KISHINCHAND CHELLARAM LAW COLLEGE.

PRELIMINARY EXAMINATION – September 2009

Third year LL.B (Semester- V) – Public International Law
Date: September 24, 2009 Marks – 100.

Q. I. Answer the following in not more than two sentences. (20 marks)

1. Define International Law

2. What are the sources of International Law?
3. Bilateral treaty means
4. Defaito Recognition means
5. Corsequences of recognition to a state
6. What are the theories of Recognition ?
7. Micro-State means
8. Confederation means
9. Modes of acquiring territory
10. Innocent Passage means

Q.II. Write short notes (any four) (20 marks)

1. Pacta Sunt Servanda

2. Settlement of Disputes between state
3. Human Rights and Child Abuse
4. Human Rights and Women
5. Human Rights and Worker
6. Human Rights and Environment

Q.III. Solve any two (12 marks)

1. State ‘X’ discovers a new island and displays its flag there. Y occupies the island. After
some years X desires to recovers the island for Y. Decide
a) Whether an act of discovery is sufficient to confer title by occupation?
b) Support your answer with relevant case law

2. Two citizen of country X had reached the moon. They landed there by cosmic rocket.
They planted flages on the moon.
a) Can state X claim sovereignty over the area in which they landed?
b) Is so why?

3. Mr. Rajesh was illegally detained in prison for over four years, after his acquiltal due to
negligence of the jail authorities.
a) Is it a Human Rights violation?
b) Which article of the Indian Constitution has been violated?

Q. IV. Answer any four (48 marks)

1. Universsal Declaration of Human Rights

2. Covenant of Political and Civil Rights
3. European Convention on Human Rights
4. American Convention on Human Rights
5. I.L.O and other Conventions and protocols dealing with Human Rights
6. Role of courts in the enforcement of Human Rights

*****
 KISHINCHAND CHELLARAM LAW COLLEGE.
PRELIMINARY EXAMINATION – September 2009
Third year LL.B (Semester- V) – Civil Procedure Code
Date: September 24, 2009 Marks – 100.
Q. I. Answer the following in not more than two sentences. (20 marks)
1. Who is a next friend?
2. Who is a judgement debtor?
3. What is meant by set – off?
4. What is a consent decree?
5. What is an interpleader suit?
6. What is preliminary decree?
7. What is `precept’?
8. What do you mean by plaint?
9. What is substituted service?
10. `foreign court’ means

Q.II. Write short notes (any four) (20 marks)

1. Effect of acknowledgement on the period of limitation
2. Caveat
3. Counter claim & set off
4. Notice u/s 80 of CPC
5. Suits by indigent persons

Q.III. Solve any two (12 marks)

1. A deposits a box of jewels with B as his agent. C alleges the jewels were wrongfully
obtained
from him by A, and claims them from B.
a) Can B tell A and C to file a friendly suit?
b) Can B file an interpleader suit?
c) Can B return the jewels to A?

2. A lends money to B and C on 1st March, 1992. A files a suit against B for the sum on 1st
March 1995. On 15th March, 1995 A adds C as a co-defendant in the suit.
a) Is the suit filed in time?
b) Is suit against C barred by limitation?
c) What is the exception regarding relaxation of time for substituting or adding new
defendant?

3. A sues B to recover certain property alleging that B was holding the property under a
lease, which had expired. The lease is not proved and the suit is dismissed.
a) Can A file a subsequent suit on the basis of general title?
b) What is res judicata?
c) To constitute a matter as res judicata what conditions must be satisfied?

Q. IV. Answer any four (48 marks)

1. Discuss the provisions under the CPC dealing with pauper petition.
2. Discuss limitation in the context of suits against Trustees and their representatives u/s
10 of the Limitation Act, 1963.
3. Discuss the provision relating to `revision’ as given in C.P.C.
4. Define counter claim. Distinguish between counter-claim and set-off.
5. Describe in brief the classes of decrees recognized by the CPC.
6. Discuss the provisions regarding ‘commissions’ in CPC?

******
 KISHINCHAND CHELLARAM LAW COLLEGE.
PRELIMINARY EXAMINATION – September 2009
Third year LL.B (Semester- V) – Interpretation of Statue
Date: September 24, 2009 Marks – 100.
Q.I. Answer in not more than two sentences (2 mks each)
20mks
1. What is the golden rule of interpretation of statue?
2. What is the presumption regarding jurisdiction of Court?
3. What is the presumption regarding operation of the statute?
4. What is the effect of non-obstante clause contained in a statue?
5. Which legislature is competent to enact the laws in respect of subject matters not enumerated in
State
List or Concurrent List?
6. Which types of statutes cannot be given retrospective effect?
7. Which are the laws to which the doctrine of eclipse applies?
8. What is the meaning of Contemporanea ?
9. Name any four of the internal aids to interpretation of statue?
10. What is the meaning of Noscitor-a-Sociis?

Q.II. Write Short Notes on any four. (5 mks each)

20mks
1. Preamble
2. Occupied Field
3. Doctrine of eclipse
4. Statues in para-materia
5. Rule of ejusdem generic
6. Generalia Specialibus non derogant

Q.III. Answer any two. (6 mks each)

12mks
1. The Parliament passed an Act on March 1, 2004 but provided that Act would commence from
January 1, 2004. The Act received the assent of President on March 3, 2004.
a) State the date from which the Act would commence.
b) State the date from which the Act would have commenced had the Parliament not
prescribed the date?
c) State whether the statue is permanent or temporary.

2. Road Traffic Act 1960 requires the driver of a motor vehicle to “STOP” after an accident
a) Does the ward “Stop” mean momentary stop?
b) Which rule of interpretation applies?

3. Employees State Insurance Act, S.53 provides that an insured person or his dependants will not be
entitled to any compensation or damages under the workmen’s Compensation Act, 1923 or any
other
law for the time being in force or otherwise in respect of an employment injury.
a) What is the kind or category of the statutes to which the Employees State Insurance Act
belong?
b) How the provisions of the ESI Act should be interpreted?
c) Is the employee entitled to claim damages in tort in view of the above provision contained
in ESI Act? Why?

Q.IV. Answer any four. (12 mks each)

48mks
1. Explain in detail the prospective and retrospective operation of statues.
2. “The statue should be read in its entirety to give effect to intention of the legislature” Explain
3. State the importance and utility of following external aids as an aids to interpretation of Statutes.
a) Dictionaries.
b) Debates, Inquiry Commission Reports, Law Commission Reports.
4. Explain the following presumptions
a) Statues are territorial in operation
b) Statutes are valid
5. What are the rules applicable to interpretation of penal statutes?
6. What are the various effects of the repeal of the statute as provided under the General Clauses Act,
1897?
 KISHINCHAND CHELLARAM LAW COLLEGE.
PRELIMINARY EXAMINATION – September 2009
Third year LL.B (Semester- V) – Criminal Procedure Code
Date: September 24, 2009 Marks – 100.
Q.I. Answer in not more than two sentences (2 mks each)
20mks
1. What is a cognizable Offence?
2. What is a Police Report as per Sec. 173?
3. In what circumstances can a Magistrate take cognizance of an offence U/Sec. 190?
4. Explain the meaning of the term ‘Warrant Triable Case’?
5. What is plea of guilt and at what stage is it recorded?
6. What is an interlocutory order?
7. When can a reference be made to the High Court?
8. What preventive action can a Police take in respect of injury to public property?
9. In which situation can a person be required to give security to the Magistrate for
keeping
peace?
10.What is the Judgment?

Q.II. Write Short Notes on any four. (5 mks each)

20mks
1. First information Report
2. Functionaries under the Code
3. Anticipatory Bail
4. Investigation
5. Appeal
6. Observation homes

Q.III. Answer any two. (6 mks each)

12mks
1. Mr.Ashok was arrested for the offence of forgery on 01.09.2009 and he was
produced before the nearest Magistrate and was remanded to Police Custody of 5
days. When he was produced on 06.09.2009 the defence counsel for Mr. Ashok
opposed the Remand application for further Police custody vehemently. Mr. Ashok
was later put in judicial custody and was in jail custody till the filing of the
chargesheet.
(a)Discuss the relevant provisions involved in the above matter.
(b)For how many days can Mr.Ashok be kept in police custody?
(c)Till when Mr. Ashok be kept in Jail custody?
(d)Can he be released on bail if the Chargesheet is not filed on expiration of 60 days
period? Why?
2. Mr. Shyam witnessed a murder being committed by Mr.Ram. However he got scared
on witnessing the said murder and straight rushed home without informing the
Police. When Mr.Ashok reached home he was informed by his wife that her friend
has been murdered by Ram and that Ram is absconding. After 4 years he sees Ram
near his house.
(a) Can he now go and give the information to the Police?
(b) Will he barred by Limitation to lodge such information with the Police? Why and
under what provision?
(b) Can the said information be treated as an FIR?

Q.IV. Answer any four. (12 mks each)

48mks
1. Discuss in detail how can the appearance of the accused be procured in the Court?
2. Explain briefly the limitations imposed by the code on the unfettered powers of the
Magistrates to take cognizance of offences under section 190.
3. What conditions can be imposed while granting bail? Can such conditions be imposed
when bail is granted in case of a bailable offence? Can they be imposed in case of all
non-bailable offences?
4. Describe Juvenile Justice Board & Juvenile in conflict with law.
5. Discuss in detail the procedure to be followed in granting probation and duties of the
Probation officer.
6. Under what circumstances can a wife claim maintenance from her husband? Is a
married woman entitled to claim maintenance from her father?