Q. 4 (a). Austin divides Jurisprudence into “General and Particular. To what extent Salmond and Holland agree with this division? Ans. Austin’s division of Jurisprudence-Austin divides jurisprudence into general and particular jurisprudence. General Jurisprudence- By “general jurisprudence” is meant science of positive law not limited to one particular place. It is a … Read more
Q. 4 (a). Discuss the constitution and functions of the Labour Court constituted under the provisions of the Industrial Disputes Act, 1947. Ans. Constitution of the Labour Court-The State Government or Central Government, whichever is the appropriate Government, may constitute one or more Labour Courts. One person is appointed as the presiding officer of the … Read more
Q. 2. Define and explain the following: 1. Fact, 2. Facts-in-issue, 3. Document, 4. Proved, not proved and disproved, 5. May presume, 6. Shall presume, 7. Conclusive proof. Ans. 1. Fact As a general concept, the term ‘fact’ means an existing thing. It does not refer to a mental … Read more
Principles of Insurance Q. 8. Discuss the nature & definition of contract of insurance. Ans. Nature of Contract of Insurance. Insurance may be defined as a contract between two parties whereby one party called insurer undertakes, in exchange for a fixed sum called premiums, to pay the other party called insured a fixed amount of … Read more
Incomes Exempted from Tax Q. 6. Discuss any 25 incomes which do not form part of total income. Ans. In the following cases, income is absolutely exempt from tax, as it does not form part of total income, the burden of proving that a particular item of income falls within this section is on the … Read more
Injuria sine damno Damnum sine injuria Q. 2 (b). Explain the following two maxims and distinguish between them: (1) Injuria sine damno. (2) Damnum sine injuria. Or “Injury with or without damages is actionable in law of torts but damage without injury is not actionable.” Explain this statement with suitable case law. Ans. … Read more
Q. 7. Write an affidavit to be presented before the Secretary, Board of Education, Allahabad, U.P. regarding the loss of High School Certificate and issue of a duplicate thereof. Ans. Affidavit Secretary, Board of Higher Education, Prayagraj, U.P. It is earnestly requested to … Read more
Q. 4 (b). Discuss the essentials of a valid Muslim marriage. Ans. Essentials of Muslim marriage. The essentials of a valid marriage under Muslim Law are as follows: 1. Proposal and acceptance. 2. Consent. 3. Witnesses (under Sunni Law). 4. Capacity to marry or capacity to be married. 5. No impediments to marriage. 1. Proposal … Read more
Q. 7. What type of cases can be filed directly to the Supreme Court of India? What precaution should be taken in filing a case directly to the Supreme Court? Ans. The following two types of cases can be directly filed in the Supreme Court:- (1) Under the first category, under Article 131 of the … Read more
Q. 3(b). Can a party to a suit apply for amendment in the opponent’s pleading? What is the effect of failure to amend the pleading within the fixed time? Ans. Amendment in the opponents’ pleading.- Under Order VI, Rule 16, any party to a suit may apply to the court for order of amendment in … Read more