LL.B. (Five Years) Sem 7 Administrative Law Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Answer in short, not more than two sentences 20 Marks

1. (1) What is the difference between Administrative law and Constitutional law?
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2. (2) What is conditional legislation?
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3. (3) What is implied Constitutional limit?
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4. (4) What do you mean by statutory exclusion of natural justice?
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5. (5) State any two grounds of appeal to the Supreme Court from the tribunal.
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6. (6) State the grounds on which the Government economic policy can be challenged in the Court.
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7. (7) What is constructive Res-Judicata?
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8. (8) Which case is followed in India as a precedent for sovereign and non-sovereign functions?
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9. (9) What is temporary injunction?
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10. (10) Define Ombudsman.
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Q.2 Write short notes, any four 20 Marks

1. (1) Legislative control of delegated legislation.
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2. (2) Central Bureau of Investigation.
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3. (3) Rule of law.
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4. (4) Constitutional safeguards to civil servants.
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5. (5) Sources of Administrative law.
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6. (6) PIL and judicial activism.
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Q.3 Solve, any two 12 Marks

1. (1) The petitioner's electric supply was disconnected on the allegation of theft of energy. Before disconnecting the electric supply no notice was served by the electricity board. This action was challenged by the petitioner.
   • (a) Can the electric supply be disconnected without notice? Explain.
   • (b) Is any right violated in the above case, explain?
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2. (2) The Director of Public Instruction refused to include a book for the school syllabus written by Manjula. Manjula, filed for a writ to compel the Director of Public Instruction to include her book in the list of text-books approved for the schools.
   • (a) Explain whether a writ can be issued in this case?
   • (b) In the above case for which writ can the application be made?
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3. (3) The Commissioner of Municipality sub-delegated the power to take proceedings against any person charged against certain offences under relevant statute to the Medical Officer. The Medical Officer delegated the power to the Licence Inspector. And the Licence Inspector filed a complaint against the accused.
   • (a) In the above case can the complaint be filed by the License Inspector?
   • (b) Is the doctrine of 'delegatus non protest delegare' applicable in the above case?
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Q.4 Answer the following, any Four 48 Marks

1. (1) What is a tribunal? Explain the reasons for the growth of tribunals in India.
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2. (2) Explain the maxim 'Nemo debet essex Judex in propria sua causa' with landmark judgments.
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3. (3) Explain delegated legislation in the pre-constitutional period and the post-constitutional period with relevant case laws.
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4. (4) Discuss the ordinary remedies, apart from the constitutional remedies to control administrative actions in India.
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5. (5) Define public corporation and explain the control of public corporation.
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6. (6) Define judicial review and explain the Constitutional provisions excluding judicial review.
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