LL.B. (Three Years) Sem 6 Conflict of Laws Oct 2025 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Please check whether you have got the correct question paper. 2. All questions are compulsory. 3. Figures to the right indicate marks. 4. Give reasons/case law wherever necessary.

SECTION I - Q.1: Answer the following in not more than two sentences (Any 6) (12 Marks)

1. Q1 What is lex loci celebration?
2. Q2 Define polyandry.
3. Q3 What is lex situs?
4. Q4 What is the floating island theory?
5. Q5 What is commercial domicile?
6. Q6 Define Statute.
7. Q7 What is Muta Marriage?
8. Q8 Define civil death.

SECTION II - Q.2: Write short note on (Any 2) (12 Marks)

1. Q9 Restitution of conjugal rights.
2. Q10 Difference between Money of Account and Money of Payment.
3. Q11 Jactitation of marriage.
4. Q12 Legal position of tort committed in or from Air.

SECTION III - Q.3: Situational problem (Any 2) (12 Marks)

1. Q13 Cabrera, a former President of ABC country deposited a substantial sum of money with a Bank in London. He later assigned this debt to his infant son. At the time of the assignment, both Cabrera and his son were domiciled and resident of ABC country. The assignment was valid if tested by English municipal law, but invalid by the law of ABC country, which required the assignment to be made on stamped paper before a public notary and accepted by a next friend appointed by the court on behalf of the infant assignee, requirements which had not been complied with. (a) Write the name of a case based on similar facts. (b) What was the decision?
2. Q14 During the Second World War the Burmese Government passed an Act. The Accrual of Interest War Time Adjustment Act (Burma Act XI of 1947), directing that no interest shall accrue or be payable upon any loan or mortgage other than usufructuary mortgage made in Burma before the 5th May, 1942, for or in respect of the period which falls within the 8th day of December 1941, and the date on which the provisions of Sec. 7 of the Courts (Emergency Provisions) Act, 1943, ceased to operate. The parties had entered into a contract in Burma while they were doing business there and when both India and Burma were included within the British Empire. The contracting parties subsequently became nationals or citizens of the Indian Republic, and the judgment-debtors claimed the benefit of the Accrual of Interest War Time Adjustment Act (Burma Act XI of 1947). (a) Give the name of the case mentioned in the problem. (b) Explain the judgement in short?
3. Q15 The petitioner was born of Indian parents in the district of Fathepur and has been living the his birth in this country. He was in India on 26th January, 1950, when the Constitution of In came into force. The petitioner's father Syed Siddiq Hasan migrated to Pakistan in 1948 leaving behind the petitioner who was then a minor and his younger brothers and sisters in India. (a) What rule is applicable for domicile of infants? (b) What is the difference between Domicile of Origin and Domicile of Choice?
4. Q16 The parties who were Nigerians and lived in Nigeria married themselves there according to Nigerian law. That law permitted polygamy. They subsequently came to England and went through a ceremony of marriage at a registered office in London. On account of trouble between husband and wife there, the wife seeks divorce from an English Court. (a) Has the English Court jurisdiction to pronounce a decree nisi for dissolution of marriage between the parties professing Christian faith? (b) On what grounds will an English court assume jurisdiction to make a decree of judicial separation?

SECTION IV - Q.4: Answer in detail (Any 3) (39 Marks)

1. Q17 Discuss various theories of conflict of laws.
2. Q18 Critically analyse Doctrine of Renvoi with examples.
3. Q19 Jurisdiction of English courts on foreign immovable and movable property.
4. Q20 Write special rules applicable to acquisition of domicile of dependence by persons under disability.
5. Q21 Discuss law relating to legitimacy and state by what law question of legitimacy is determined?

Read from the scan above, so a character or two may differ. The scan is the original.