Mumbai University Solved Question Papers
Conflict of Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
2018-19 Examination
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LLB 3 years Sem 6 Conflict of Laws 2018-19 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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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 2018-19 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the 2018-19 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2018-19 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 about one to two sentences
20 Marks
(1)Who is an appointed guardian?[2]
Answer
An appointed guardian is a guardian of a minor appointed or declared by a court. A natural guardian is one by relationship, and a testamentary guardian one by a parent's will. The Hindu Minority and Guardianship Act, 1956 lists "a guardian appointed or declared by a court" as one kind of guardian (section 4(b)(iii)).
The law. The Guardians and Wards Act, 1890 governs appointment for minors of every community.
- The power. Where the minor's welfare requires it, the court may appoint a guardian of the minor's person or property, or both (section 7(1)). It may also declare a person to be such a guardian.
- The court. For guardianship of the person, the application goes to the District Court where the minor ordinarily resides (section 9(1)).
- Welfare guides the choice. The court is guided by the minor's welfare, consistently with the law to which the minor is subject. It considers the minor's age, sex and religion (section 17(1), (2)). It also weighs the proposed guardian's character and nearness of kin, and a deceased parent's wishes.
- Limits. The court may not appoint a guardian of the person of a minor whose father or mother is living and not unfit (section 19(b)). Nor may it appoint anyone against his will (section 17(5)).
In the conflict of laws. Jurisdiction turns on ordinary residence, not domicile or nationality. In Ruchi Majoo v. Sanjeev Majoo, (2011) 6 SCC 479, the Supreme Court held ordinary residence the only test under section 9.
Conclusion. An appointed guardian is one the court appoints or declares under the Guardians and Wards Act, guided by the minor's welfare.
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