LL.B. (Five Years) Sem 3 History of Courts 2024-25 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Note: All questions are compulsory. Figures to the right indicate marks.

SECTION I - Q.1 Answer in not more than two sentences (Any six) (12 marks)

1. Q1 Why is judiciary considered as a main pillar of democracy?
   Read the model answer
2. Q2 Why is codification essential?
   Read the model answer
3. Q3 State the conditions for the disqualifications of the Advocates enrolled under the Advocates Act, 1961?
   Read the model answer
4. Q4 Who was the Governor-General who over hauled the entire Adalat system?
   Read the model answer
5. Q5 What constitutes the dual system of courts?
   Read the model answer
6. Q6 Who was instrumental in pioneering the establishment of rule of law in India?
   Read the model answer
7. Q7 What was the objective of Law Commission?
   Read the model answer
8. Q8 What was the main outcome of the Indian Law Reports?
   Read the model answer
9. Q9 What is Lex Loci?
   Read the model answer
10. Q10 Define writ of Prohibition.
    Read the model answer

SECTION II - Q.2 Write short Notes: (Any Two) (12 marks)

1. Q11 Significance of Privy Council.
   Read the model answer
2. Q12 Functions of the State Bar Council under the Advocates Act, 1961.
   Read the model answer
3. Q13 Working of the Supreme Court at Calcutta.
   Read the model answer
4. Q14 Separation of powers.
   Read the model answer

SECTION III - Q.3 Attempt any two of the following: (12 marks)

1. Q15 The Patna case pointed out that the administration of justice under the charter of 1773 was inadequate. The case was directly responsible for many provisions of the Act of the Settlement, 1781 to remove the evil effects of the Regulating Act. A) What was the main issue in this case? B) What were the effects of the decision held in this case?
   Read the model answer
2. Q16 The Revenue Council of Calcutta issued a writ for Kamaluddin in Committal without a bail. Kamaluddin obtained a 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 judgment.
   Read the model answer
3. Q17 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?
   Read the model answer
4. Q18 Swaroop Chand was a surety responsible for the payment of revenue of the company from Dacca. The balance due was fixed at Rs. 10,000/-. He deposited the balance in his capacity as the treasurer of revenues of Dacca provincial division. He was found in default to the treasury to the extent of Rs. 66,745/-. A) What was the defence taken by him in the present case? B) What was the decision taken by the Supreme Court?
   Read the model answer

SECTION IV - Q.4 Answer any two of the following: (24 marks)

1. Q19 Discuss the working of the Mayor's Court with special reference to the conflict between the Mayor's Court and the Governor-in-Council?
   Read the model answer
2. Q20 Compare and illustrate the salient features of the High Court under the Government of India Act, 1935 and the High Courts of India in present time?
   Read the model answer
3. Q21 Explain the dual system of Courts prevalent in India between 1834 and 1861.
   Read the model answer
4. Q22 Give the objectives of the Advocates Act, 1961 and explain how the Act brought about a change in the profession of lawyers.
   Read the model answer
5. Q23 Describe the different kinds of writs as enriched under the constitution of India. Also describe the principles applied in the adjudication of these writs.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.