Q. I. Answer the following in not more than two sentences. (20 marks)
1. State ‘X’ discovers a new island and displays its flag there. Y occupies the island. After
some years X desires to recovers the island for Y. Decide
a) Whether an act of discovery is sufficient to confer title by occupation?
b) Support your answer with relevant case law
2. Two citizen of country X had reached the moon. They landed there by cosmic rocket.
They planted flages on the moon.
a) Can state X claim sovereignty over the area in which they landed?
b) Is so why?
3. Mr. Rajesh was illegally detained in prison for over four years, after his acquiltal due to
negligence of the jail authorities.
a) Is it a Human Rights violation?
b) Which article of the Indian Constitution has been violated?
*****
KISHINCHAND CHELLARAM LAW COLLEGE.
PRELIMINARY EXAMINATION – September 2009
Third year LL.B (Semester- V) – Civil Procedure Code
Date: September 24, 2009 Marks – 100.
Q. I. Answer the following in not more than two sentences. (20 marks)
1. Who is a next friend?
2. Who is a judgement debtor?
3. What is meant by set – off?
4. What is a consent decree?
5. What is an interpleader suit?
6. What is preliminary decree?
7. What is `precept’?
8. What do you mean by plaint?
9. What is substituted service?
10. `foreign court’ means
2. A lends money to B and C on 1st March, 1992. A files a suit against B for the sum on 1st
March 1995. On 15th March, 1995 A adds C as a co-defendant in the suit.
a) Is the suit filed in time?
b) Is suit against C barred by limitation?
c) What is the exception regarding relaxation of time for substituting or adding new
defendant?
3. A sues B to recover certain property alleging that B was holding the property under a
lease, which had expired. The lease is not proved and the suit is dismissed.
a) Can A file a subsequent suit on the basis of general title?
b) What is res judicata?
c) To constitute a matter as res judicata what conditions must be satisfied?
******
KISHINCHAND CHELLARAM LAW COLLEGE.
PRELIMINARY EXAMINATION – September 2009
Third year LL.B (Semester- V) – Interpretation of Statue
Date: September 24, 2009 Marks – 100.
Q.I. Answer in not more than two sentences (2 mks each)
20mks
1. What is the golden rule of interpretation of statue?
2. What is the presumption regarding jurisdiction of Court?
3. What is the presumption regarding operation of the statute?
4. What is the effect of non-obstante clause contained in a statue?
5. Which legislature is competent to enact the laws in respect of subject matters not enumerated in
State
List or Concurrent List?
6. Which types of statutes cannot be given retrospective effect?
7. Which are the laws to which the doctrine of eclipse applies?
8. What is the meaning of Contemporanea ?
9. Name any four of the internal aids to interpretation of statue?
10. What is the meaning of Noscitor-a-Sociis?
2. Road Traffic Act 1960 requires the driver of a motor vehicle to “STOP” after an accident
a) Does the ward “Stop” mean momentary stop?
b) Which rule of interpretation applies?
3. Employees State Insurance Act, S.53 provides that an insured person or his dependants will not be
entitled to any compensation or damages under the workmen’s Compensation Act, 1923 or any
other
law for the time being in force or otherwise in respect of an employment injury.
a) What is the kind or category of the statutes to which the Employees State Insurance Act
belong?
b) How the provisions of the ESI Act should be interpreted?
c) Is the employee entitled to claim damages in tort in view of the above provision contained
in ESI Act? Why?