B.A. LL.B. (Five Years) Sem 10 Conflict of Laws May 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer the following in one or two sentences (20 Marks)

1. (a) What do you mean by Conflict of Laws?
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2. (b) What is Zihar under Muslim Personal Law?
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3. (c) What is the domicile of Corporation?
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4. (d) Who is considered as Natural Guardian?
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5. (e) What is lex contractus?
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6. (f) What is the minimum age of marriage in India?
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7. (g) What is status?
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8. (h) Write two grounds of validity of contracts in India.
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9. (i) Give any one difference between Public and Private International Law.
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10. (j) What principle was enunciated in Boys vs. Chaplin?
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Q.2 Q.2: Write notes (any four) (20 Marks)

1. (a) Foreign Court Theory.
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2. (b) Rome Convention.
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3. (c) Capacity to Marry.
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4. (d) Proper law of tort
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5. (e) Kinds of Jurisdiction.
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6. (f) Muta Marriage
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Q.3 Q.3: Solve any two (12 Marks)

1. (1) A Nigerian Muslim man, aged 26, married a Nigerian girl aged 13. The marriage is valid by Nigerian law. Shortly afterwards the couple moved to England and lived together there. (a) What do you mean by ante-nuptial domicile? (b) Is the marriage of the couple invalid? How?
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2. (2) A bill of lading was issued in respect of goods shipped aboard a Nova Scotian ship to be carried from Newfoundland to New York between residents in those countries, and it provided that it was governed by English law. (a) What was decided in this case? (b) What is the name of the case?
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3. (3) American Court passed on ex-parte interlocutory order of custody in favor of father of 10 yrs old boy. Mother was unhappy and so moved the child from USA to India (Mumbai). (i) What is the basic purpose of custody order? (ii) Name the international convention to check abduction of child from custody of parent? Is India signatory to it?
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Q.4 Q.4: Answer any four (48 Marks)

1. (a) Discuss the approach of the English Court towards the problem of classification. Cite Case Law.
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2. (b) What is conflict of law? Trace the origin and development of the conflict of law.
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3. (c) What do you understand by status? discuss universality of status with exceptions to it.
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4. (d) How is domicile of choice acquired and lost? Discuss with reference to Case Law.
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5. (e) Doctrine of Renvoi?
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6. (f) Critically discuss the Foreign Court Theory.
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