LL.B. (Five Years) Sem 7 Administrative Law Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (a) What is primary object of Administrative Law?
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2. (b) What is the doctrine of excessive delegation?
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3. (c) What is difference between limitation and laches?
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4. (d) What is irrelevant consideration?
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5. (e) According to Wade, doctrine of natural justice, comprises of two fundamental rules. What are they?
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6. (f) What is legal representation?
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7. (g) What is doctrine of Promissory estoppel?
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8. (h) What is pecuniary bias?
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9. (i) Audi alteram Partem means .
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10. (j) What is doctrine of separation of powers?
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Q.2 Write Short Notes, any four 20 Marks

1. (a) Ridge Vs. Baldwin.
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2. (b) Droit administratif.
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3. (c) A.K. Kraipak Vs. Union of India.
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4. (d) Grounds for exclusion of Natural Justice.
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5. (e) Parliamentary control over delegated Legislation.
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6. (f) Functions of Civil Service.
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Q.3 Solve the following, any two 12 Marks

1. (1) 'A' the owner of mineral development corporation was granted mining licenses for 99 years. But after some correspondence Revenue Ministry issued notification to cancel licenses after 5 years. 'A' had contested Lok Sabha Election against Revenue Minister and Minister had filed criminal case against A.
   • (a) Whether action of Revenue Ministry is liable for challenge in court of Law and if yes on which ground?
   • (b) Which type of bias is applicable in this case?
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2. (2) A Sports Federation had organised international sporting competitions at Kolkata. It was noticed that sports material and equipment of inferior grade had been used, and that the stadium had not been built to international standards and norms. All these matters were given prominent publicity in the media, and allegations of corruption, malpractice and favouritism were made against the Sports Federation.
   • (a) Can an Indian citizen file a public interest litigation in the High Court on such a matter and ask for an enquiry and for action to be taken?
   • (b) What can the role of the court be in such a matter?
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3. (3) Section 42 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 gives the State Government the power to decide questions relating to the disqualification of a councillor, a president or a vice-president. That power is judicial in nature and is connected with the policy matters that the decision requires. The power is, however, exercised by the Secretaries instead of the Ministers.
   • (a) Can the Secretaries lawfully exercise such a power, and can disqualification matters be decided by them?
   • (b) Is a delegation of this kind permissible?
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Q.4 Answer the following questions, any four 48 Marks

1. (a) Define "Administrative Law" and discuss its scope and objects.
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2. (b) Discuss critically Dicey's doctrine of "Rule of Law".
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3. (c) Explain the maxim "Nemo debet esse judex in propria sua causa" with reference to the leading cases on it.
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4. (d) What is meant by "administrative discretion"? Explain the concept of judicial review of discretionary power.
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5. (e) Explain the doctrine of "Proportionality".
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6. (f) Define "Public Interest Litigation" and explain the concept through the judgments of the Supreme Court and the High Courts.
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