LL.B. (Three Years) Sem 6 Conflict of Laws May 2026 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in one or two sentences (any six) (12 Marks)

1. Q1 What do you mean by lex situs?
2. Q2 What do you mean by material validity of contract?
3. Q3 What do you mean by lex loci delicti?
4. Q4 Which Indian Act provides that the domicile of origin prevails until a new domicile has been acquired?
5. Q5 Explain Section 44-A of the Code of Civil Procedure, 1908.
6. Q6 What is the Comity theory of Conflict of Laws?
7. Q7 Whose domicile is attached to a legitimate child?
8. Q8 In which case the English Court laid down the exception to the rule of Double Actionability?

SECTION II - Q.2: Write Short Notes (Any Two) (12 Marks)

1. Q9 Domicile of lunatics.
2. Q10 Lex Causae theory of Classification
3. Q11 Incidental Question
4. Q12 Admiralty jurisdiction in India

SECTION III - Q.3: Solve any two (12 Marks)

1. Q13 A and B both Indian nationals and domiciled in India got married in India as per the Special Marriage Act, 1954. After marriage, A and B moved to the USA. In the USA, due to their differences they decided to file for divorce. (i) Can A and B file for divorce in the USA? Give Reasons (ii) Which law will be applied by the Court in the USA?
2. Q14 A whose domicile is in French Settlement of Chandranagar, is compelled by political events to take refuge in Calcutta and continues resides in Calcutta even after such political changes have occurred as would enable him to return to Chandranagar. (i) Has A acquired the domicile in India? Give reasons (ii) What are the two conditions which need to be satisfied to effect a change in the domicile?
3. Q15 A mother and daughter both domiciled in Germany but residing in England were killed in an air raid by the same bomb in London. The daughter was entitled to movables under her mother's will if she survived her mother. But the English Court held that the deaths occurred simultaneously hence the daughter could not succeed to her mother's estate. (i) What is the name of this case? (ii) On which rule the case was decided?
4. Q16 In a case, an appellant, a Hindu married woman, filed a petition for maintenance under sec. 488 of the then Criminal Procedure Code, 1898 against her husband. The respondent-husband, who was in America for five years pleaded that his marriage with the appellant had been dissolved by the divorce decree of a court in Nevada (America). But the Supreme Court in India refused to recognize the Nevada Court decree. (i) What is the name of this case? (ii) Why the Nevada Court decree was not recognized by the Supreme Court?

SECTION IV - Q.4: Explain the following (any three) (39 Marks)

1. Q17 What do you mean by Conflict of Laws? When does Conflict of Laws apply? Discuss the sources of Conflict of Laws.
2. Q18 What do you mean by Formal and Essential validity of marriage? Discuss with relevant case laws.
3. Q19 Discuss the concept and utility of Renvoi. What are the theories of Renvoi?
4. Q20 Explain the procedure for enforcing foreign decree/judgment in India.
5. Q21 What are the rules for valid foreign adoption under the Indian law?

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