Hindu Law (Mumbai University paper)

Q.1       Answer in short ( not more than two sentence )

1. Define Inteste ( April 2009) 2. What is modernization ? ( April 2009)

3. What is nuclear family ? ( April 2009 )

4. What is the punishment for abetting the act of sati ? ( April 2009 )

5. When decree of Restitution of conjugal rights can be passed by the court ? (April 2009)

6. Define Dowry under Prohibition Act ( April 2009)

7. What is parital portion? ( April 2009)

8. Explain patrilocal family ? ( April 2009)

9. Write the jurisdiction of family court. ( April 2009 )

10. What is ment by posthumous child ? ( April 2009)

11. What is the degree of prohibited relationship under Hindu Marriage Act ? ( April.2010 )

12. Explain Adultery. ( April.2010 )

13. Define polyandry. ( April.2010 )

14. What is reunion ? ( April.2010 )

15. Under what conditions a Karta can alienate joint family property ? ( April.2010 )

16. What rights are vested to an illegitimate child regarding inheritance of property ? ( April.2010 )

17. What is coparcenary ? ( April.2010 )

18. Who can appoint testamentary guardian ? ( April.2010 )

19. What is modernization  ? ( April.2010 )

Q .2       Write Short Notes  ( Any Four, each carries 5 marks )

1. Rights of illegitimate child ( Nov.2008 ) 2. The nature of the suits and proceeding  triable by the Family court. ( Nov.2008)

OR

Family Court ( Nov.2009)

3. Uniform Civil Code ( April 2009 ) ( April 2010 ) 4. Effect of conversion on marriage and succession ( Nov.2008 ) OR

 Effect of Conversion on marriage ( April 2009 )(April 2010 )

5. Sanskritization  ( Nov.2008 )  ( April.2010 ) 6. Existing legislative provisions as to settlement of  spousal property  ( Nov.2008)

OR

Settlement of spousal property ( April 2009)

6. Definition of Dowry under Dowry prohibition Act.1961, along with  exceptions if any ( Nov. 2008)

7. Doctrine of Blending ( April 2009)

8. Child Marriage ( April 2009)

9. Coparcner’s right to challenge alienation of joint Hindu Family Property ( April 2009)

10. Power of Karta regarding alienation of joint property ( Nov.2009)

11. Partial Partition ( April.2010 )

12. Hindu Gains of Learning  Act (Nov.2009) ,( April.2010 )

13. Reunion ( April.2010 )

14. Effect of conversion on inheritance ( Nov.2009)

15. Types of family based on linage ( Nov.2009 )

16. Maintence under different personal laws (Nov.2009)

Q. 3       Solve any two ( justify your answer with relevant sections )( each carries 6 amrks )

1. Nisha and sanjay got married as per Hindu rites in December,2007 Before marriage Nisha had adopted  a son. She now wants to adopt a daughter.

i. State the legal formalities to be completed by her to make a valid adoption

ii. What is the relation between Nisha, sanjay, adopted son and daughter ? ( April 2009 )

2. Vijay , a Hindu male dies intestate leaving behind mother , father , son, daughter ‘s son’s son and daughter’s son.

i. How Vijay’s property will devolves after his daughter to his legal heirs ?

ii. If Vijay’s Sons has converted to a non Hindu before the death of the father, then explain his rights over the property of his father i.e  Vijay. ( April 2009 )

3. A Hindu male ‘X’ aged twenty years  married a Hindu female ‘Y’ aged 17 year.

i. What is the status of marriage between X and Y ? Give reasons.

ii. X marries to Z a Hindu female stating marriage between X and Y is not valid whether Y is entitled for maintenance from ‘X’ ( April 2009 )

4. ‘A’  a Hindu male aged 18 years married to Hindu female ‘B’ ages 16years. What is the  status of marriage between A and B. If child is born by this wedlock what are the right available to such child. ( April.2010 )

5. ‘A’ a Hindu dies intestate leaving behind widow, son having hepatitis B, daughter of predeceased daughter , father and step mother. How ‘A’ property will devolve to his legal heirs ? ( April.2010 )

6. Uday and Reshma  got married as per Hindu rites in December,2005. Before marriage Reshma adopted a son ‘A’ . Now she wants to adopt a daughter ’B’. What are the formalities to be completed by Reshma for adoption? What is the relationship between Uday,Reshma A and B ? ( April.2010 )

 

Q. 4       Answer Any Four (  each carries 12 marks )

1. (i) Explain the formation of Mitakshara coparcenary alongwith ist basic features ( Nov.2008)

(ii) Hindu succession ( Amendment Act, 2005 has given a severe below to law of Mitakshara coparcenary “ – Critically examine  ( Nov.2008 ) OR

Write the main characteristics of mitakshara coparcenery . Discuss in detail how the provision of Hindu Succession ( Amendment) Act 2005 have affected the mitakashara  coparcenery ? ( April.2010 )

2. Who can become Karta ? What are the powers vetsed to a karta regarding alienation of joint property ?  ( Nov.2009)

3. (i) Discuss the concept of joint Hindu family under Mitakshara Law ( April 2009)

4. (ii) When partition can be reopened ?  ( April 2009)

5. (I) Discuss the provision relating to divorce by mutual consent under Hindu Marriage Act.   (April 2009)

  (II) Explain the adultery and cruelty as ground of divorce. ( April 2009 )

6. Who are natural guardians ? Explain their powers under the Act ( April 2009)  OR

Who can become a natural guardian of a minor and what are the powers of natural guardian ? ( April.2010 ) 

7. – (i) What are the general rules of succession under Hindu succession Act ? ( April 2009 )

  (ii) Under what circumstances a murderer is not qualified to inherit the property of deceased person ? ( April 2009 )

8. – (i) Explain  the evaluation of marriage and family. (April 2009)

   (ii) Write a note on Polygamy ( April 2009 )

9. Explain in detail when a Hindu wife is entitle to claim maintenance from her husband under Hindu Adoption and Maintence Act. ( April 2009)   OR

 

When a Hindu wife is entitled to claim maintenance from her husband under Hindu Adoption and Maintenance Act ?  When she forfeits her claim of maintenance ? ( April.2010 ) 

10. Who are the dependent ? Discuss the general rules relating to the right of maintenance of dependants. ( April 2009 )

11. Discuss in detail the constitutional validity of decree of restitution of conjugal rights . Distinguish between the Decree of restitution of conjugal rights and decree of judicial separation ( Nov 2009) OR

Distinguish between the decree of divorce and judicial separation . Discuss cruelty and desertion as ground of divorce under Hindu Marriage Act.  ( April 2010)

12. State as grounds of divorce under Hindu Marriage Act. 13. What are general rules of succession  under Hindu Succession Act?

Under what circumstances the remarriage of a widow is a disqualification to inherit the property ? ( April.2010 )

14. Discuss the provisions under Hindu succession Act,1956 governing intestate succession to the property of female Hindu ( Nov.2008) 

15. Discuss the provisions mentioned under Hindu Succession Act regarding succession to the property of a Hindu woman ( Nov.2009 )

16. Briefly explain the evolution of the institution of marriage and discuss the condition of valid marriage under Hindu Marriage Act,1955. How does non compliance with those conditions affect the validity of the marriage ? ( Nov.2008)

17. Explain with the help of case laws the concept of uniform civil code and what are its objectives ( Nov.2009)

18. (i) What is uniform civil code  ? What are its objectives ? ( Nov.2008)

(ii) critically discuss the impact of working women on spouses relationship from socio economic view point ( Nov 2008)

19. State and discuss requisites of a valid adoption ( Nov.2008) OR

What  are the requisites to make a valid adoption by a Hindu male under the Act. ( Nov.2009 ) OR

Explain the requisites of a valid adoption under Hindu Adoption and Maintenance Act ? ( April.2010 )

20. What do you understand by the term “ Testamentary Guardian? What are the power given to testamentary Guardian” ? What are the powers given to testamentary guardian and who can appoint  testamentary guardian ?  ( Nov.2009) OR  Who is a testamentary guardian  ? Who can appoint a testamentary guardian? When does the appointed testamentary guardian becomes entitle to act as guardian of the  minor  ? what are his powers? ( Nov.2008)

      

COMPANY LAW

Q.1    Answer in not more than two sentences

1. What is the extent of underwriting commission payable to an underwriter by a company ? (Nov.2009 )

2. What are the circumstances under which a statement in lieu of prospectus is to be filed by a public company with the Registrar ? (Nov.2009 )

3. How can a company limited by share alter its capital clause ? (Nov.2009 )

4. What is stock ? (Nov.2009 )

5. What do you mean by issue of share at discount ? (Nov. 2009 )

6. When does transmission of shares take place ? (Nov.2009 )

7. What is the time limit within which the statutory meeting must be held by the company ? (Nov.2009 )

8. What is the quorum required for a valid general Meeting ? (Nov.2009 )

9. What is the time limit to surrender the unspent balance of the foreign exchange which a person has purchased for the purpose of foreign travel from an authorized person ? (Nov.2009 )

10. What do you mean by joint venture ? (Nov.2009 )

11. What is dividend ( April 2010)

12. Define Share ( April 2010)

13. What is pre-incorporation contract ? ( April 2010 )

14. Explain any two purpose for which the company can changes its object clause ? ( April 2010 )

15. Cite any two persons who are disqualified from being appointed as auditor ( April 2010)

16. What is blank transfer ? ( April 2010 )

17. What is minimum subscription ? ( April 2010)

18. What is defunct company ? ( April 2010 )

19. Define import ( April 2010)

20. Define personresident outside India . ( April 2010 )

      

Q.2       Write short notes

1. Salmon Vs Salmon & Co ( Nov.2008) 2. Public Issue ( Nov.2008)

3. Participating & Non participating preference shares ( Nov.2008)

4. Distinguish between company &  partnership ( Nov.2008)

5. Duties of directors ( Nov.2008)

6. Distinguish between public company and private  company  ( Nov.2008)

7. Issue of shares at discount ( April 2009 )

8. Rights of members ( April 2009 )

9. Disqualification of a Director ( April 2009 )

10. Manner of Repatriation ( April 2009 )

11. Exemption from realization and repatriation in certain cases ( April 2009 )

12. Distinguish between share certificate and share warrant. (Nov.2009 )

13. Doctrine of constructive notice. (Nov.2009 )

14. Preference shares. (Nov.2009 )( April 2010)

15. Dividend. (Nov.2009 )

16. Distinguish between company and partnership ( Oct.2009 )

17. Direct investment outside  India (Nov.2009 )

18. Issue of shares at premium ( April 2010)

19. Distinguish between shares and debentures ( April 2010)

20. Statutory Meeting ( April 2009 ) , Annual General Meeting ( April 2010 )

21. Distinguish between Memorandum and Article of association ( April 2010 )

22. Instance of Current Account Transactions under FEMA  ( April 2010 )

 

Q.3       Answer any Two of the following ( Each carries 6 marks )

1. ABC Ltd posted notices to its members on 16th October 2009 for a meeting to be held on 7th November 2009.

i. Will the meeting be a valid meeting ? Why ?

ii. After the expiry of what time ,will the notice of a meeting which is dispatched under certificate of posting be deemed to be reserved ?  ( April 2010)

 2. A Bill of exchange was drawn upon a company in its proper name and it was

accepted by two directors of the company. The word “limited” however did not appear in acceptance. The reason was that the rubber stamp by which the words of acceptance were impressed on the Bill was longer than the paper of the Bill, and therefore , the word “ Limited” over-lapped the paper. The company failed to pay the Bill.

i. Can the director be held personally liable ?

ii. If the liability of the members of a private company is limited, how will you write the name of the company ABC ? ( April 2010 )

 3. To carry on its business, a company employed a steamer and two flats. The flats

were acquired by the Government during the first world war and the company was not able to replace them immediately in view of the rise in prices. This resulted in suspension of business for more than a year

i. Will a petition for winding up of company success ? Why ?

ii. Explain failure to commence business as a ground for winding of a company ? (April 2010 )

4. ABC  Ltd. owed Rs.250 to Mr A and could not pay the same due to financial problem. Mr A sent a registered notice to the head office of the company which was not its registered office, calling for the amount. Mr A waited for 21 days and then filed a winding up petition against the company as the amount was still not paid.

i. Is the petition is likely to succeed ? Why ?

ii. If the notice claiming the amount of Rs.250/- is sent to the registered office of the company will the petition for winding up likely to succeed ? Why ? (Nov.2009 )

 5. A Solicitor, on the instruction of certain gentlemen , prepared the necessary

documents and obtained the registration of a company. He paid the registration fee and incurred the incidental expenses . But the company after incorporation refused to pay for those services and expenses.

(i)         The solicitor wants to sue the company will be succeed ? Why ?

(ii)        Can the company enforce the contract entered into before its incorporation ? state

            with reasons. (Nov.2009 )

 6. A  is an auditor in 20 public companies having paidup share capital of less than

25 lakhs.He is an auditor of 5 private companies having paidup share capital of Rs . 20 Lakhs. He is also partner in firm of auditors.

(i)        If A is appointed as an auditor of another public company having paid up share capital of less than 25 lakhs, will his appointment be valid ? why ?

(ii)       Advise A  on the number of companies in which he can be appointed as an auditor. (Nov.2009)

Q.4  Answer following  ( Any Four ) ( 12 marks each )

i. Discuss  the Doctrine of indoor management, also discuss various exceptions to it (Nov.2008) OR

Explain the Doctrine of indoor management, alongwith exceptions , if any ( April 2009)

ii. Define ‘ member’. How mwmbweship is acquired and how it is terminated ? (Nov.2008 ) OR

 Define members, What are the circumstance under which a person ceases to be member? ( April 2009)

iii. Under the companies Act,1956, what are the powers and duties of directors ? ( Nov.2008)

iv. Explain the rule laid down in the case of Foss Vs Harbottle alongwith the exceptions ( Nov.2008 ) OR Explain the rule laid down in Foss Vs.Harbottle, alongwith exceptions, if any ( April 2009 )

v. What are the grounds, on which Tribunal may order winding up of company UNDER SECTION 433 OF THE Companies Act,1956. ( Nov.2008)

vi. Discuss the nature of corporate personality and state various therories corporate personality. ( Nov.2008 )

vii. Explain the  advantages of incorporation of a company (Nov.2009 )

viii. Explain the grounds on which the company can alter its object clause (Nov.2009 )

ix. What are the remedies available for mis-statements in prospectus ? (Nov.2009 )

x. What is call on shares ? Explain the requisites of valid call. (Nov.2009 )

xi. Who is a contributory? Explain the nature of liability of a contributory. (Nov.2009 )

xii. Explain the legal position of a Director ( Nov.2009 )

xiii. Explain  the provisions relating to vacation of office of Director ( April 2010 )

xiv. Define  Private Company . What are the privileges and exemptions available to the private company ? ( April 2010 )

xv. Explain the circumstances under which company winding up may ordered. ( April 2010)

xvi. What is a fixed and floating charges ? Explain crystallization of a floating charges ( April 2010 )

xvii. Who is promoter ? Discuss this position. State his duties and liabilities. ( April 2010)

xviii. Explain the provisions relating to appointment of auditors. ( April 2010)

      Transfer of Property & Esment Act

Q.1 Answer in not more than two sentences

1. What is the definition of immovable property ? (Nov.2009)

2. What do you understand by spes –succession? (Nov 2009)

3. Who is Riaparian owner ? (Nov.2009)

4. What are the characteristics of a simple mortgage ? (Nov.2009)

5. What is the doctrine of cypress ? (Nov.2009)

6. Define the sale under the transfer of property Act. (Nov.2009)

7. What is Exchange ? (Nov.2009)

8. Who is universal done ? (Nov.2009)

9. What is a limit beyond which a direction for accumulation of the income arising out of the property shall be void ? (Nov.2009)

10. What is an actionable claim ? (Nov.2009)

11. State the effect of Registration. (April 2010)

12. What is meant by attest ? ( April 2010)

13. Define Transfer of Property ( April 2010)

14. What is meant by redemption of mortgage ? ( April 2010 )

Q.2 Write short note

1. Direction for accumulation of Income ( Nov.2008)

2. Easement and its element ( Nov.2008)

3. Easement by Prescription ( Nov.2008 )

4. Kinds of property ( Nov.2008 )

5. Apportionment ( Nov.2008)

6. Exchange (  Nov.2008 )

7. Conditional Transfer ( April 2009)

8. Usufructuary  Mortgage ( April 2009)

9. Rule against perpetuity  (April 2009 )

10. Condition restraining  alienation of property (April 2009 )

11. Distinguish between customary easements and prescriptive easements ( April 2009)

12. Charge ( April 2009)

13. Subrogation (Nov 2009)

14. Distinction between vested interest and contingent interest (Nov.2009)

15. Forfeiture of a lease (Nov.2009)

16. Suspension and Revival of an Easement  (Nov.2009 )

17. Oral Transfer of Property (Nov.2009)

18. Rights of seller (Nov.2009)

19. Vetsted Interest ( April 2010 )

20. Election ( April 2010 )

21. Principle of Marshalling ( April 2010 )

22. Rights of the Buyer ( April 2010 )

23. Acquisition of easement ( April 2010 )

24. Actionable claim ( April 2010 )

Q.3 Attempt any two

A, an owner and occupier of plot X,sells the northern half of the land to B , but takes a covenant from B that no shop shall be erected on the purchase land .

Does the covenant personally bind A and B ?

If the covenant is ment for better enjoyment of A’s properety,can the covenant bind a person who subsequently acquire B’s plot of land ? Give reasons for your answer. (Nov.2009)

A mortgages a property to B for Rs.1 lakhs for six months under a usufructuary mortgage .After the expiry of six month,Bdoes not receive the amount of Rs.1 lakh.

Can B sue A for foreclosure or sale ?

What rights are available to B? Give reasons for your answers.( Nov.2009)

A gives Rs.10,000/- to b,reserving to himself with B’s assent the right to take gifts to B a dimond ring ,which the jweller has yet to make

Can the gift of Rs.10,000/- take effect ?

Can the gift of a dimond ring take effect ? Give resons for your answers. (Nov.2009)

Q.4 Attempt any four fro the following

1. Discuss, the transfer for the benefit of unborn person ( Nov.2008)

2. Discuss the doctrine of lis pendens ( Nov.2008 ) OR

3. Discuss the doctorine of “Lis Pendens” ( April 2009 ) OR

4. Discuss the doctorine of “Lis Pendens” What is the effect of “ His Pendens ” ? ( April 2010)

5. Write about conditional transfer ( Nov.2008 )

6. Define Sale, Discuss rights  and liabilities of seller and buyer ( Nov.2008)

7. Define Mortgage, explain english mortgage and Mortgagee’s power to sell Mortgage property without intervention of court ( Nov.2008 ) OR Explain mortgage of immovable property. What are the rights of a Mortgagor ? and liabilities of the lessor ? (Nov.2009 ) OR

8. Distinguish between a Lease and a Licence.Discuss the right and liabilities of a Lessee. ( April 2010 )

9. Define lease; what are its essential s and explain tenancy by will and tenancy by sufferance ? ( Nov.2008 )

10. How can lease be made ? When can a lease be terminated ? ( April 2009)

11. What is license ? Explain the important features of a licence . Distinguish between  an easement and a license ( April 2009 )

12. ‘Property of any kind can be transferred under the Transfer of Property Act’.Discuss (Nov.2009 )

13. Explain the Doctrine of part performance.( Nov.2009)

14. Discuss the doctrine of Election (Nov.2009)

15. Explain the essential elements of a gift . What can a gift be revoked ? ( April 2009)

16.   What is an Easement ? What are the conditions for acquisition of easements rights by prescription ? (Nov.2009 ) OR What is an Easement ? Which are the different types of easement (April 2010)

17. Define the Transfer of property. What are the necessary conditions for a valid transfer ? ( April 2009 )

18. What is conditional transfer ? Explain the differences between condition precedent and condition subsequent.

19. What are the liabilities of mortgage in possession ?Explain mortgage’s power to sell the mortgaged property without the intervention of the court. ( April 2010 )

20. Define safe. Explain the rights and liabilities of the buyer and the seller in a sale ( April 2009 ) , (April 2010)

   Administrative Law

Q.2    Write Short Note on ( Any Four ).

Source of Administrative Law ( Nov  2008 )

Doctrine of pleasure ( Nov.2008 )

Central Vigilance Commission ( Nov.2008 ) ( April 2010 )

Administrative Tribunals ( Nov.2008 )( April 2010 )

Principles of writ Jurisdiction ( Nov 2008 )

Ombudsman ( Nov 2008 ) ( April 2009 )

Difference between English Administrative Law and Indian Administrative Law ( April 2009)

Parliamentary control over Delegated legislation  ( April 2009)

Droit  Administratiff  ( April 2009 )

Function of civil service. ( April 2009 )

Doctrine of Legitimate  expectation ( Nov. 2009 )

Central Bureau of Investigation ( Nov.2009)

  Separation of power (Nov.2009 ) ;( April 2010 )

  Salus Populi est Supreme Lex ( April 2009 );( Nov.2009 )

Characteristics of Public Corporation. ( Nov.2009 )

Conditional Legislation ( Nov.2009 )

Central Bureu of  Investigation ( April 2010 )

Public Accountability ( April 2010 )

Special leave petition ( April 2010 )

Audi Alteram Partem ( April 2010 )

Q.4 Answer the following ( Any Four )

1. Discuss the Doctrine of Rule of Law with the relevant cases laws ( Nov.2008 )

2. Explain the maximum ‘Nemo judex in causa sua’  ( Nov.2008 )

3. What is delegated legislation ? Explain  delegated legislation with the reference of leading case laws ( Nov.2008 ) OR Define the delegated legislation and discuss the judicial control over delegated legislation ( April 2009 ) OR Define delegated legislation and explain the factors leading to the growth of delegated legislation ( Nov.2009 )

4. Explain the tortuous liability of Government of India. ( Nov.2008 )

5. Classify the public corporation and explain the control of public corporations ( Nov.2008 ) OR Explain the classification of public corporation and discuss legal status and liabilities of public corporation  ( April 2009 ) OR Define Public Corporation, Explain the characteristics and classification of corporation ( April 2010 )

6. What is administrative discretion ? Explain the judicial control over the exercise of discretionary power ? ( Nov.2008 )

7. Explain fully nature and scope of administrative law. State the reasons for its growth in India. ( April 2009 )

8. Discuss the principal of natural justice ? ( April 2009 )

9. What are different remedies available to citizens. ( April 2009 )

10. Define the term civil service and discuss the nature and classification of civil service in India. ( April 2009 )

11. Explain the function of Lokayukta as stated under the Maharashtra Lokayukta Act,1971  ( Nov. 2009 )

12. Discuss the Doctrine of pleasure and the constitutional safeguards to civil servants ( Nov.2009 )

13. Discuss the “Rule against Bias” with the relevant case laws. ( Nov.2009 )

14. Discuss  the prerogative writ under article 32 and 226 of constitution of India ( Nov.2009 )

15. What is Tribunal ? Explain the characteristics of Administrative Tribunal. ( Nov.2009 )

16. Define Administrative Law and explain the sources of Administrative Law ?( April 2010 )

17. Explain the classification of Administrative action with illustration ( April 2010 )

18. Discuss the judicial review of administrative actions with relevant case laws ( April 2010 )

19. Explain the feudal concept of ‘ King can do no wrong ‘ with relevant case ( April 2010 )

20. Explain the importance  of  Ombudsman to protect citizens against of discretionary  power ( Apriil 2010