LL.B. (Three Years) Sem 6 Conflict of Laws May 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer the following in one or two sentences (20 Marks)

1. (a) What is the 'position of the Law in India regarding 'Domicile of Choice'?
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2. (b) What is the minimum age of marriage in India?
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3. (c) Give one reason when foreign Judgment is not conclusive as provided in Code of civil Procedure (Amendment) Act, 1999.
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4. (d) Write two grounds of validity of contracts in India.
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5. (e) What do you mean by the word 'Khula' under Muslim Law?
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6. (f) Who is the guardian of major unmarried girl who is capable of maintaining herself?
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7. (g) What do you mean by the principle Choice of Law?
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8. (h) Can a married Hindu adopt in India? Justify your answer in short.
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9. (i) What do you mean by Status?
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Q.2 Q.2: Short Notes (any four) (20 Marks)

1. (a) Kinds of Jurisdiction
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2. (b) Public Policy: a ground to exclude foreign law
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3. (c) Domicile of corporation
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4. (d) Difference between Private and Public International Law
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5. (e) Formal validity by lex loci celerations
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6. (f) Need of Recognizing Foreign Judgment.
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Q.3 Q.3: Solve the following (any two) (12 Marks)

1. (a) A marriage was celebrated in France between a domicile Frenchman and domiciled English woman. The French man was at all material times resident of France. The wife petitioned before an English court for annulling the marriage on the ground that the marriage was voidable due to willful refusal to consummate the marriage or inability to consummate it. (i) Which law will be applicable to determine the case? (ii) What do you mean by annulment of voidable marriage?
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2. (b) American Court passed an ex parte interlocutory custody order in favour of the father of a 10 year old boy. The mother was unhappy with the decision. She removed the child from US and came with him to New Delhi. (i) What is the name of International Convention to check abduction of child from custody of other parent? Has India signed the Convention? (ii) What is the basic purpose of custody order?
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3. (c) A Bill of Lading was issued in respect of goods shipped abroad a Nova Scotian ship to be carried from Newfoundland to New York between residents in those countries provided that it was governed by English law. (i) What is the name of the case? (ii) What was held in this case?
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Q.4 Q.4: Answer in detail (any four) (48 Marks)

1. (a) Examine citing cases the approach of English courts towards the problem of classification.
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2. (b) How is domicile acquired and lost? Cite relevant cases.
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3. (c) Explain with reference to decided cases whether Foreign Court Theory solves the problems of Renvoi.
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4. (d) Trace the history of Private International Law.
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5. (e) Mention and explain any five relevant sections of Code of Civil Procedure (Amendment) Act, 1999.
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6. (f) Discuss ideas of tort of recent importance in Private International Law.
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