Mumbai University Solved Question Papers
Land Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Nov 2014 Examination
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LLB 3 years Sem 4 Land Laws Nov 2014 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2014 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2014 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2014 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer in 2-3 sentences each
20 Marks - 2 marks each
(a)What do you mean by "Impounding"?[2]
Answer
Impounding means seizing and keeping an instrument that is not duly stamped. The proper duty and penalty are then recovered before anyone acts on it.
Who must impound (section 33(1), Maharashtra Stamp Act, 1958). Two classes of persons:
- every person having authority to receive evidence, by law or by consent of parties, such as a court or an arbitrator; and
- every person in charge of a public office, such as a Sub-Registrar.
Police officers and officers investigating offences are excluded. If such a person thinks an instrument produced before him is chargeable and "not duly stamped", he "shall ... impound the same". This applies "irrespective whether the instrument is or is not valid in law".
Related rules.
- He must examine every chargeable instrument that comes before him (section 33(2)). A criminal court need not impound, except in maintenance proceedings and disputes about immovable property under the Code of Criminal Procedure.
- A registering officer may impound an under-stamped instrument even after registration (section 33A).
- The instrument is inadmissible until the duty is paid with a penalty (section 34). The penalty is 2 per cent a month of the deficit, up to four times the deficit.
- The impounding officer sends it to the Collector, who recovers the duty and penalty and certifies it (sections 37 and 39).
Case law. In Avinash Kumar Chauhan v. Vijay Krishna Mishra (2009) 2 SCC 532, an under-stamped and unregistered sale deed was tendered only to prove possession. The Supreme Court held that it could not be received even for a collateral purpose. The court had to impound it and collect duty and penalty first.
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