BLS LLB 5 Years Sem 5 Legal Language 2024-25 ATKT Set 2 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer any Six questions in one or two sentences 12 Marks

1. Q1 The police arrested the smuggler. (Change into passive voice)
   Read the model answer
2. Q2 Heena won't mind if I use her book. (Add a question tag)
   Read the model answer
3. Q3 I visited the museum last week. (Identify the tense)
   Read the model answer
4. Q4 We must eat, or we cannot live. (Change into a simple sentence)
   Read the model answer
5. Q5 Give the full forms of the following: a) I.L.R b) L.L.J
   Read the model answer
6. Q6 Define Power of Attorney.
   Read the model answer
7. Q7 Explain the legal term Amicus Curiae.
   Read the model answer
8. Q8 Define Alibi.
   Read the model answer
9. Q9 Some people work best in the morning's others do better in the evenings (Punctuate the following)
   Read the model answer
10. Q10 "How will they get here?" (Change into Indirect Speech)
    Read the model answer

SECTION II - Write Short Notes on two of the following 12 Marks

1. Q11 Salus populi suprema lex
   Read the model answer
2. Q12 Differentiate between Plaint & Complaint
   Read the model answer
3. Q13 Caveat Emptor
   Read the model answer
4. Q14 Audi Alteram Partem
   Read the model answer

SECTION III - Answer any two of the following 12 Marks

1. Q15 THE MATERNITY BENEFIT ACT, 1971 (Act No. 53 of 1961) [12 December 1961] An Act to regulate the employment of women in certain establishment for certain periods before and after Child-birth and to provide for Maternity benefit and certain other benefits. BE it enacted by parliament in the 12th year of the Republic of India as follows:
   • 1. Short title, extent and commencement-
   • i) This act maybe called the Maternity Benefit Act, 1961
   • ii) It extends to the whole of India
   • iii) It shall come into force on such date as maybe notified in this behalf in the official gazette.
   • (A) In relation to mines and to any other establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances by the Central Government.
   • (b) In relation to other establishment in state, by the State Government. Identify the following: i) Short Title ii) Official Citation iii) Enacting Formula iv) Preamble
   Read the model answer
2. Q16 THE PROTECTION OF HUMAN RIGHTS ACT, 1993. ACT NO. 10 OF 1994 [8th January, 1994.] An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:
   • 1. Short Title, extend and commencement.
   • 2. This Act may be called the Protection of Human Rights Act, 1993.
   • 3. It extends to the whole of India provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List III in the Seventh Schedule to the Constitution as applicable to that State.
   • 4. It shall be deemed to have come into force on the 28th day of September, 1993. Identify the following: i) Extent ii) Long title iii) Short title iv) Date of commencement
   Read the model answer
3. Q17 THE MEDICAL TERMINATION OF PREGNANCY ACT 1971 [Act No. 34 of 1971] 10th August 1971. An Act to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:
   • 1. Short title, extent and commencement.
   • (1) This Act may be called the Medical Termination of Pregnancy Act, 1971.
   • (2) It extends to the whole of India.
   • (3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint. Identify the following: i) Short Title ii) Official Citation iii) Enacting Formula iv) Preamble
   Read the model answer
4. Q18 How to search case laws for negligence under Tort laws.
   Read the model answer

SECTION IV - Answer any Two of the following 24 Marks

1. Q19 Write an essay on "Impact of technology on law enforcement practices & strategies."
   Read the model answer
2. Q20 Write an essay on English as a global language.
   Read the model answer
3. Q21 Explain the guidelines laid down under Vishakha vs. State of Rajasthan.
   Read the model answer
4. Q22 Explain the guidelines laid down under M.C. Mehta vs. Union of India.
   Read the model answer
5. Q23 Explain the importance of law reports and mention the features of two law reports.
   Read the model answer
6. Q24 Read the following passage and answer the following questions: Recently, in a court case, lawyers argued that the deity in a temple is a legal entity and therefore, the deity's legal rights have to be protected. The deity's legal rights and desires and wishes, are expressed through the hereditary priests who manage the temple and who have been doing so for several generations. This draws our attention to a very important but overlooked theme in Indian society where gods play significant role in establishing society. Deities have always played an important role in social engineering and we have to think about it carefully. In ancient tribes how did you bind people together? Everybody had a different opinion, this could have led to tensions between members over resource allocation, job allocation. One of the ways in which the tribe was kept together was by establishing an impersonal deity, to whom all are beholden and this deity's wishes were expressed through the dreams of shamans and everybody submitted to this dream. The shamans, by staying away from the main tribal settlement, declared they had no vested interests. By submitting to this deity's dreams members remained part of the tribe. By rejecting the deity's dreams, you would be out of the tribe. Hence the deity or the God of the tribe played a key role in binding the tribe together, which is why every tribe had its own totemic god as the anchor of its identity. The deity, in effect, expressed the will of the tribe. Modern institutions are essentially impersonal entities that are treated by law, as a person and, therefore with rights and responsibilities. In ancient times, this role of an institution was played by a tribal god or village god (grama devata) or the clan god (kula devata). The earliest idea of institution comes from the Roman Empire, where the senators owed allegiance not to the king or Caesar but to the city of Rome. Later, Rome was replaced by the Church and the priestly class functioned in the name of the church. Authority came from a supernatural force. The assumption here was that supernatural and impersonal entities are fairer. However, life is never so simple as the gods cannot speak, just as an institution cannot speak. An institution expresses its will through its board of directors and its management committee, in the same way a deity expresses its will through its management committees, the priests and trustees. In modern times, in temples like Siddhi Vinayak in Mumbai and Sai Baba Shirdi temple, there are trusts which comprise of politicians and priests, who manage the funds of these institutions. In India, many people abhor the idea of giving taxes to the state but they have no problem in giving large amounts of money, even shares of their companies, to the deity because they feel they will receive karmic dividends. Thus, these temples are flush with funds which are then managed by the committees of the temple, which in a way embodies the will of the deity in a temple. This has been happening since ancient times, only then the managing committee were just hereditary Brahmin families and the king. In Puri Odisha, the Gajapati kings are considered living embodiments of the divine. Temple cities like Kanchipuram, Madurai, Thiruvananthapuram, were designed with the temple as the most imposing structure of stone in the center, the royal palace was made of wood next to it. Brahmins and courtiers lived around this temple-palace complex. Then came the markets. Then the fields. Finally the outlier space for service-providers, who were involved in cleaning the city, hence deemed 'untouchables' (Hinduism's darkest legacy). With the help of the temple, and its impersonal deity, the Brahmins helped the king bind various clans and communities and tribes. For example, in the tribal areas of Madhya Pradesh and Chhattisgarh, the chariot of the Goddess is built part by part by various tribes. They all have to come together to build this chariot. A teamwork, a collaboration, that binds people together. One can argue that deities in India, and their temple culture, through the priestly class functioned as an impersonal proto-institution that bound communities together and helped legitimize the kingship. It made the kingdom not the king's property but the king's responsibility. The king was merely a trustee who takes care of the deity's people. But the quality of the deity's will like the quality of an institution's value is a function of the biases of the management committee, the male Brahmins in this case. It is time their 'divine' dreams moved out of medieval times and became more in line with the modern times.
   • a) Why do the Indian citizens donate large amount of funds to the temples but not to the Government of India as income tax? 03
   • b) How does a deity express his will? 03
   • c) How was the tribes kept together? 03
   • d) What assumptions can be drawn from the above passage? 03
   Read the model answer

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