MAHIPATGAD - VIII (2009 Course) : WINTER - 2016 / Subject : Optional - IV : a) Human Rights Day : Thursday Time : 02.30 PM TO 05.30 PM Date : 06/10/2016 HEHE Na Max Marks : 80 Total Pages : | NBs 1) Attempt ANY SIX questions including Q.No.1 which is COMPULSORY. 2) Q.No.1 carries 20 marks and all other questions carry 12 marks each, Qu Write short notes on ANY FOUR of the following: a) Genocide b) Death penalty ©) Rights of child in India d)_ Vienna Conference, 1993 ©) Concept of Human Rights / f) Rights of Disabled Persons Q2 Explain the concept of International Humanitarian Law. Discuss how international humanitarian law developed at international level. Qs Explain similarities and differences between Covenant on Economic, Social and Cultural rights and Indian Constitution. Q4 Critically discuss rights of indigenous people under international law. Qs “European Convention on Human Rights have its own contribution in development ‘of Human Rights”. Discuss with the help of provisions under Convention. Q6 Discuss in detail provisions regarding Convention on prevention of torture, cruel, inhuman degrading treatment and punishment. Q7 Explain in detail evolution of Human Rights in India. Qs Explain the concept of slavery and slave trade. How it is prohibited at national and international level. Qo Discuss different types of human rights on the basis of generation. Q.10 Critically examine different provisions under American Convention of Human Rights.Subject : Optional - IV : MAHIPATGAD - VIII (2009 Course) : WINTER - 2016 ) Trusts, Equity & Fiduciary Relationship Day : Thursday il IML Time : 02.30 PM TO 05.30 PM Date : 06/10/2016 Max Marks: 80 Total Pages : NBs _ 1) Attempt ANY SIX questions in all including Q.No.1 is COMPULSORY, 2) Q.No.1 carries 20 marks and all other questions carry 12 marks each. Qu Write short notes on any FOUR of the following: a) Asby v. White b) Nature of Equity ©) Jurisdiction of Equity 4) — Equity and common Law ©) Position of Benamidar f) He who seeks equity must do equity Q2 “A trust is created when the author of the trust indicates with reasonable certainty by any words or acts or intention on his parts to create thereby a trust”, Explicate with reference to Indian Trust Act, 1882. Q3 Who can be trustee? Discuss the Rights and liabilities of trustee for breach of ‘Trust with the help of appropriate provisions of Indian Trust Act, 1882. Qs “The office of a trusice is vacated by his death or by his discharge from his office.” Explain the above statement with reference to Indian Trust Act, 1882. Qs Who is beneficiary? Critically examine the rights & liabilities of the beneficiary under Indian Trust Act, 1882. Q6 Write a detail note on: a) Public Trust b) Private Trust Qa Elaborate the provisions for Registration of Public Trust under Bombay Public Trust Act, 1950? Explain with the help of appropriate illustration. Q8 Define Charity? Explain the Charitable Purpose under Bombay Public Trust Act, 1950, Qo “Bombay Public Trust Act, 1950 contains provision for the appointment of an officer called the Charity Commissioner”. Elaborate the powers of Charity ‘Commissioner under this Act. Qu0 Write a detail note on: a) Public Trust Administration Fund b) Change ReportMAHIPATGAD - VIII (2009 Course) : WINTER - 2016 Subject : Private International Law Day : Tuesday wie Mt Time ; 02.30 PM TO 05.30 PM Date : 04/10/2016 Max Marks : 80 Total Pages NB: 1) Attempt any SEX questions out of which Q.No. 1 is COMPULSORY. 2) QNNo.1 carries 20 marks and all other questions carry 12 marks. Qu Write Short Notes on ANY FOUR of the following: a) Elements of incidental question b) Nationality ©) Movables & Immovables d) Rules of private international law ) Dependents 1) Place of Habitual residence Q2 “No person can be without domicile under private international law” Comment & examine the status of an individual under private international law in detail Q3 ‘What is ‘Assumed Jurisdiction’ of English Courts? Explain the significance of ‘service of summons ‘under private international law Q4 Write a critique on ‘Domicile by choice’ Qs How foreign law is proved? Who can be a Witness to prove the existence of Foreign law? 26 Explain the concept of Renvoi & the various problems it poses before English Courts, Q7 Describe the problems of incidental questions in detail. Qs Narrate the notion of Jurisdiction under Brussels & Lugano Convention in detail. Qe How a factual situation in characterized by the Courts? Illustrate with relevant examples. Q.10 Elaborate the problems of Matrimonial Causes under private international law.MAHIPATGAD - VIII (2009 Course) : WINTER - 2016 Subject : Property Law Including Transfer of Property Act & Easement Act Day : Saturday Time : 02.30 PM TO 05.30 PM Date : 01/10/2016 AOU Max Maris :80 Total Pages : 1 NBs 1) Attempt any SIX questions in all including Q. No. 1 and 10 which are COMPULSORY, 2) Q.No. I carries 20 marks and all other questions carry 12 marks each. QU Write short notes on any FOUR of the following: a) Movable property b) Fraudulent transfer ©) Doctrine of Foreclosure @) Doctrine of Holding Over ©) Universal donee 1) Donatio mortis causa. Q2 “Election is the obligation imposed upon a party by courts of equity to choose between two inconsistent or alternative rights or claims in case where there is clear intention that he should not enjoy both”. Comment. Q.3. “The Principle on which the doctrine of part-performance rests is that if a man has made a bargain with another and allowed that other person to act upon it he will create an equity against himself, which he cannot resist by setting up the want of formality in the evidence of the contract out of which the equity in fact arises.” Discuss with relevant examples. Q4 There is no sale without consideration. The consideration must be of some value in the eyes of law but it cannot be illusory. Explain and state the rights and liabilities of buyer and seller. QS Mortgage is the transfer of an interest in some immovable property. It is given by way of security for a loan. Evaluate the types and essentials of mortgage Q.6 “The lease terminates on the last day of the time period of lease and the lessor becomes entitled to take possession of the leased property.” Write a note on determination of lease. Q.7 In exchange there is transfer of ownership of one thing for the ownership of some other thing. It also includes barter. Explain and state the difference between Exchange and Sale, Q.8 A Gift once made is irrevocable except certain conditions. Write a note on revocation of Gif Q.9 Write a detail essay on actionable claim. Q.10 Define easement? How it can be revoked.eee AULA 3157 MAHIPATGAD - VIII (2009 Course) : WINTER - 2016 Subject : Practical Paper - Il Time : 02.30 PM TO 05.30 PM Date : 29/09/2016 Max Marks :90 Total Pages : 1 NB = - 1) Attempt ANY SIX questions by choosing at least three questions from each section. 2) All questions carry EQUAL marks SECTION -1 Q.1 a) Draft an application for interim injunction in a suit of partition. b) An application for setting aside exparte order passed by a civil court. Q2 Draft a written statement for a husband whose wife has filed a petition for Divorce in the Family Court Pune on the ground of cruelty and desertion, Q3 Draft an Application for maintenance under see 125 of Criminal Procedure Code, on behalf of old parents against their only son who is not maintaining them. Q.4 Draft a private criminal complaint against husband and in laws under sec 498-A of Indian Penal Code, for demand of dowry and harassment, Q5 Mr, Anil had filed a suit for specific performance of contract against a builder in a civil court which is dismissed by a court. Prepare Memorandum of Appeal on behalf of him. SECTION - It Q6 Draft a Mortgage deed for M/s, XYZ a traders who wants to mortgage their property to the Bank and secure loan for the Business. Q7 Draft a General Power of a office Atterney on behalf of a son to deal with his business transactions. a8 Mr. Rajiv a owner of a Attorney wants to lease out an office premises to an Advocate for 6 years. Draft a lease Deed for Mr. Rajiv. Q9 Draft a specimen agreement to sell of a flat in a Co-operative Housing Society. Q.10 a) Draft an Affidavit on behalf of lady to change her name after marriage. b) Draft a Promissory Note on behalf of Mr. Rahul who wants to take loan from Mr. Prakash.Day : Tuesday HOLA 3156 Date : 27/09/2016 MAHIPATGAD - VIII (2009 Course) : WINTER - 2016 Subject : Labour Laws | Time : 02.30 PM TO 05.30 PM Max Marks: 80 Total Pages : 1 NB: - — 1) Attempt ANY SIX questions in all including Question No .1 is COMPULSORY. 2) Question No .1 carries 20 marks and remaining questions carry 12 marks each Qu Write short notes on (ANY FOUR): a) Living Wages b) ILO ©) Strike @) Define wages under Payment of Wages Act 1936 ©) Working hours for adults f) Award Q2 Define ‘Factory’. State and explain provisions relating to ‘Health’ of workers under Factories Act 1948. Q3 Explain the provisions relating to fixation, revision and payment of the minimum wages under Minimum Wages Act 1948, Q4 Define ‘Retrenchment’. Discuss the procedure for retrenchment, Qs The liability of an employer to pay compensation is limited and is subject to the provisions of Workmen’s Compensations Act 1923. Explain. Q6 Write down the protection and benefits available for women under Maternity Benefit Act 1961 Q7 State and explain the authorized deductions from an employed person under the payment of Wages Act 1936. Qs Write down the procedure for registration and amalgamation of the Trade Unions under Trade Unions Act 1926. Q9 Explain the powers and fnctions of various authorities constituted under Industrial Dispute Act 1947 Q10 Write down the unfair labour practices by the Management.