LL.B. (Three Years) Sem 3 Administrative Law Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Attempt all questions. 2. Figures to the right indicate full marks. 3. Support your answers with relevant case laws.

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

1. (a) What is doctrine of excessive delegation?
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2. (b) What is irrelevant consideration?
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3. (c) What is pecuniary bias?
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4. (d) State Dicey's three postulates of Rule of Law.
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5. (e) Define Delegated Legislation.
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6. (f) State two functions of the Vigilance Commission.
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7. (g) What is a quasi-judicial function?
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8. (h) What is "droit administratif"?
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9. (i) Define "Ombudsman".
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10. (j) Define "Procedural Ultra Vires"?
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Q.2 Write Short Notes, any four 20 Marks

1. (a) Ridge Vs. Baldwin.
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2. (b) A. K. Kraipak Vs. Union of India.
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3. (c) Doctrine of separation of power.
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4. (d) "Delegetus Non Protest Delegare".
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5. (e) Central Bureau of Investigation.
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6. (f) PIL and judicial activism.
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Q.3 Solve, any two 12 Marks

1. (1) A Regional Engineering College made admissions of candidates on basis on oral interview after a written test. The marks allocated for oral test were one-third of the total marks. This admission procedure was challenged by one candidate as arbitrary action.
   • (a) Does allocation of one-third marks of the total marks for oral test violate any legal provision? Explain.
   • (b) Write the judgement in the above case.
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2. (2) Mr. 'X' was carrying on business of Fertilizer and Foodgrains. The vigilance Cell of Govt. raided premises and seized huge stock on the charge of irregularity, however no such things proved. Meanwhile due to non-disposal of stock of Food and Fertilizer within time it turned unusable, compensation was claimed by 'X' from Govt.
   • (a) Can 'X' be entitled for compensation from Government? If so, under which ground?
   • (b) Which principle of administrative law is involved in this case?
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3. (3) 'A' developer and builder had a agreement with Government and Metropolitan Development Authority under which developer was allowed to develop certain acres of land to construct affordable houses for middle class people in the Mumbai City and hand over part of them to the State Government. But it is found that Mr. 'A' had built palaces for those who can afford Bentley's and Ferrari's (rich people).
   • (a) Can this action of the builder is liable to be challenged in High Court or Supreme Court under P.I.L.
   • (b) As per your opinion what would be the judgement of Court?
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Q.4 Answer the following, any four 48 Marks

1. (a) Critically discuss the Dicey's Doctrine of Rule of Law. Elaborate its application in Indian Constitution.
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2. (b) Explain the principle "Nemo debet esse judex in propria causa" with leading case laws.
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3. (c) Elaborate the concept of Public Interest Litigation with reference to leading High Court and Supreme Court Judgements?
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4. (d) Discuss the characteristics of Administrative Tribunals.
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5. (e) Discuss the prerogative writs under Article 32 and Article 226 of the Indian Constitution?
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6. (f) Explain judicial control over delegated legislation?
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