LL.B. (Three Years) Sem 3 Administrative Law Dec 2024 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate maximum marks. 3. Cite relevant case laws wherever necessary.

Q.1 Answer the following questions in one or two sentences, any six 12 Marks

1. (a) Mention any two postulates of the Doctrine of Rule of Law.
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2. (b) Highlight any one difference between Red Light Theory and Green Light Theory.
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3. (c) What is the basic difference between Mediation and Conciliation?
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4. (d) State any two functions or powers of the Central Vigilance Commission.
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5. (e) What is meant by Doctrine of Legitimate Expectation?
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6. (f) What is meant by Droit Administratiff?
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7. (g) What is the main purpose behind enactment of the Right to Information Act, 2005?
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8. (h) Mention any two points of differentiation between Courts and Administrative Tribunals.
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Q.2 Write short notes, any two 12 Marks

1. (a) Sub-Delegation
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2. (b) Tortious Liability of the Government
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3. (c) Speaking Orders
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4. (d) Characteristics of Quasi-Judicial Functions
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Q.3 Situation based questions, any two 12 Marks

1. (a) The relevant rule made by the State Government of Kerala provided that no school leaving certificate shall be granted to any person unless he has completed 15 years of age. However, the Director was empowered to grant exemption from this rule in deserving cases under certain circumstances. In the present matter, Director X laid down an invariable rule of not granting exemption unless the difference in age was less than 2 years.
   • (a) According to you, whether Director X has acted in accordance with principles of administrative law? Substantiate your answer.
   • (b) What is meant by 'failure to exercise discretion'? Enumerate any three circumstances which are within the meaning of failure to exercise discretion.
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2. (b) The management of a Company was taken over by the Government without giving any prior notice or hearing.
   • (a) Comment upon the legality of the impugned action of the Government with the aid of reference to any one landmark judgement. Cite the relevant principle or doctrine applicable in the instant matter.
   • (b) Briefly highlight the legal remedy available to the aggrieved Company.
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3. (c) Mr. B.K. Mondal, a contractor, constructed a building for a governmental establishment in pursuance of the request made by a government officer. The possession of the building was taken by the officer and it was used for official work of the government. However, as no payment was made to the contractor, he sought legal action against the State of West Bengal.
   • (a) Whether any liability of the Government exists in light of the facts and circumstances of this case? Substantiate your answer.
   • (b) Cite the applicable Constitutional and legal provisions.
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4. (d) Air India Corporation framed a regulation according to which the services of an air-hostess shall stand terminated on her first pregnancy. The constitutionality and legality of the said regulation was challenged in the court of law.
   • (a) On what ground may the said regulation be challenged? What order may be sought in regard to the Air India Corporation's regulation?
   • (b) Cite the relevant constitutional provisions and the relevant principles applicable in the instant matter.
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Q.4 Essay Type Questions, any three 39 Marks

1. (a) Fully examine the Doctrine of Separation of Powers in light of landmark pronouncements of the Supreme Court of India.
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2. (b) Mention the three fundamental principles of Natural Justice and discuss 'Rule against Bias' in detail.
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3. (c) Discuss in detail: 'Judicial Review of Administrative Discretion in India'.
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4. (d) Discuss in detail "Civil Services in India: Organization, Powers and Functions".
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5. (e) Explain the significance of Writs in Administrative Law and describe in detail the various kinds of writs and their application.
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