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Conflict of Laws
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LLB 3 years · Sem 6
May 2012 Examination
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LLB 3 years Sem 6 Conflict of Laws May 2012 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the May 2012 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2012 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 · 24 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 the following in one or two sentences
20 Marks
(a)What is the 'position of the Law in India regarding 'Domicile of Choice'?
Answer
The rule in India. Part II of the Indian Succession Act, 1925 governs domicile for those it covers. A man acquires a new domicile, a domicile of choice, "by taking up his fixed habitation in a country which is not that of his domicile of origin" (section 10). So he needs two things: residence, and the intention to make that country his permanent home.
What is not enough. Living in a country only for government service, a profession or a calling is not, by itself, a fixed habitation (Explanation to section 10). Nor is residence for a fixed purpose, with an intention to return home when it is done (illustrations (iii) and (iv)).
Two special rules.
- By declaration. A person resident in India for one year may acquire an Indian domicile by a written declaration (section 11). It is deposited in an office the State Government appoints.
- Diplomats. An ambassador or consul does not acquire a domicile by living where he is posted (section 12).
How long it lasts. A new domicile continues until the former domicile is resumed or another is acquired (section 13).
A case. In Sankaran Govindan v. Lakshmi Bharathi, (1975) 3 SCC 351, a doctor from Travancore had lived and practised in England from 1920 until his death in 1950. The Supreme Court held that he had acquired a domicile of choice in England. His tastes, habits and plans showed an intention to stay permanently.
Conclusion. In India a domicile of choice is acquired by taking up a fixed habitation in another country (section 10). It continues until another is acquired or the old one is resumed (section 13).
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