LL.B. (Five Years) Sem 3 History of Courts 2022-23 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Note: (1) All questions are Compulsory. (2) Figures to the right indicate marks.

SECTION I - Q1 Answer the following in not more than two sentences (any six out of Ten) (12 marks)

1. Q1 What is the basic principle of Rule of Law?
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2. Q2 Which Courts have the power to issue Writs?
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3. Q3 What is the doctrine of Separation of Powers?
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4. Q4 What is the purpose of Independence of judiciary?
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5. Q5 What does the latin expression "La Legalite" signify?
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6. Q6 What was the main objective of the Regulating Act, 1773?
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7. Q7 What constitutes the dual system of courts?
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8. Q8 What was the main outcome of the Indian Law Reports Act of 1875?
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9. Q9 What is the main objective of the Law Commission?
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10. Q10 What acts as an instrument to effect change in law through the Courts and legislatures?
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SECTION II - Q2. Write Short Notes on (any Two) (12 marks)

1. Q11 Role of Bar Council in India.
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2. Q12 Working of the Supreme Court in Calcutta.
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3. Q13 Independence of judiciary.
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4. Q14 Courts of Records.
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SECTION III - Q3. Attempt any two of the situation based questions. (12 marks)

1. Q15 In Murshidabad provincial Council, Gorachand Dutt filed a suit against Mirza Jalleel for the recovery of the sum from him and Mirza claimed that a larger sum was due from Dutt. The council dismissed the action brought by Gorachand Dutt and accepted the counter-claim made by Mirza Jalleel. Gorachand brought a suit in the Supreme Court against Hossiyar the Chief Provincial Council. (a) What are the contentions of Gorachand Dutt before the Supreme Court? (b) What does the case reveal about the Supreme Court?
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2. Q16 The Patna case proved that the administration of justice under the Charter of 1773 was totally inadequate. The case was directly responsible for many provisions of the Act of Settlement, 1781, which was enacted to remove the defects of the Regulating Act, 1773. (a) Elucidate the facts of the case? (b) Describe the effects of the decision held in this case?
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3. Q17 The revenue Council of Calcutta issued a writ for Kamaluddin committal without bail. Kamaluddin obtained the writ of Habeas Corpus and set himself free. The Supreme Court granted the Writ through the bail and held that the facts submitted by the council were defective. (a) Mention the facts of the case? (b) Describe the effects of the judgement?
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4. Q18 The conflict between the Supreme Court and the Supreme Council began after the Regulating Act reached the climax in this case. The Supreme Court claimed its jurisdiction over the whole native population which was strongly opposed by the Supreme Council. The parliament passed the Act of settlement, 1781. (a) Identify the case and briefly give the facts? (b) What was the conflict between the Supreme court and Supreme Council?
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SECTION IV - Q 4. Answer any Two of the following (12 marks as printed; see note)

1. Q19 Elucidate the concept of Rule of Law with special reference to post independence?
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2. Q20 Describe the salient features of the High Courts under the The High Courts Act, 1861?
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3. Q21 Explain the dual system of Courts prevalent in India between 1834 and 1861?
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4. Q22 Explain the role of Law Commission in modern India towards the Law Reforms?
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