Top 10 IMPORTANT QUESTIONS FOR DU LLB Semester 2 EXAM Faculty of Law Delhi University

LAW OF EVIDENCE LB-201

1. Section 10- Conspiracy
   • Click this link to learn How to write an answer Conspiracy Section 10 Indian Evidence Act answer writing
     • Q 2-2016 Three revolutionaries A,B, and C, shoot a SHO of a police station. While fleering from the scene one of them, C, on seeing a fellow-traveler D, shouted to him loudly, “we have shot the SHO of this police station; now get pamphlets published to this effect and distribute in public”. later when all 4 of them are been tried for conspiracy to overthrow constitutional govt. through violent means, the prosecution lies on the above statement of C. can he be permitted to do that? support your answer with the end of legal provisions and the decided cases.
     • Q 3-2017 Determine the relevancy of evidence in following case: A, B, C are tried for entering into conspiracy to commit murder of X. After the murder was committed B was arrested on the charge of conspiracy. He was examined before a Magistrate and there he made a statement to the effect that there was a conspiracy between him, A and C for murdering X. Prosecution intends to prove this statement against A and C under section 10 of IEA,1872.
     • Q 3-2022. (a) “Though, ordinarily, in a criminal case, one person cannot be made responsible for the acts or statements of another, section 10 of the Indian Evidence Act, 1872 constitutes an exception”. Comment on the preceding statement and discuss the aforementioned provision. (b) P, N and K are charged with the conspiracy to murder Z in consequence of which conspiracy Z was murdered on 16 April, 2021. N wrote a letter on 9 April, 2021 to K that stated, “I will contact P tomorrow, convincing him to join our mission. P will then start following Z, and we will get rid of him soon”. K responded to N in writing on 15 April, 2021 that stated, “Don’t worry, as P has started his job, and he is quite competent, we will also rejoice soon after getting rid of Z.” On the evening of 19 April, 2021, N tells P and K, “Great work! We all have eliminated our common enemy”. Discuss the relevancy of the preceding facts to prove P’s complicity in the said conspiracy as per the Indian Evidence Act, 1872 and decided cases, if reasonable ground exists that P had joined the said conspiracy.
     • Q 2-2023. Karim wrote a letter to X asking him to supply explosives for blowing up govt. building. X took some time. In the meantime, Karim wrote another letter to X asking reasons for delay. However, before the second letter could reach X, Karim received the explosives and used the same. In case of conspiracy, Prosecution wants to produce both these two letters. Decide.
       • Conspiracy Section 10 Indian Evidence Act answer writing
2. Section 32- Dying Declaration
   • Q 4a- 2016. It cannot be laid down as an absolute rule of law that dying declaration cannot form the sole basis of conviction unless it is corroborated. Discuss
   • Q 5-2017. Daniel, Mike and Gabby were classmates and were staying in a rented flat. One day they had argument on a trivial matter. Both Daniel and Mike attacked Gabby with sticks lying in the storeroom. Gabby and his girlfriend Suzaine fell down and were bleeding when some neighbours took them to the nearby hospital in an unconscious state. On being informed, the local police reached nursing home. Before Gabby succumbed to his injuries his Statements were recorded by investigating officer when Gabby was still under anesthesia and there was no certificate of medical fitness also. Meanwhile Judicial Magistrate recorded the Statement of Suzaine thinking that she too might succumb to injury but she survived. Can these Statements be used as evidence under Section 32? Is it permissible to use these as substantive evidence?
   • Q 7-2018. Marriage of Akash with Deepika was solemnized in 2009. Six years thereafter, in the morning Deepika was got admitted in hospital alleging that she had consumed unknown acid at matrimonial home. Police was informed by the hospital authorities. Sub-Inspector reached the hospital and found that Deepika was unable to speak due to acid burns in her throat. On the fifth day, Sub-Inspector recorded her statement that acid was poured in her mouth by accused persons which led to registration of the case under section 498A, 307, IPC. Later Magistrate visited the hospital, obtained opinion of the. Doctor that patient was conscious and coherent. The Magistrate then put some question to Deepika and thereafter recorded her statement. Thereafter Deepika left this world. On behalf of the state, reliance has been place on the evidence led by the prosecution inducing the dying declaration. On the other hand, on behalf of defence it is argued that no reliance can be place on the dying declaration as medical opinion does not show that victim was in a position to give any statement. Decide.
   • Q 6- 2022. (a) Critical evaluate the following statement in light of the legal provision applicable, as interpreted in decided cases: “As the general rule is, that hearsay is no evidence, and that evidence which has not been tested by cross-examination is not admissible, Dying Declaration is a very weak kind of evidence”. (b) M receives a telephone call, after which he prepares to leave his residence. Upon inquiry by his wife H, he tells her that he is going to Agra to meet Z, who has promised to repay an old unpaid debt. After reaching Agra, M is murdered. Does the above statement of M to H fall within the purview of section 32(1) of the Indian Evidence Act, 1872? Give reasons with the help of case law.
   • Dying Declaration Answer
3. Section 115-Doctrine of Estoppel
   • Q 8-2016. (a) What is basis of the rule of estoppel. How is it different from promissory estoppel. ( b) A managed to get license of a pilot on the basis of a false certificate. It took 4 long years for the authorities to get it detected and verify true facts. They cancelled the license of the said pilot who takes the plea that has been trying without any problem and hence seek estoppel against authorities. Decide.
   • Q 6-2017. A intentionally and falsely leads B to believe that certain lands belong to A, and thereby induces B to buy and pay for it. The lands afterwards become the property of A and then he seeks to set aside the sale on the ground that, at the time of the sale, he had no title, Can A succeed? Answer in the backdrop of relevant provisions of law and the decided cases on the issue.
   • Q 5-2019 (a) Y, a student got marksheet from CBSE, showing that he has passed in Biology, Physics and Chemistry with good marks. Y as a matter of fact neither opted for Biology as subject nor appeared for Biology examination.However, he remained silent an sought admission in 1st year of MBBS at KGMC, Lucknow. When he had to appear in his first semester examinations, CBSE realised error and sent correct marksheet. KGMC, Lucknow cancelled his admission in MBBS. Y consults you for using estoppel against KGMC. State your opinion and give reasons.
   • Doctrine of Estoppel Section 115 indian Evidence Act Answer writing
4. sec 24, 25, 26, 27- Confession
   • Q. 3-2016. In a case involving robbery and murder, X one of the accused person, told: “I am wearing the pant which I washed after the commission is crime” while other accused Y said: “I can show you the place where the looked property has been kept. “The property was recovered at his instance. Discuss relevancy and the extent of admissibility of such statements made by X and Y while in police custody.
   • Q 3a-2019. A was tried to murder of B whose dead body was recovered from a well. B was wearing certain ornaments which were not found on his dead body. A made following statements to the police: (i) I killed B, removed ornaments from body and pushed B into the well. (ii) The ornaments are pledged with X. I can take you there. On the basis of above statements the police recovered ornaments from X. Whether the statements made by A are relevant as confession or not? Give reasons.
   • Q3a-2023 Purohit, an accused of rape, while in police remand felt pain in his chest. He was admitted in a hospital, where a police constable was kept on the gate to keep a watch on him. Purohit confessed his guilt to another patient Kulwant who was also in the same room. The statement was overheard by policeman also. Prosecution wants to make this statement of A as “confession”. Discuss.
   • Confession Section 24,25,26,27 Indian Evidence Act answer writing
5. Section 133- Accomplice
   • Q 7-2016. “An accomplice is unworthy of credit unless he is corroborated in material particulars.” Critically examine the above statement.
   • Q. 2/2022. (a) “The law of evidence in India is absolutely clear, that convictions can be done on the basis of the uncorroborated testimony of an accomplice. Thus, the Courts in India have consistently followed this, and occasionally convict solely on the basis of the uncorroborated testimonies of accomplices.” Critically analyse the preceding statement in view of the statutory law and case law. (b) Karim, George and Abheek are charged with the murder of Berry, and tried together. Karim becomes an approver and gives evidence, that Abheet beat Berry to death, while George and he were keeping a watch on the other who might have come to his rescue. George states in his confession to the Judicial Magistrate, made in the police custody, that he was instigated by Abheek to participate in the crime, but it was Abheek who dealt the blow with a stick to Berry. George and Karim were in the same cell in the police custody. The trial court convicted Ablheek on the basis of Karim’s testimony and George’s confession. Abheek appeals against his conviction. Decide the appeal in light of the provisions of the Evidence Act, applicable, and the decided cases.
   • Accomplice Section 133 read with 114(b) Indian Evidence Act answer writing
6. Section 112- Presumption
   • Q. 5-2016(a). The Supreme Court in a decision has opined thus, “This section is based on the well known maxim Paterest quem nuptiae demonstrant (he is the father whom the marriage indicates). The law presumes both that a marriage ceremony is valid and that every person born out of this marriage is legitimate.” Explain the provision in question.
   • Q 8b-2017 Geeta was married to Shyam in June 1990. Shyam died in July 1992. She then married another man (K) in September 1992 and gave birth to a son in September 1992. Can it be lawfully claimed that the son is the legitimate son of K? Discuss.
   • Q6-2023. Ira got divorced from Manas on 31/12/21 and married Abhinav on 1/3/22. Ira delivered a child on 30/4/22. Abhinav disputes the paternity of child on the basis that child was conceived during the subsistence of first marriage and therefore Manas is father. Advise Manas for existing law.
   • Presumption section 112 Indian Evidence Act answer writing
7. Section 122 Privileged communication
   • Q 6a-2016 Whether the following communication is protected from disclosure? A, a client says to B, an attorney “I wish to obtain possession of property by the use of a forged deed on which I request you to sue.”
   • Q5b-2019. X, the husband wrote a letter of Y, his wife on 21.2.2018, which was defamatory against Y’s father. Y obtained decree of divorce against X on the ground of impotency on 15.12.2018. Discuss the admissibility of letter written by X to Y in a case of defamation filed by father against X on 25.1.2019.
   • Q5b-2022. In a writ proceeding, the Petitioner seeks the disclosure of a file of the Home Department of the respondent State. The Home Secretary files an affidavit in the High Court claiming privilege under section 123 of the Indian Evidence Act, 1872 submitting, the disclosure of the said file, which according to her, relates to the matter of State, will injure public interest that outweighs the private interest of the Petitioner. The Home Secretary also submits, that the High Court, as per the law of evidence, cannot compel the production of the said file for inspection. Discuss the tenability of the above submissions in light of the provisions and case law applicable.
   • Privileged Communication Section 122,123,126 answer writing

FAMILY LAW 2 LB-202

1. Sec 8-13 HSA Male interstate
   • Q 5-2016. X, a Mitakshara Hindu died in 2001 and is survived by his widow W (whom he had deserted two years ago); S1 a son (converted to another religion during the life time of X); D1 a daughter (married in 1990) and D2 an unmarried daughter. He left behind both ancestral and separate properties. Ascertain the shares of his heirs in the aforesaid properties if t is governed by Mitakshara law as applicable in (a) Delhi;(b) Kerala. What would be your answer if X dies in 2016?
   • Q5-2017 A Mitakshara joint family consists of father F, mother M, son S, son’s wife W and unmarried daughter D. S dies in 1980 and the mother M dies in 1982. After the death of the mother; D wants to claim her share in the ancestral properties. Ascertain her share.Will it make any difference in your answer if S and M die in 2001 and 2012 respectively? Give reasons.
   • Q 7-2018. A Hindu male dies in 2010 as an individual member of MitaksharaCoparcenary and is survived by his parents F and M, a stepmother FW,a widow W, two sons S1, S2, and a daughter D1. F had married FW and M in 1950 and 1954 respectively. S1 had married W1 in 2000 and was blessed with one son and one daughter S15 and S1D. S2 had married a Christian woman under the Special Marriage Act, 1954 had a son S2S. The property consists of Rs. 20 crores.
   • Q 3-2023. A, a Hindu male owned his separate property of 50 cr. Rs. He lived with his father F, mother M, his wife W1 and two daughters D1 and D2 and widow S1W and daughters S1D1 and S1D2 of his predeceased son S1. Without divorcing W1, A married W2 in 1970 and had two sons S2 and S3 from W2 and S2 married S2W and had S2D. S3 converted to become a muslim, married a girl Naureen and had a son Tousif. S1W remarried her college friend. S3 died in 1997. How would you separate property of A devole if A died in (i) 2000, (ii) 2015
   • Q. 2/2021. A dies in 2020 as an undivided member of Mitakshara coparcenary belonging to Delhi and is survived by his father, F, a step mother FW, a widow W three brothers Br1 Br2 and Br3 a sister S1S, three sons S1 S2 and S3 and two daughters D1 D2. S1was married to W1, and has a son SS, and a daughter SD,: S2 married a Christian woman under Special Marriage Act, 1954 and has one son SS1 from her. D1 is married to H and has two daughters D1D1and D1D2: The property consists of Rs. 4 Crores in cash and immovable property worth 20 Crores. Discuss who will get the property and what would be their shares? Would your answer be different if the family was domiciled in Tamil Nadu?
   • Q 4-2021. ‘X’, a Hindu male died intestate in 2020 and leaves behind propertyworth Rs. 80 Crores. He is survived by his parents F, M, a brother Br1,a sister S1S, widow W, three sons S1 S2 S3, and two daughters D1 and D2. ‘X also has an illegitimate son S4: His daughter D1 eloped with H,a married man with whom she has an affair and gave birth to a sonDS from him. S1 during a fight killed D1 in 2015 and took defence that her conduct had bought shame on family and by killing her hehas restored the honour of the family. Discuss who would get X’s property, specify the quantum, stating the reason for the same. Also,ascertain the shares of aforesaid relatives in X’s property if X was a female.
   • Male intestate Section 8-13 Hindu Succession Act Answer Writing
2. Inheritance of Shia and Sunni
   • Q. 8-2016(a) Discuss the general principles of Sunni Law of Inheritance. (b) X, a Sunni Muslim, dies intestate in 2010 leaving behind two widows W, and W2 a son S, two married daughters D1 and D2 son of a predeceased son SS as his heirs. Ascertain the shares of the aforesaid heirs in the property of X.
   • Q. 8-2017. Ascertain the shares of the following heirs both under Hindu andSunni law:(i) X, a male dies leaving behind widow W, a daughter D1 and daughter of a predeceased son D1S.(ii) F, a female dies leaving behind widower H, mother M, father F and two son S1 and S2″.
   • Q. 6-2021. “X’, a Muslim dies intestate and is survived by his Parents M and F,a brother Br, a sister SIS, a widow W, two sons S1 and S2 a daughter D1 and a widow, a son and daughter of a predeceased Son S1W, S1D1,S1S1. ‘X’ left behind the property worth Rs. 50 Crore. Discuss who willget the property and what will be their shares? What would be your answer, if ‘X’ was a female and ‘W’ was the widower?
   • Q.8-2023. A Muslim male Rehan was survived by his wife – Uffak, hisdaughter Sara, sons Aadil and Aquil, son of his predeceased son Khurram, his father Kamaal, his father’s father Beg his full brother Rafiq. Aquil baptized himself to become Christian. On altercation between Rehan and Adil, Rehan slapped Adil and Adil in fit of rage pushed Rehan out from his room but Rehan fell from second flooron the ground floor and died immediately. Discuss the shares of theheirs of Rehan, if Rehan was: (i) Sunni (ìì)Shia
3. Alienation of property by Karta
   • Q. 3-2016. Morovishwanath, a Karta of Mitakshara joint family, wants tosell his ancestral house in the walled city for a sum of Rs. 80 lakhs toGanesh. He intends to utilize the money so collected for the followingpurposes:(a) for the re-marriage of his widow daughter, Damini;(b) for the re-marriage of his son Vineet, after his divorce to hisearlier wife;(c) to repay his personal debts;(d) to purchase a housing flat in South Delhi.Ganesh is anxious to purchase the property and seeks your legaladvice. Advise.
   • Q. 4-2018. A mitakshara coparcenary consists of Ramesh, father-cum-Kartaand his two sons Anil and Amit. They own extensive coparceneryproperties including one big land about 60 miles away from Neemranawhere this family lives. Ramesh sold this piece of land and utilizedthe sale proceeds for the following purposes:(i) Renovation and additions in the family house.(ii) Payment of debt of Ramesh which was taken for gamblingpurpose.(ii) Marriage of his (Ramesh’s) 15 years old sister.Anil and Amit challenge this attention with plea that it is notbinding on them as they never consented to such transaction whichwas neither for legal necessity nor for the benefit of estate. Decide.
4. Female Interstate
   • Q. 8-2018. (a) A, Hindu female was married at the age of 15 15 years to H, who died of a snake-bite three months later. Brother-in-law threw her out of matrimonial home. Parents and brothers supported her and persuaded her to study. She joined as school teacher and later got promoted as school principal, She died at age of 65 leaving behind properties with a value of 5 crores. She was survived by her younger brother-in-law Br.1 his two sons, her parents M and F and her brother B. Discuss who would get theproperty and what would be their shares. (b) A Mitakshara Corparcenary of father F, his three sons and a daughter D1, who was married to DH. In 2008 she claimed partition and got her due share and unfortunately died in 2009.Discuss who would get her property and what would be their shares.
   • Q. 3-2019. A, a Hindu woman died survived by her father F, mother M and husband H. She left behind a house which she purchased out of her own salary and a piece of land which she inherited from her son.Discuss who will get the property and what would be their share.What would be your answer if A was a Sunni Muslim woman?
   • Q 7-2023. Harish married Seema. Harish had a son Raghav and a daughter Rashi from his first wife and a illegitimate son Rishi. Seema had inherited a piece of land from her father. Harish suffered heart attack and died in 2010. He had left behind a self acquired property — a house. After death of Harish, Seema started a business of her own and earned 100 cr. In order to unsurp the business and property of Seema, Raghav murdered Seema in 2020. Seema survived by her mother Meera and a Brother Mohan. Calculate with reasons, shares inherited by legal heirs of Seema.
5. Partition of Property
   • Q 2-2016 Gurupad, a Mitakshara hindu living in Delhi, owns the following properties; (i) a piece of land inherited from his maternal grandfather in 1972. (ii) Jewels worth rs. 10 lakhs inherited from his father in 1990. (iii) A flat purchased out of his earnings made in the course of his legal profession. The formal education in law was acquired with the help of HUF funds. (iv) A house which he got under the will of his father. His son Shivpad sought partition of his father’s properties and demands share in all the above mentioned properties. Decide.
   • Q 2-2018 A mitakshara Hindu, Ram Prakash, owns the following properties in Allahabad: (a) A house which he had got from his father Satya Prakash under a Will in 1955 and is or value worth 5 crore. (b) An apartment worth Rs. One crore which the inherited from his maternal grandfather Durga Dutta in 1980. (c) A plot which he inherited from his father in 1990 and is of value 2 crore.
   • Q 1-2021 Rahul, a Hindu male inherits a plot of lands from his father in 2005 and a year later a house from his maternal grandfather. In 2010, he got a necklace worth rupees 20 lakhs from his mother under a Will. Thereafter in 2015, he purchased an office out of his own earnings made in course of his legal profession, although the education was acquired with the help of joint family funds. Raghav, his son seeks partition in the above mentioned properties. Will he succeed? Discuss.
   • Q 4-2023 The concept of partition under classical hindu law has fundamentally changed in the codified hindu role of succession. Explain with the help of decided cases.
6. Female as a Karta
   • Q 1-2019 Discuss the gradual legislative changes in the classical concept of Mitakshara joint family and coparcenary. Can a woman act as a Karta of the mitakshara hindu joint family?
   • Q. 1-2021 An agriculturist Mitakshara joint family comprised of M, his wife W, minor son S and his daughter D. M married his daughter D in another village to his friend’s son DH. The family had vast agricultural land and no other property. M died in 2007. Soon after M’s death W took control of the entire family and the property. She sold a part of the property to her brother in 2009 at much lower price than the market price on the ground that it was left barren for years. D challenges the sale by W, claims to be the Karta and also for her share in the agricultural property. Decide with the help of case-laws.

LAW OF CRIMES 2 CRIMINAL PROCEDURE CODE LB-203

1. Section 436-439 CrPC BAIL
   • Q. 2-2016 (a) X, a Senior Bureaucrat, is arrested for assault (a bailable offence) and murder (a non-bailable offence) of his servant. Two of X’s subordinate officials are witnesses in the case. X applies for bail. What are the factors that the Court should consider while disposing of his bail application? Also discuss the factors that are relevant for cancellation of bail.
   • Q 2a-2017 Bail remains an undefined term in CrPC. Nowhere else has the term been statutorily defined. What are the guidelines prescribed for exercise of discretion by the courts in granting bail? Discuss in light of sections 437,439 and leading the case laws.
   • Q 4b-2019 Ms. K, a woman journalist accused Mr. T the editor-in-chief of famous newspaper of sexually assaulting her on two occasions. Mr. T alleges that he has been falsely implicated in a case of sexual assault by Ms. K. Mr. T apprehending his arrest moves an application for anticipatory bail. Determine, the court having jurisdiction to grant such bail and the grounds on which bail can be claimed.
   • Bail section 436-439 crPC answer writing
2. Sec 154 FIR
   • Q 1a-2016 What is the procedure for recording a First Information Report (FIR)? What are the remedies available to a person if the police refuses to register an FIR? Discuss the cases in which a police officer may conduct a ‘preliminary inquiry’ before recording an FIR. Support your answer with relevant statutory provisions and case law.
   • Q 2-2023 Ms. Malini alleged commission of offences under sections 498A and 494 IPC against her husband, father in law and mother in law. She went to the neighbouring police station to report the offences, but the SHO declined to register a First Information Report (FIR). In order to have her FIR registered and to have the matter investigated by the police, she made an application to the nearest magistrate under section 156(3) of the Code of Criminal Procedure. As a consequence of this, the learned magistrate issued an order directing the police to register a case and conduct an investigation. In addition. the magistrate also compelled the investigating officer to provide monthly report on the case’s progress. However, this order has been challenged before the High Court. Decide and explain the power of a magistrate under section 156(3) of Cr.P.C. with the help of the relevant case laws.
   • FIR – section154 to 176 of crpc answer writing
3. Section 167 procedure
   • Q 3b-2016 ‘W’ lodged an FIR against her husband (H) under section 498A of the IPC. H is arrested by a police inspector and detained in custody. It appears to the police officer that the accusation is well-founded and the investigation cannot be completed within 24 hours. Elucidate the procedure to be followed to get the detention extended. If H wants to make a confession about his guilt during investigation, what should the police officer do in order to ensure that the confession is admissible in evidence? What is the procedure to be followed for recording such confession? Discuss in light of relevant statutory provisions and case law.
   • Q 3b-2019 “A F.IR. was lodged on 27-10-2016 in respect of allegation made under the provisions of section 7, 13(1)(b)(d)/13(2) of the Prevention of Corruption Act, 1988 (PC Act). Although Mr. M’s name was not named in the F.I.R., investigation seemed to implicate him in a very large and structured conspiracy. Accordingly on 5-11-2016, Mr. M was taken into custody pending further investigation. On 20-12-2016 Mr. M applied for bail before the Special Judge dealing with the cases relating to offences under PC Act, due to default on the part of investigation agency in not filing the charge-sheet within sixty days. His application was rejected. Subsequently, on 11- 1-2017 Mr. M applied for default bail before High Court after expiry of 60 days but before the expiry of 90 days of detention.” Decide whether Mr. M is entitled to release on bail, pending investigation, in the light of the fact that Mr. M had committed offences which could result in “imprisonment for a term not less than ten years”.
   • Q 3-2022 ‘X’, a youtuber murders his wife at Delhi. He is on the run and absconds FIR is registered and police makes effort to arrest ‘X’. Finally ‘X’ is arrested in Mumbai and is produced before the concerned Magistrate in Mumbai, who gave his transit remand to police.’X’ is brought to Delhi and is produced before the jurisdictional Magistrate who further remands him to police custody and charge sheet is filed on the 90th day from the first remand of accused to police custody. Decide the issue raised to ‘X’ in the light of relevant provisions and judicial precedents.
4. Sec 321 WITHDRAWL OF PROSECUTION
   • Q 6b-2016 Discuss the role played by the public prosecutor and the court in withdrawal from prosecution under section 321 CrPC. What are the consequences of such withdrawal for the accused?
5. Fair Trial
   • Q 5b-2016 Discuss the salient features of a fair trial?
6. Section 482 Powers of HC
   • Q 7a-2016 Discuss the inherent powers of the High Court under section 482 CrPC. Does the quashing of criminal proceedings under section 482 in respect of non-compoundable offences not amount to blurring the distinction between compoundable cases? Discuss with the help of case law.
7. Plea Bargaining
   • Q 5b-2016 Discuss the justification for and provisions relating to plea bargaining under CrPC. Also distinguish between plea bargaining and compounding of cases under the CrPC.
8. Rights of accused person
   • Q 2b-2016 Discuss the rights of arrested persons recognised by the judiciary and the legislature in India.
   • Q 3b-2019 Mr. X is arrested without warrant and brought to the police station. He claims to be informed about his crime and the ground of his arrest. He also requests to inform his family about his arrest. He also insists that he should be produced before a magistrate within 24 hours of his arrest. Discuss his claim with relevant statutory provisions.

PROPERTY LAW LB-204

1. Section 3 TPA Movable and Immovable property
   • Q. 1-2017 (a) With the help of decided cases decide whether the following are movable or immovable property:- (i) A right to cut mango tree for 2 years. (ii) Sale of wheat crop which would be ready to harvest within one month. (iii) Oil engine attached to land by mortgagee. (b) Difference between movable and immovable property under Transfer of Property Act, 1882.
   • Q. 1/2021 Discuss the concept of Doctrine of fixtures. Vivek, the owner of a vacant piece of land, purchased a pump and pipes from Neeraj on hire purchase basis. The terms of agreement clearly specified that Vivek was to pay the total money in twelve equal instalments and till the money was paid, the ownership in these chattels would not pass on to Vivek. Vivek took the pump and the pipes and installed them in the land with the help of concrete and cement foundations. The pipes went deep into the earth. Vivek paid the first instalment and then sold the land to Sahil and failed to pay the rest of the instalments to Neeraj. Neeraj wants to enter the land now in possession of Sanil and recover his property. Can he do so? Discuss in light of relevant legislation and judicial precedents.
2. Section 6(a), 43 Spes Successionis, feeding the grant by estoppel
   • Q. 3-2016 (a) Distinguish between “Spes Succession” and rule of “Feeding the grant by Estoppel”. (b) ‘A’, ‘B’, ‘C’ owned a property in equal shares. ‘A’ and ‘B’ leased the whole property to ‘X’ as if they were entitled it to the exclusion of ‘C’. ‘C’ died and bequeathed his share to ‘A’ and ‘B’. Decide the right of ‘X’ with the help of relevant legal provisions and Case Laws.
   • Q3-2017 Rakesh has no title to Rockland but by making erroneous representation professes to transfer it to Suresh for consideration of 2 lakhs. Since Rakesh has no title Suresh acquires none from him. Subsequently Rakesh purchases Rockland from the true owner. Can Rakesh retain the Rockland or is he bound to hand it over to Suresh? Discuss the rule of feeding the grant by estoppels under Section 43 of the Transfer of Property Act, 1882.
3. Section 52 Lis Pendens
   • Q. 6-2016 (a) Explain the Doctrine of ‘Lis Pendens’ and state the essential conditions for application of section 52 of the Transfer of Property Act, 1882. (b) ‘A’ mortgage his house to ‘B’ and secure a loan of 10 lakh rupees. As per the terms of agreement, ‘A’ failed to repay the loan within stipulated time. ‘B’ filed a suit for foreclosure of the mortgage. During the pendency of this suit, ‘A’ makes a gift of the house to ‘C’ by a registered deed. The Court decreed the suit in favour of ‘B’. ‘B’ wants to execute the decree. Decide.
   • Q. 6-2017 Ajay, a member of joint family instituted a suit for partition of the joint family property against his father. However, the plaint was filed before the Court which did not have the jurisdictions to try it. Before it could be filed with the competent Court, father executed the mortgage of the same property. Will the mortgage be hit by the Rule of Lis pendent? Discuss the doctrine with the help of case laws.
4. Section 3 Notice
   • Q. 2-2016 (a) Discuss the Doctrine of ‘Notice’ (b) ‘A’ borrows Rs. 5 lakh from ‘B’ on an equitable mortgage of his land and deposits the original title deeds with ‘B’. ‘A’ then sells the said land to ‘C’ for Rs. 5 lakh and gives a copy of title deed to ‘C’ for inspection. ‘C’ asked for the original deeds and ‘A’ said that the had not got them but promised to show them in few days. ‘A’ failed to do so and ‘C’ made no further inquiry. Decide in the light of ‘Notice’.
   • Q. 2-2017 A person buying property in a Municipal area must be deemed to be aware that Municipal taxes are a charge on property, that there is a possibility of such taxes being arrears and it is duty of the buyer to inquire about such arrears; if he fails to do so he would be deemed to have notice of such taxes. (Naval Kishore v. Municipal Board of Agra, AIR 1943 All 115: ILR (1943) All 453.) Do you agree with the above Statement? Give reasons.
5. Section 122-126 Gift
   • Q 8c-2019 Essentials of Gift under TPA
6. Section 3 Attestation
   • Q 8 2016/2019 animo attestandi and attestation by Pardanashin women
7. Section 10 Condition restraining alienation
   • Q. 4-2016 (a) ‘A’ sells a plot of land to ^ prime B’ for consideration. In the transfer deed, prime A’ puts a condition that B’ would not sell it to anyone. ‘B’ agrees to abide by this condition. After the title passes and property vests in ‘B’, ‘B’ sells it to ‘C’. A’ files a suit claiming possession of the property, on the ground that B’ has committed breach of condition of contract. Decide whether such condition is valid as per legal provisions and decided cases. (b) X’ sells his agricultural land to ‘Y’ with a condition that ‘Y’ can cultivate only wheat but cannot grow the crops of paddy. Decide in the light of relevant legal provisions of the Transfer of Property Act, 1882.
   • Q. 3/2018 Discuss giving reasons the validity of conditions imposed in the following transfers: (a) Sale of a house with the conditions that purchaser has to use the house. For residential purpose & will not part with the possession of the said house in favour of any other person. (b) Sale of a house with the condition that purchaser will never construct on it a house obstructing the view of another house of the seller. (c) An absolute gift of a house with a direction that the donee shall reside in it. (d) A gift of a house with a condition that if the donee does not reside in it, the gift will be forfeited.
8. Section 58 Mortgage
   • Q. 7-2016 (a) What is “Clog on equity of redemption.” Explain. (b) ‘A’ executed an Anomalous mortgage of his land in favour of ‘B’ in 2010 for a period of 30 years with a condition that entire amount along with the interest would be payable at the time of redemption and property can be redeemed within 6 months after the completion of term. In 2015, ‘A’ expressed his intention to redeem the mortgage on ‘B’s refusal, ‘A’ filed suit for redemption of mortgage. ‘B’ pleads that such suit is premature & not maintainable. Decide.
   • Q. 4-2019 (a) Explain the statement, “Once a mortgage always a mortgage but nothing more than mortgage.” (b) On 1st September, 1990, Shyam executed a mortgage deed in favour of Krishan with the following conditions: (i) That Shyam or his heirs shall not be entitled to redeem the property within a period of 87 years. (ii) That after expiry of 87 years, it shall be redeemed within a period of 180 days and in case of failure to do so, the deed shall be deemed to be a sale deed. State whether the above conditions can be enforced against Shyam or his heirs. Discuss with the help of leading rulings.

PUBLIC INTERNATIONAL LAW LB-205

1. Meaning of International Law
   • Q 1-2016 Define the term International law? Does international law possess sanction?
   • What are the subjects of international law? Is it a really law?
2. Sources of International Law
   • Q 2-2016. Enumerate the Sources of International Law? How are treaties concluded and come into force?
   • Q. 2-2017. (a) “International Law is harmonious blend of customary as well as treaty law.” Discuss. (b) In a dispute between State A and State B over an island C. State A claims the title to it on the basis that State X had discovered that island first and it sold the same to State A. But State B argues that the island is in its continuous peaceful possession for more than 90 years and hence it had right over it. Decide.
3. State Responsiblity
   • Q 5-2016. Can a conduct directed or controlled by a state be attributed constate concerned for the purposes of fixing state responsibility? State A alleges that the terrorist attacks in one of its metropolitan cities are directed by another neighbouring state B’ through its military intelligence unit, State B’ denies this allegation and contends that the attack was the handiwork of private persons for which it is not responsible. State ‘A’ seeks your legal advice to file an application before the International Court of Justice. What would you advise?
   • Q 5-2018. What causes State Responsibility under internatio7nal law? What are the different forms of Reparation available to victim/aggrieved parties under international law? Discuss.
4. Law of the Sea
   • Q. 6-2016. What do you understand by the term “Continental shelf” ininternational law? What are the methods employed by the U.N.convention on the Law of the Sea, 1982 to delimit the continental shelves of two adjacent or opposite States? Discuss by citing the decided cases.
5. Rights and Duties of Coastal states over Continental Shelf
   • Q 8b-2017. Explain the rights and duties of coastal states over continental shelf?
   • Q. 6-2019. What do you understand by the terms “Territorial Sea”? What arethe rights and duties of coastal states over its territorial sea? What arethe methods adopted to measure the breadth of the territorial sea?
6. State Jurisdiction
   • Q. 5a-2017. Explain jurisdiction according to protective principles. X, an Indian politician, to avoid arrest by Lokayukta Authorities takes refuge in a merchant ship of State Y which is stationed in territorial sea of India. Can Indian Lokayukta Authorities arrest him?
   • Q 8a-2018. What are the different types of state jurisdiction available under international law?
7. Indian Constitution relevant provisions
   • Q 4-2016. Examine the practice of India relating to observance of international customary law with the help of constitutional provisions and judicial decisions?
   • Q. 4-2018. Explain the relevant provisions of India’s Constitution which empower the Union Government in signing ratifying as well as implementing the treaty obligationsA country P is a party to the Convention on the Elimination of All Forms of Discrimination Against Women, 1979, however, it has not Passed a law to protect the women Against sexual harassment at workplaces. Can the Supreme Court of the comply enforce the Convention obligations in case a women comes before it to get justice as she was sexually harassed at workplace. Discuss assuming that the Supreme Court of P perhaps the same jurisdiction as India?
8. Human Rights council established by UN
   • Q. 7-2016. Examine the origin, functions and powers of Human Rights council established by the United Nations. Did the council act positivelyvduring the Sri Lankan human rights violations during 2008-09 war?