University : Mohan Lal Sukhadia University
Degree : L.L.B
Subject : Legal Remedies
Year : III
Document Type : Question Paper
Website : mlsu.ac.in
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Legal Remedies Question Paper :
L.L. B. III Year Examination, 2001 (Three -Year Course)
(a) Legal Remedies Paper-VI (Old Scheme)
Time : 3 Hours
Related : Mohan Lal Sukhadia University Family Law-I L.L.B Question Paper : www.pdfquestion.in/5846.html
Maximum Marks : 100
Attempt four questions.
All questions carry equal marks.
1. What is meant by writ jurisdiction of the High Court- How does it differ with a similar jurisdiction of the Supreme Court of India- Will the High Court issue a writ even when an efficacious alternate remedy is available to the petitioner- 20
2. Discuss with illustration the different kinds of damages that may be awarded to a plaintiff under the Law of Torts- 20
3. Explain the scope of the Writ of Prohibition and distinguish it from the Writ of Certiorari. 20
4. How may administrative bodies be compelled by the Writ of Mandamus to act according to law- Explain. 20
5. What are the various judicial remedies available in the case of accidents, nuisance, environmental pollution and defamation- Examine critically. 20
6. What are the different kinds of injunctions- On what grounds they can be granted and vacated- When mandatory injunction is not granted- 20
7. In the case of breach of contract can the court award exemplary damages in India- What is the difference between liquidated damages and exemplary damages- Explain with illustrations. 20
8. Explain the law relating to declaratory decrees under the Specific
9. Write short notes on any two of the following :
(i) Cancellation of Instruments. 10(ii) Anticipatory Bail 10
(iii) Remedies for recovery of possession of immovable. 10
10. Stating the facts, explain the principles of law laid down in the Case of Hadley vs. Baxendale (1954) 9 Ex. 341. 20
Syllabus :
Paper – VI (Paper Code – 8006) : (Paper Name – Administrative Law)
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important Portions of the syllabus, examiners shall be free to repeat the questions set in the previous examination.
b. Leading cases prescribed under this paper may be read whenever they are relevant.
1. Definition, Nature, Scope, Rule of Law, Separation of Powers, Relationship between Administrative Law and Constitutional Law, Sources of Administrative Law, Government, Administrative Authorities and Bodies.
Statutory Corporations including their control, the extent of executive power, administrative finality and the court review. Delegated Legislation – Nature, Scope, Forms necessary, Control including Judicial Parliamentary and Legislative Conditional Legislation and subdelegation.
Administrative Process – Administrative Action, Administrative Discretion and Quasi-Judicial Elements in Administrative Procedure. Principles of Natural Justice and their Control, Doctrine of Bias, Audi Alteram Partem, Rights to consult, Reasoned Decision.
Administrative Adjudication – Reasons for Growth, Structure and Procedure for Administrative Bodies, like Tribunals, Finality of the Tribunal, Decisions, Administrative Tribunals Act, 1985.
Judicial Control of Administrative Action – Habeus Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto Writs, Redressal of Citizens Grievances, Central Vigilence Commission, Commission of Enquiry Act. Ombudsman, Lokpal, Lokayukta of the State of Rajasthan.
Government Liability in Torts and Contracts, Suits against the Government and Public Authorities.
Leading Cases :
1. Vasant Lal Magan Bhai v. State of Bombay, AIR 1961, SC 4.
2. G. Nageshwara Rao v. A.P. State Road Transport Corporation, AIR 1959, SC 308.
3. Harishankar Bhagla v. State of M.P., AIR 1954, SC 465.
4. State of Rajasthan v. Mst. Vidyawati AIR 1961, SC 933.
Syllabus :
Law Of Evidence :
Contents :
1. Preliminary : Application of Indian Evidence Act, Definition : Court, Fact – fact in issue and relevant fact, Evidence – meaning and its kinds, proved, disproved, not proved, may presume, shall presume and conclusive proof, presumptions of fact and law.
2. Relevancy of facts : Explaining – Res-gestae, occasion, cause, effect, motive, intention, preparation, previous and subsequent conduct, introductory and explanatory facts, facts and otherwise relevant become relevant, accidental and incidental facts. Facts which need not be proved, improper admission and rejection of facts.