated legislation. 15

4. What is the significance of classification of administrative action ? Distinguish quasi legislative action from quasi judicial action and administrative action. 15

5. Examine·the reasons for the growth of public undertakings in India and explain the different controls over statutory corporation. 15

6. Explain the rule of 'audi alteram partem' and enumerate the contents of a fair hearing. Supplement your answer with relevant case law. 15

7. Analyse critically with the help of landmark case laws the applicability of promissory estoppel against the administration in India. 15

8. Examine and provide suggestions on : 15

a) Liability of the Government in torts in India

b) Governmental Liability in Contract.

9. Write short notes on any five : 25 a) Meaning of 'tribunal' under Art. 136

b) Statutory Tribunal

c) Ombudsman

d) No evidence rule

e) Statutory notice

f) Right to information

g) Departmental Bias.

Page 5: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

~. Mil"\ ~.[!€.~~~·:: <:> V. '/. \~ \~\·\

(Page ~·t MARGAO-GOA )£: /i 08 * l.IBR ;:.;;;-~~ ·;::;; ~· !. [Total No. of Questions: 9] ~

B- 448 TNY -91

LL.B. (Degree) (Semester- III) Examma IOn, October- 2011 ADMINISTRATIVE LAW

Duration : 3 Hours

Instructions : 1) 2)

Total Marks: 100

Q.No. 9 is compulsory. Answer any jive from Q. Nos. 1 to 8.

Ql) Define Administrative Law and explain the reasons for the growth of Administrative Law and its scope in controlling exercise of power by the government. [15]

Q2) \Vhat is Delegated Legislation? Explain the Parliamentary and Procedural control over delegated legislation. [15]

Q3) Enumerate the grounds of judicial review of administrative discretion at the stage of exercise of discretion. (15]

Q4) What is meant by rule against bias? Discuss the different types of bias and the tests of bias. [15]

Q5) Discuss the various problems of administrative adjudication in India. Provide suitable suggestions. [15]

Q6) Analyse critically how far Promissory Estoppel binds the government in India. Substantiate with relevant case law. [15}

Q7) Explain the significance of classification of administrative action and analyse the characteristics of a quasi -legislative action and how it differs from quasi- judicial and administrative action. [15]

Q8) Explain the scope of Special Leave to Appeal to the Supreme Court under Article 136 of the Constitution in correcting quasi judicial errors. Also compare Article 136 with A.rticles 32 and 226. [15]

Q9) Write short notes on any five: a) Privilege to withhold documents. b) Ombudsman. c) Henry VIII Clause d) Reasoned Decisions. e) Injunction t) Characteristics of Public Sector Undertakings. g) Contractual Liability of the State .

••••

[25]

Page 6: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

G-191 . ~ [Total No. of Questions: 9) ,

LL.B. (Degree) (Semester- III) Examination, ApriVMay 2011 ADMINISTRATIVE LAW

Duration: 3 Hours Total Marks: 100

Instructions: 1) Answer any five questions from Q. No. 1 to 8.

2) Question No. 9 is compulsory.

QJ) Define Administrative Law and explain the impact of doctrine of separation of powers on the grov.th of Administrative Law in U.S.A. as well as in India.(15)

Q2) Discuss on the immunities of the admmistratlon m legal proceedmgs, With special reference to Promissory Estoppel Substantiate your answer with landmark cases. (15)

QJ) Explam w1th suitable case law, the constitutiOnality of delegated legislation m India. (15]

Q4) Explain judicial review over administrative discretion at the stage of conferring discretion. (15]

Q5) Explain the significance of classification of administrative action and analyse the characteristics of a quasi-legislative action and how it differs from quasi­judicial and adrnirustrative action. (15]

Q6) Explain the importance and types ofpubhc undertakings. Analyse the various modes of control over public undertakings. (15]

Q7) Analyse critically the liability of the govemment in tort and contract. (15]

Q8) Explain the extent and scope of Special Leave to Appeal to the Supreme Court under Article 136 of the Constitution in correcting quasi judicial errors. Also compare Article 136 with Articles 32 and 226. (15)

P.T.O.

i

Page 7: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

r G-191 - 2- TNY -91 Q9) Write Short notes on any five : (25)

a) Rule against Bias.

b) No evidence Rule.

c) Laying before the Houses.

d) Right to infonnation.

e) Declaration

f) Statutory Notice.

g) Ombudsman

•••

Page 8: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

----111111111 m1111111m 1111111111 TNY- 91

LL.B. (Degree) (Semester- Ill) Examination, October 2010 ADMINISTRATIVE LAW

Duration : 3 Hours Max. Marks : 100

Instructions : 1) Answer any 5 questions from Questions No. 1 to 8.

2) Question No. 9 is compulsory.

1. What is Adininistrative Law? Discuss on the impact of Rule of Law in England and

in India.

2. Analyse critically the effectiveness of parliamentary and procedural control over

15

delegated legislation. 15

3. Discuss with relevant case law, the judicial control over adrninistrati ve discretion at

the stage of exercise of discretion. 15

4. Classifying administrative action into quasi legislative, quasi judicial and administrative

is difficult in theory and impossible in pracbce- Explain with special reference to

the significance of classification of administrative action.

5. Explain the characteristics of public undertakings and discuss the various control

mechanisms over public undertakings.

6. Explain the significance of the principles of natural justice. Enumerate the

15

15

components of a fair hearing. 15

7. Examine the problems of administrative adjudication and provide suggestions for

rectifying the same. 15

8. Explain with suitable case laws, the grounds for issuing the writs of certiorari and

prohibition and against whom can it be issued. 15

P.T.O.

Page 9: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

-TNY- 91 IIIUIIIIIIIIUIIUI

9. Write short notes on any five: 25

a) Henry VITI clause

b) Right to know

c) Privilege to withhold documents

d) Tortious Liability of the state

e) Injunction

f) Ombudsman

g) Promissory Estoppel.

Page 10: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

.....-"~ ~.,;:-c;r--.

"';\__-A'\_ . ;,T'" --- v(f...'-0(:.'\·

lllllllllmlllllllllllllllllllllll \ ::;_ MAR GAO-GOA " ~ ~l;;? V. V. M's ~\,

~0.? ·i;'"i1 TNY- 91 ~7

LL.B. (Degree) (Sem. - III) Examination, April2010

ADMINISTRATIVE LAW

Duration : 3 Hours Total Marks : 100

Instructions : i) Answer any 5 questions from Q. 1 to Q. 8.

ii) Q. No. 9 is compulsory.

1. Write notes on : 15

a) Rule oflaw

b) Droit Administratif

c) Growth of administrative law in India.

2. Discuss the permissible limits of delegation oflegislative powers with special reference to the Delhi Laws case. 15

3. 'Even if an authority is not acting in a Quasi judicial capacity, it still must act fairly ' - Elucidate. 15

4. Discuss:

a) Post decisional hearing

b) Institutional decision. 15

5. What are the exceptions to the principles of natural justice ? 15

6. 'Estoppel against the Government is a rule rather than exception' - Comment. 15

7. a) How far is the state bound by a statute? 15

b) Discuss judicial control over public undertakings.

8. Discuss the principles of (a) laches (b) locus standi and resjudicate in writ jurisdiction. 15

P.T.O.

Page 11: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

rNY""" 91

9. Write short notes on any five of the following : ~

a) Reasoned decision

b) Special leave petition to Supreme Court

c) Tortions liability of state

d) Personal bias

e) Ombudsman

f) Govt privilege not to produce documents

g) Effect of failure of natural justice.

IIII~IIIIIHII~RIII~Uii <>..

25

Page 12: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

TNY -91

LL.B. Degree (Semester - 111) Examination, October 2009 ADMINISTRATIVE LAW

Duration : 3 Hours Total Marks : 100

Instruction : Answer any 5 questions from Q. I to Q. 8. Q.No.9iscompuhory.

1. Why is administrative law characterised as the most outstanding legal development ofthetwentiethcentury? 15

2. 'Indian legislature cannot delegate unrestrained and uncanalised legislative power

on an administrative body' -Comment. 15

3. What are the components of fair learning? 15

4. To what extent are adjudicatory bodies obligated to give reasons for their decisions? 15

5. How does writ jurisdiction occupy key position in the scheme of administrative law? 15

6. Why is it said that present day judicial tendency appears to be more towards applying the doctrine of promissory estoppel to the administration ? Discuss the 'Motilal Padanpat Sugar Mills V/s O.U.P. 15

7. Discuss recent developments dealing with tortions liability of the Government. 15

8. To what extent is a Government contract not in conformity with Act 299( 1) enforceable ? Can an invalid contract be ratified? 15

9. Write short notes : 25

a) Rule oflaw

c) 'State not sound by statute'

e) Ombudsman

g) Personal bias

b) Appeal by spl. leave under Act 136

d) Theory of separation of powers

f) Distinct personality of a corporation

h) Droit administratif

Page 13: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

IIIIIIIIIIIIIIUmmllllllllllllll TNY - 91

LL.B. (Degree) (Semester- III) Examination, April2009

ADMINISTRATIVE LAW .

Duration : 3 Hours Total Marks : 100

Instructions: 1) Answer any 5 questions from Questions No. I to 8.

2) Question No. 9 is compulsory.

(5x15=75)

1. What is Administrative law? Analyse the applicability ofrule of law and its impact on Administrative Law in England and in India. 15

2. Discuss the problems of administrative adjudication and provide suggestions for rectifying the same. 15

3. Discuss with suitable case law, judicial control over delegated legislation. 15

4. Analyse critically the liability of the government in tort and contract. 15

5. Explain with the help of case laws, the various components of fair hearing. 15

6. Even though classifying administrative action into quasi legislative, quasi judicial and administrative is difficult in theory and impossible in practice, classification is essential-Analyse critically with suitable case law. 15

7. Explain the extent and scope of special leave to appeal to the Supreme Court under Article 136 of the Constitution in correcting quasi judicial errors. Also compare Article 136 withArticles-32 and 226. 15

8. Explain judi cia! review over administrative discretion at the stage of conferring discretion. 15

P.T.O.

Page 14: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

TNY- 91

9. Write short notes on any five :

a) Injunction

b) Privilege to withhold documents

c) Rightto information

d) Growth 0:(Public Undertakings

e) Henry VIII Clause

.f) Ombudsman

g) Departmental Bias

h) Laying before the Houses.

)\, / \

/ \ /

llllmiiiiiiiHIImllllllllllllll

(5x5=25)

Page 15: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

\ 1 ~lmlll!lllllrull Rill u1 ~n TNY- 91

LL.B. (Degree) (Semester - Ill) Examination, Oct. 2008 ADMINISTRATIVE LAW

-¥ Duration : 3 Hours Max. Marks : 100

Instructions: 1) Answer any 5 questions from questions No. 1 to 8. 2) Question No. 9 is compulsory. (5x15=75)

I. Define Administrative Law. Discuss the reasons for the growth of Administrative

Law pointing out its scope in controlling governmental exercise of power. (15)

2. Explain the characteristics of public undertakings and discuss the various control

mechanisms over Public Undertakings. (15)

3. Analyse critically the effectiveness of parliamentary and procedural control over

delegated legislation. (15)

4 . Discuss on the immunities oftht?,administration in legal proceedings, with special

reference to promissory Estoppel. Substantiate your answer with landmark cases. (15)

5. What is meant by 'Rule against bias' ? Explain with the help of case laws, the

various types of Bias. (15)

6. Discuss the grounds on which judiciary controls abuse of discretion by

administrative authorities.

7. Explain the significance of classification of administrative action and analyse the characteristics of a quasi-legislative action and how it differs from quasi-judicial

(15)

and administrative action. (15)

8. Explain with the help of case laws, the grounds for issuing the writs of certiorari

and prohibition and against whom cari it be issued. (15)

9. A write short notes on any five : (5x5=25) a) No Evidence Rule b) Ombudsman

c) Reasoned Decision d) Liability of the government in tort

e) Tribunal under Art. 136.

f) Excessive Delegation g) Rule of I .11w h) Injunction.

Page 16: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

11111111111111111111111111111111111

LL.B. (Degree) (Semester - ·In) Examination, 2008 ADMINISTRATIVE LAW

TNY -91

Duration : 3~.Hours Total Marks : 100

Instructions: 1) Q. No. 10 is compulsory. · 2) Answer any stXfrom Q. Nos. 1 to 9.

1. The study of administrative law in every country is important. Discuss with reference to. the special significance of administrative Jaw for India, highl ighting the factors which Jed to the growth of this branch of public Jaw. · 15

2. Explain the grounds of judicial control over delegated legislation with special reference to the permissible limits of the Constitution within which law making power can be delegated. 15

3. 'The administration is the meeting point of the three types of governmental functions, namely, Legislative, Administrative and Judicial'- Analyse the significance as well as the difficulty in classifying admin_jstrative action. 15

4. What is meant by 'Rule against bias' ? Enumerate the different types of bias with the help of suitable case law. 15

5. Explain with the help of suitable case law, the vario~s grounds on which judiciary exercises control over abuse of discretionary powers by administrative authorities. 15

6. a) Explain briefly the scope of Special Leave Appeal onder Art. 136 of the Constitution.

b) Injunction and Declaration as Private Law remedy available against the administration. 15

7. Analyse critically with the help of landmark case laws the applicability of promissory estoppel agaillit the administration in India. 15

8. Examine the reasons for the growth of Public Undertakings in India and explain the different controls over Statutory Corporation. 15

9. Examine and provide suggestions on : 15

a) Liability of the Government in, torts in India b) Governmental Liability in Contract.

10. Write short notes (any two) : 10 a) Ombudsman b) Statutory Tribunal c) Reasoned Decision d) Right to Information. ·

Page 17: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

TNY -91

LL.B. (Degree) (Semester- Ill) Examination, October 2007 ADMINISTRATIVE LAW (Paper- 3)

Duration : 3 Hours Max. Mar~s: I 00

Instructions: 1) Question No. 10 is compulsory. 2) Answer any six from Q. Nos. 1 to 9.

I . If the "rule of law" hampered the recognition of administrative law in England, the "separation of powers" had an intimate connection on the growth of administrative law in the United States. Analyse and also comment on the applicability of these concepts in India. 15

2. Explain the various Parliamentary and Procedural Control mechanisms over Delegated Legislation in India. 15

3. Distinguish between quasi-legislative, quasi - judicial and administrative action and point out the reasons for the significance of such a classification, in spite of the difficulty in drawing a distinct line between these actions of the government. 15

4. Explain in brief the principles of natural justice and discuss in detail the various exceptions to the rule of natural justice. Support your answer 'with suitable case law. 15

5. Discuss briefly the importance of admmistrative adjudication and explain the. problems of administrative adjudication. 15

6. 'A discretionary power is not completely discretionary in the sense of being entirely uncontrolled' . Discuss the various grounds on which judicially controls the exercise of administrative discretion. 15

7. Explain: IS

a) Writ of Certiorari.

b) Injunction and Declaration.

8. Discuss in brief with suitable case law: 15

a) Promissory Estoppel.

b) Privilege to withhold documents.

9. 'With the passing of Right to [nformation Act, 2005, the normal rule in the Government of India is openness and Official Secrecy has become an exception'. Analyse. 15

I 0. Write short notes (any two): 10 a) Departmental Bias. b) Government Contract. c) Central Vigilance Commission. d) Statutory Corporation.

Page 18: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

TNY -91

LL.B. (Degree) (Sem. - III) Examination, 2007 ADMINISTRATIVE LAW

Duration : 3 Hours Total Marks: 100

Instructions: 1) Q. No. 10 is compulsory. 2) Answer any six from Q. Nos. 1 to 9.

1 . 'The rapid growth of administrative law in modern times is the direct result of growth of administrative powers and functions' -Discuss. 15

2. What are the various factors that led to the growth of delegated legislation ? 15

3. 'Hearing is now insisted upon in a wide variety of administrative proceedings' -discuss the statement w.r.t. Maneka Gandhi v/s U.O.L 15

4. 'Reasoned judgement' is fast developing into a important principle of administrative adjudication - Comment with case law. 15

5. Writs of certiorari and prohibition are designed to prevent the excess of power by public authorities - Elaborate. 15

6. Explain:

a) High Court's power of superintendence over tribunals. 15

b) Special leave to appeal to Supreme Court. '¢'

7. What are judicial remedies which are essentially private law remedies, pressed into service in the area of public law by way of suits? 15

8. Motilal Padampat Sugar Mills v/s U.P. set a judicial tendency more towards applying the doctrine of promissory Estoppel in India. 15

9. a) To what extent is the Government liable on a contract not in conformity with Art 299(1) ? 15

b) IS the Government liable to compensate citizens for loss of life or property resulting from an action of law and order ? - Detail out why.

10. Write short notes (any two) :

a) Delhi Laws Case

b) Personal bias

c) Growth of public sector undertakings

d) Ombudsman.

10

Page 19: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

MAH-91

LL.B. Degree (Sem. - Dl) Examination, October 2006 ADMINISTRATIVE LAW

Duration : 3 Hours Total Marks: 100

Instructions: 1) Q. No. 10 is compulsory. 2) Answer any six from Q. No. I to Q. No. 9.

1. 'Administrative law adjusts the relationship between the government and the governed so that a proper balance may be evolved between private interest and public interest' - Comment. 15

2. 'Rule of Jaw and the theory of separation of powers stultified the growth of administrative law' - Discuss. · 15

3. Discuss the factors leading to the growth of delegated legislation. What is skeleton legislation ? 15

4. Discuss the contribution of Maneka Gandhi v/s U.O.I. to growth of principle of fair hearing. 15

5. To what extent the rule of Bias applies to adjudicatory bodies ? What are the kinds of Bias? · 15

6. Discuss the scope of Art 32 and Art 226 in controlling the administration and giving relief to citizens. 15

7 . Detail out government privileges in legal proceedings. 15

8. 'State of Rajasthan vs Vidyawathi has re-examined the question of tortious liability of the government. Comment. 15

9. To what extent is Government liable under a contract which is not in conformity with Art 299 (1) of the Constitution of India. 15

10. Write short notes on any two of the following: 10

a) Special leave to appeal to the Supreme Court.

b) Ombudsman.

c) Distinct personality in public sector undertaking.

d) Institutional decision.

Page 20: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

LL.B. Degree (Semester - III) Examination, 2006 ADMINISTRATIVE LAW (New)

ASM-106

Duration : 3 Hours Total Marks : 100

Instructions : 1) Question No. 10 is compulsory. 2) Answer any six from the remaining.

1 . If Rule of law hampered the growth of Administrative Law in England, it was the Doctrine of Separation of Powers that slowed down the pace of Administrative Law in U.S.A. - Discuss. 15

2. Explain with suitable case laws, the judicial control mechanism over delegated legislation. 15

3. The difference between legislative, quasi-judicial and administrative functions is vanishing into an iJlusion- Discuss. 15

4. Analyse critically the liability of the Government in tort in India. l5

5. Write an essay on the components of fair hearing, with suitable case laws. 15

6. Non-exercise of discretion itself is a ground for .striking down administrative discretion - Discuss the various grounds evolved by the Courts to check non-exercise of discretion. 15

7. Analyse the judicial trend in respect of Promissory Estoppel in India. 15

8. Compare and contrast the writ jurisdiction of the Supreme Court under Art. 32 with that of the High Courts under Art. 226 of the Constitution. 15

9. Discuss the different control mechanisms over public undertakings. 15

10. Write short notes on any two : 10

a) No-evidence Rule

b) Ombudsman

c) Reasoned Decisions.

Page 21: GOA UNIVERSITY G.R. KARE COLLEGE OF LAW, …grkarelaw.yolasite.com/resources/Degree/D-III-Administrative_Law.pdfin UK, USA and India. 15 2. Analyse the grounds of judicial review over

LL.B.~EGREE) Setn. H! IC..!r&:mJnat .lC?n October 2005 AD~I:l'fi!!T11;f 1\IYJ~: LAV/

Time: 3 Hrs. Max. Marks: 100 -------------·----------·----- ---··--------------INSTRUCTIONS : 1. Question no.lO is compulsory. 2. Answer any sh from the rem.1in •. 1g.

Q.l. Analyse the r.e311ing ar·:l nature of .\dr~"~ in i :trdiv~ lcPv and th ~ factors which facilitated the growth of Admin;strati' ·e Law ir. l r din, J.K. ,'· U. S. •L (15)

Q.2. Since it is the legislatur{~ wh1ch de :•'gct~s k gl!' lati\. ~powe r to 1he administration , it is primarily for it to supe-r· ise and conrrol trJe a• tua e.\crc i5e ,)ft.-.ls pcwe -Analyse critically. (15)

Q.3. Ary attempt to draw a d'stinct line ::>ethee. lE lislath·e, quasi-. 1dicial and administrative functions is d1fficult in theory <~'l d i .npn ;sit•le in I rat·:ice - Discuss. (15)

Q.4. Explain the ·:haracteris( :s and inci .:en1s of a ~O\t}Tn'11ent ::on<ract and the liability of the Government in contract; in India. (15)

Q.5. w ·'lat is rule against bia~i? To ,.,.hat ext!nt does tl::e L ie against bias apply to adjudicatory bodies? (15)

Q.6. Discuss with suitable c~·:;e laws the var >US gro:..rds ~volved by the court in controlling abuse of administrati ~e discretio 1. (15)

Q.7. Analyse criti:a 'ly the a_pplicabi~it) vffromiss•)ry Estoppel in hdia. (15)

Q.8. n.e writs of~e"tiorari <md prohibi ,ion are de, igr,e j 1o prevent tLe excess of r:ower by public authorities-- Discuss. (15)

Q.9. Discuss the importance c'1arac ..er• tics mJ chssification of p1blic undertaking. (15)

Q. t'o. Write short notes on an} two: (10) (a) Injunction & Declaration (b) No-e\ idence rule (c) Cen:ral Vigilance Commis: io:t

== =~- \: xx X')( XX ===:-

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IJL . .B. ( Dej~ree) Smu ·-· J[]] E·x:amination Apri12005 Administrath, ·~ L BtW (NEW)

Time : 3 Hrs. l\1ax. Marks: 100

Instmctions: 1) Question ~o . 10 is C)rnpu.J >ory 2) Ansv•:::r any SLX from the r ::main ng

Q.l Define Administrative Law and ex:pl;,i.n it:s nature an:l scope in the Indian context. (15)

Q.2 What is bias? ~~:11-plam the dfferent fc n;:t:; in which il ,tfiects administrative decision (1 5)

Q.3 What is discreti;on? Explain the princ~ples cvolve:i r'j the courts to prevent abuse of (15) discretion.

Q.4 Discuss the problems o:fadmiristrati'·e adj tldicatmn. (15)

Q.5 Compare and contrast the !,cope ofwrit jurL :Hctio n n:f Supreme Court under Art. 32 (15) with that of High Cowt ur·der art. 22 6 ofth! constitu tion.

Q.6 Explain the grounds of judicia corttrul ov<~r dekgatfd legislation. (15)

Q. 7 Analys~ critically the nah1re and e:--:tent ·:If' tortuous 1 ability of the government in India. (15)

Q.8 Discuss the impmtancc, ct araGteri~:ti .:s and dassiJ:ic;nion of public undertaking. (15)

Q.9 Discuss classification of administnti .-e ac:tic·n and it~. relevance in connection with (15) applicability of naturaljmtice ptit:.cipl.es.

Q.IO Write short nows on any 'TWO (1 0)

a)Post decision.tl hearing.

b) Separation of power

c) Laying before the Hous;! .

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(nstructions: 1) Q No.7 is COID!JlUlsory.

LJL.B (:~ Yrs) SE:tl!i ··til Ji::xamju.at:ir.m ,A'f"~;~\ ~Ot\S Admin·istrat ive 1La¥t(Oid}

Sect it!IUL ..... a:

2) Answer any four from the: rem!iiillllht-g

Duration : 3 hrs Max. marks: 75

1. Define Administrative Law. State the main reasons f~::tr tb.e grm•.·th of Administrative la~ in India 8

2. What are the prc,blems of administrative adjudic:a.tion 8

3. Discuss tbe variollls stages of the nJ:e offair hemhg 8

4. Explain judicial review of aC:ministrativc di:;cretim at the stag~: of conferment of discretion 8

5. Distinguish between judicial, quasi-judicial and admilli s.trativ•~ .1ction 8

6. Explain judicial c;cntrol over d·~legated tegi ;lation 8

7. Write short notes on any two 6 a) Droit administratif b) Separation of pow,~rs c) Henry VHI Clause

Instructions: l) Q No. 14 is cornpulsory. 2) Answer any fou~ from tbf. remaining

8. Discuss the jurisdiction oftl1e Supreme Court tncier i\..:rt!d2 and J 36 8

9. Explain the requirements of a valid gov:;)rnr:lent c:cmt;:act Wbal!, is the contractual. liability of the government in India? · 8

10. Analyse the merits and derr_erits of public :.uter·etl·. litiga:lion 8

11. Explain the extent of imnu.:mi.ty from e:;;toppel t'njoy(~d by the ,guvernment in India 8

12. Discuss the necessity of public undert;;kings in Irdia e~nd explain the modes of control over statutory public undertakings· · 8

13. What are the diffe;rent private Ja·w rem:::dies nvaiiihie against the administration 8

14. Write short note:s on any two 5 a) Lokpal b) Writ of quo warranto c) Right to Know

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LL.B. DEGREE fSEM - Ill l EXA~liNA TI9N APRIL, 2004 ADMINISTRA TIYE LAW (OLD)

Time: 3 Hrs. Max.Marks: 75 INSTRUCTIONS:

1. 2.

Answer any FOllRfrom Q.No. 1 to 6. Q.No. 7 is compul'>ory.

SEC110N..::.-_L ( 4 X 8 = 32) Q.l. Explain Rule of Law and Separation of powers. Examine the effect of these

principles on development of Administrative Law.

Discuss various classifications cf delegated legislation. Q.2.

Q.3. Define and distirtgujsh betw•~en Administrative function and Quasi Judicial Function.

Q.4.

Q.5.

Q.6.

What is delegated legislation? Explain various Controls on such legislation.

Explain Rule against Bias.

Examine the merits and demerit:: of Administrative tribunals. ,,

Q.7. Write a short-not~ on any TWO. (a) Personal Bias.

(2x3.= 6)

(b) Driot Administratif[. (c) Speaking orders.

SEJ;.J1Q!J..:;: II INSTRUCTIONS:

1. Answer any FOUR/rom 8 to 13. 2. Q.No. 14 is compulsory.

( 4x 8 =32) Q.8. Explain Judrcial Control over ahlSe of discretion and Failure to exercise

discretion.

Q.9. Discuss the writ Jw:isdiction ofSupren:e Court and High Court.

Q.l 0. Explain the doctrine of promissory estoppel with the help of decided case iaw.

Q .11. When government is liable for the torts committed by it~; ser.·ants.

Q.12. Discuss various controls on Publ:c undertaking.

Q.l3. Discuss the concept of ombudsm m. Explain its relevance in India.

Q.14. Write a short note on any TWO. (2x2Yz=5) (a) Finality clause. (b) Central Vigilance Commis.sicn (c) Right to Know.

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RN-18

LL.B. (3 Years) (Semester- III) Examination, 2002 ADMINISTRATIVE LAW

Duration: 3 Hours Total Marks: 75

SECTION - I

Q. 1 is compulsory. Attempt any four of the remaining. (4x8=32)

1. Explain the importance and growth of Administrative Law in India.

OR

Explain and discuss the Dicey Concept of Administrative Law with reference to Rule ofLaw. ·

2. Briefly discuss any two:

a) Quasi-Legislative Action.

b) Quasi-JudicialAction.

c) Administrative Action.

3. Explain and discuss the Control Mechanism over delegated legislation.

4. Briefly discuss the Jurisdiction of Supreme Comt in the light of Public Law Review.

5. The basis of Social Action litigation is the gradualliberalisation of technical rule of locus standi. Discuss the gradual unfolding and its possible limits.

6. Union of injunction and declaration can completely replace technical writs. Discuss the relative merits of both system of review of administrative action.

7. Discuss the concept of state liability with reference to democratic and welfare state. Discuss the concept of democratic decency with reference to Maneka Gandhi case 1978 ISCC 248.

SECTION - 11

6

Q. 8 is compulsory. Answer any four of the remaining.

8. Discuss the characteristics and classification of Statutory Public Corporations.

(4x8=32)

5

OR

Discuss the Judicial Control over delegated legislation.

9. Discuss and explain the Institution of Ombudsman and Lokpal .

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RN-18 10. Briefly explain:

1) Administrative Service Tribunals.

2) Administrative Tribunals Act 1985.

11. Discuss the desirability of providing measures for protection of Civil Servants through the Constitutional Law of India.

12. Briefly explain any two:

a) Crown Proceedings Act 1947 (U.K.)

b) S~atutory Instruments Act 1946 in U.K.

c) Freedom oflnformation.

13. Write briefly on any two:

a) Domestic tribunals.

b) Problems of Administrative decision making.

c) Procedural control over delegated legislation.

14. Write in brief any two: Rules against or denying Natural justice.

a) Pecuniary bias.

b) Subject matter bias.

c) Personal bias.

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RPN-47

LL.B. (3 Years) Semester- Ill Examination, 2001 ADIMINISTRATIVE LAW

Time: 3 H.ours Max. Marks: 75

Instruction: Answer section -I and II separately.

SECTION -I

I Write short notes on any two: (2><3 = 6)

1) Henry VIII clause

2) Finality clause 3) Droit-Administrative.

n. Answer any four: (8 each) l) Administrative law is the law relating to administration, it determines the organisation,

powers, duties of Administrative Action ..... Explain. 2) Evaluate the scope and extent of doctrine of separation of powers and its applicability

in India.

3) Defme and di~tinguish between Judicial and Quasi Judicial functions. . _

4) Examine the Judicial control over delegated legislation. 5) Identify the areas in which application of rules of Natural Justice may be excluded.

SECTION-ll

III Write·shortnotes(anytwo):

1) Ombudsman.

2) Speaking orders.

3) Habeus Corpus.

5

N. Answer any four : (8 each)

1) How far government is liable for the tortious act of its servants in discharging sovereign functions?

2) Discuss the binding force of Promissory Estoppel on Administrative Agencies?

3) Explain the Judicial review on Administrative Discretion. 4) What are the pennissible limits of delegated legislation? Whether the power of

imposing tax can be delegated to executive? 5) Explaining the grounds of issuing writ of Mandamus, whether mandamus can be

issued to enforCe contractual liability? · 6) Explain government and parliamentary control over statutory corporaMns .

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RPN -109

LL.B. (3 Years) Semester III E,;amination, 2001 ADMINISTRATIVE LAW

Duration : 3 Hours

SECTION -I

Answer Q. 1 and any four (remaining out of sec. I).

1. Write critically any two:

1) Doctrine of separation of powers 3) Ombudsman

2) Rule of Law 4) Speaking orders.

2. Explain the liability of the government in torts.

3. Discuss briefly: a) Mandamus- Writ- Jurisdiction and scope

b) Quo-Warranto- Writ -Jurisdiction and scope

4. Explain briefly nature and limits of delegated legislation.

Max. Marks : 75

(4x8 = 32)

(2x3 = 6)

5. Explain the government and parli~entary control over statutory corporations.

6. Define and distinguish be,Jween Judicial and Quasi judicial functions.

7. What are the rules and principles of natural justice? Discuss.

SECfiON -II

Q. No. 8 compulsory . Attempt any four of the remaining .

8. Write short notes on any two : 1) Finality of administrative action.

2) Declaratory relief

3) Principle ofLocusstandi

4) Jurisdictions of High Courts under Art 226 and 227.

9. Explain and discuss the liability of the government in c;ontract.

10. Write notes on:

a) Central Vigilance Commission

11. Explain briefly: a) Judicial control of tribunals b) Lokpal.

b) Right to know.

12. Explain and discuss the writ of Prohibition and Certi:>rad.

13. Explain and discuss:

1) Administrative action

2) Quasi judicial function as different from judicial function.

14. State and discuss any two: 1) King can do no wrong 2) Promissory Estoppel 3) Privile£es and immunities of gd'vemment.

(4x8 = 32)

(2x2112 = 5)

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RN-41

S.Y. LL.B. (Sem. III) Examination, 2000 ADMINISTRATIVE LAW

Duration : 3 Hours Total Marks: 75

Instruction :Answer Section I and Section II separately.

SECTION -I

I. Write two short notes: (2x3=6)

1) Essential legislative function.

2) Post decisional hearing

3) Writ of Habeaus corpus.

II. Answer any four : (8 Marks each )

1) Administrative law is an outstanding legal development of 20th century. Discuss .

2) Evaluate A. V. Diceys Theory of "Rule of Law" and its relevance in the growth of modem administrative process.

3) The dividing line between Administrative Power and a Quasi-Judicial power is quite thin and is being gradhally obliterated. Elucidate.

4) Discuss the constitutionality of subordinate legislation in India?

5) Examine the scope of principle of "Fair hearing" (Audi Alteram Partem) in administrative action.

SECTION -II

ffi Write short notes (any two):

1) Injunction.

2) Failure to exercise discretion.

3) Finality clause.

5

rv. Answeranyfour: (8 Marks each)

1) Writ of certiorary is remedial whereas prohibition is preventive. Discuss the scope of prohibition and cerdorary in light of above statement.

2) Explain the significance of administrative tribunals with the help of relevant case laws.

3) What are the various constitutional provisions for contractual liability of Government?

4) What are the privileges and immunities of administration in suits?

5) Explain the judicial review on administrative discretion.

6) Explain various controls over public corporation in India.

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RPN-37

S. Y. LL.B. (Semester -lll) Examination, April 2000

ADMINISTRATIVE LAW

Total Marks : 75

SECTION I

I. . Write short notes : (6) 1) Henry V1II Clause 2) Real likelihood of bias 3) Essential legislative function which cannot be delegated.

II. Answer any FOUR : (8 marks each)

1) What is Administrative Law ? In what way have ·rule of law' and theory of separation of powers contributed to the growth of administrative law ?

. 2) Discuss the factors that lead to the Growth of delegated legislation. What is control mechanism for delegated legislation ?

3) •Principle of four bearing protects the citizens from arbitrary administrative action.' Give all the facets of the principle of four bearing from Notice to final decision.

4) Discuss the exceptions-to the principles of Natural justice.

5) Examine the powers of High Courts Under Aits.226 and 227 of the Constitution in judicial review of administrative action. ' .

SECTION II

III. Write short notes (any TWO) : 1) Post decisional hearing.

2) Administrative discretion. 3) Central vigilance corimtission.

(5)

N. Answer any FOUR : (8 marks each) 1) Which authorities are amenable to writ jurisdiction of the Supreme Court and High

Courts? . ·

2) Discuss the constitutional provisions and the development of concept of liability in Government contracts.

3) To what .eXtent is the state liable for the torts committed by its servants?

4) What are the various privileges and imlnunities of the administration in suits ? Discuss them.

5) Discuss the control on statutory and Non-statutory public undertaking through parliament and court.

6) The institution of Ombudsman protects the citizen from administrative faults ­Discuss.

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RN-36

Second Year.LL.B. (Semester ill) Examin~~OI~, 1999 ADMINISTRATIVE LAW (3 Year Course)

Total Marks: 75

1. Write short notes:

i) Droit Administratif.

ii) Administrative Instructions.

iii) Post decisional hearing.

SECTION I

(6)

2. Answer any FOUR: (8 marks each)

i) What is your conception of Administrative Law ? What are the causes for the growth of Administrative Law ?

ii) Administrative Law in' India is wholly a judge-made Law which has all the strengths and trail ties of judicial law making.- Discuss.

iii) What is delegated legislation ? Discuss the pennissible limits of constitution within which law making power may be delegated to the administration.

iv) Discuss the various facets of the principle of fair hearing in administrative adjudication.

v) Rule against Bias is that judge must be impartial and must decide the case objectively- Elaborate. ·

vi) Discuss the various problems of administrative adjudication.

3. Write short notes (any 1WO):

i) Domestic tribunals. l - '

ii) Minis~~r~ai action. .:

iii) Writ of Habeas Corpus.

SECTIONU

(5)

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RN-36

4. Answer any FOUR: (8 marks each)

i) When is a contract with private individual binding on the Union of India ? "Is the Governments liable under void agreement ?

ii) T~ what extent the administration would be liable for the torts committed by its servants ? Cite cas~ law.

iii) Discuss the privileges and immunities ofthe administration in suits.

iv) 'The institution of Ombu;ds:man Is-designed to protect the little man against !._

administrative faults by-keepmg the administration on rails':- Discuss .. ·

v) Discuss and explain the parliamentaty control over statutory and non-statutory . public undertakings or corporations.

vi) Discuss the lowering of the threshold level of locus standi in public interest litigation.