i.d. no. end term examination, april-2018 end term - jan. to april 2018.pdfreasonable by...

I.D. No.___________________

END TERM EXAMINATION, APRIL-2018 B.A.LL.B. (HONS.)

SEMESTER-II

Law of Contract-II

Max. Marks: 60 Time Allowed: 3:00 Hrs.

Note: Answer five questions including Question No. 1 which is compulsory. The mark carried by each question is

indicated at the end of the question.

1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)

a. Constructive delivery

b. Revocation of continuing guarantee

c. Imputed notice

d. Goodwill of firm

e. Duties of bailor

f. Particular lien

g. Contingent dissolution of firm

h. Mutual agency

i. Pretended agent

j. Ostensible authority of agent

2. Answer the following:

a. “Although in a contract of guarantee the surety is under obligation to discharge the liability of principal

debtor in case of his default, yet under certain circumstances he can be discharged from such liability”.

Critically explain the statement.

b. A puts M as apprentice to B and gives a guarantee to B for M’s fidelity. B promises that he will see M

make up the cash at least once a month. B omits to see this done and M embezzles. Decide the liability

of A as a surety and give reasons in support. (Marks 5+5=10)


a. “If certain duties necessary to protect the interest of bailor are not imposed upon the Bailee under

contract of bailment, no person shall be willing to be a party as bailor in such contract.” In the light of

this statement discuss the duties of a Bailee.

b. A hires a horse from B in Calcutta to march to Varanasi. A rides carefully but marches to Cuttack

instead. The horse falls accidently and injured. Discuss the liability of A for the injury caused to the

horse. (Marks 5+5=10)


a. Enumerate various modes of creation of agency and critically discuss the ‘agency of necessity’.

b. R instructed S a transporter to send a consignment of apples to Mumbai. After covering half distance, S

found that apples will perish before reaching Mumbai. He sold the same at half the market price. R sued

S. Will R succeed? (Marks 5+5=10)

PTO


a. Explain the doctrine of ‘caveat emptor’. What are various exceptions to this doctrine? Discuss.

b. B asked S a chemist for hot water bottle. S sold him an American rubber bottle. When wife of B was

using the bottle, it burst and injured her. Discuss the liability of seller under the Sale of Goods Act.

(Marks 5+5=10)


a. What do you mean by ‘dissolution of a firm’? Describe the circumstances in which a partnership firm

may be dissolved by the court.

b. Discuss the liability of a firm which is not registered. (Marks 5+5=10)

7. Write short notes on any two of the following:- (Marks 5×2=10)

a. Pledge

b. Conditions and Warranties

c. Sale and Agreement to sale.

*******

I.D. No.___________________


SEMESTER-IV

Labour Laws-I




1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20)

a. Mention any two conditions for good industrial relation.

b. What do you mean by ‘Industrial Dispute’?

c. What are the primary causes of industrial dispute?

d. What do you mean by ‘adjudication’?

e. What are the grounds for cancellation or withdrawal of a certificate of registered trade union?

f. What do you mean by ‘Model Standing Order’?

g. Define the term ‘Award’ under the Industrial Disputes Act, 1947.

h. What are the qualifications of members of registered Trade Union?

i. Can individual dispute become an industrial dispute?

j. Define the term ‘retrenchment’ under the Industrial Disputes Act, 1947.

2. “The Supreme Court has played significant role in the evolution of industrial jurisprudence during the last sixty

seven years. It has not only made a distinct contribution to the law relating to industrial relations, social

security and minimum, standards of employment but has innovated new methods and devised new strategies

for providing access to justice to weaker sections of society.” In the light of given statement explain the role of

Supreme Court in the evolution of industrial jurisprudence and achieving the objective of Social Justice in India with the

help of case laws. (Marks 10)

3. Examine whether the following activities fall within the definition of ‘industry’ under section 2(j) of the Industrial

Disputes Act, 1947:

a. School and Colleges run by Charitable Institutions.

b. A hospital runs by the ministry of Health, Government of India for treatment of patients and conduct of research in

medical sciences.

c. A firm of solicitors advising people on legal matters having clerks, typists, peon and Chowkidars on its payrolls.

d. A domestic services (Marks 2.5×4=10)

4. Define the term “Trade Union’ and discuss the procedure for registration of Trade Union under the Trade Union Act,

1926. Is registration of a Trade Union is compulsory? What are the consequences of registration? Discuss the

privileges and immunities of a registered trade union. (Marks 10)

5. “Strike is a weapon the hands of the employees to press their demands, so is lockout in the hands of employer to deal

with strikes”. Discuss the above statement in the light of provisions contained in the Industrial Disputes Act, 1947.

(Marks 10)

6. Define ‘Employer’. State the provisions relating to application of model standing order in every industrial establishment

and date of operation of standing under the Industrial Employment (Standing Orders) Act, 1946. (Marks 10)

7. Write short notes on any two of the following:-

a. The power to lay-off a workman is not inherent in the definition of lay-off under section 2(kkk) of Industrial

Disputes Act, 1947.

b. The authorities under Industrial Disputes Act, 1947.

c. The prerequisites and merits and demerits of a Collective Bargaining. (Marks 5+5=10)

*******

I.D. No.___________________


SEMESTER-VI

Administrative Law





a) What is post-decisional hearing?

b) Explain the term Droit Administratiff.

c) Discuss the maxim “Delegatus Non Potest Delegare”.

d) What is doctrine of legitimate expectation?

e) What do you mean by substantive ultravires?

f) What is conditional legislation?

g) Explain the maxim “Nemo Debetesse Judex In Propria Causa”.

h) What is speaking order?

i) Discuss the tortious liability of the administration.

j) Discuss the meaning of “information” under the Right to Information Act, 2005.

2. “Administrative law is basically the law relating to control of Governmental Powers”. In the light of this

statement discuss the meaning, nature and scope of Administrative Law. (Marks 10)

3. (a) Explain the concept of Rule of Law propounded by A.V. Dicey. Do you think that the concept of Rule of

Law has been incorporated under the Constitution of India? Critically examine.

(b) Discuss judicial control over delegated legislation. (Marks 7+3=10)

4. (a) “The doctrine of separation of powers as propounded by Montesquieu is not feasible in its strict sense

for the Governance of any democratic country”. In the light of this statement critically evaluate the

relevancy of the doctrine of separation of powers.

(b) Discuss the concept of Audi Alteram Partem. (Marks 7+3=10)


a) Delegated legislation has become inevitable necessity. Discuss

b) Tribunals are not the substitute but supplemental to the High Courts. Critically evaluate. (Marks 5+5)

6. Explain the procedure to get information under the Right to Information Act, 2005. What kinds of

information are exempted from disclosure? Discuss in detail. (Marks 10)

7. Answer the following:- (Marks 5+5=10)

a) Discuss in brief the contractual liability of the administration.

b) Discuss the nature and scope of writ of mandamus.

*******

I.D. No.___________________


SEMESTER-VIII & X

CG- Fundamental Rights & Its Enforcement (Hons. - I)


Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each

question is indicated at the end of the question.


a) Doctrine of waiver

b) Doctrine of implied fundamental right

c) Objectives of fundamental rights

d) Locus standi

e) Right to reply

f) Meaning of law under Article 13

g) Doctrine of eclipse

h) Reasonable classification and class legislation

i) Protection against bonded labour

j) Ex-post-facto laws

2. The interpretation of the term ‘other authorities’ in Article 12 has caused a good deal of difficulty for

enforcement of fundamental rights and the judicial opinion has undergone changes over time. In this context

discuss the ambit and scope of the meaning of ‘other authorities’ under Article 12. (Marks 10)

3. Discuss with the help of decided cases that the most fascinating aspect of Article 14 which courts in India

have developed over time is that Article 14 embodies a guarantee against arbitrariness. (Marks 10)


a) Give the justifications for the permissible departure of state under Article 15(3) from the rigours

imposed on state under Article 15(1) on the principle that Constitution insists on equality of status and it

negates gender bias.

b) Delhi University reserved 70% seats for admission to the post graduate courses in Dermatology for

Delhi University graduates. A medical student from Madras University was seeking admission to post

graduate degree course in Delhi University as his father has been transferred to Delhi. He qualified the

entrance examination but he was denied admission because of the rule of reserving 70% seats at the PG

level to the Delhi University graduates. He challenged the validity of the rule. Decide and also refer to

relevant case law. (Marks 4+6)

5. Discuss the grounds on which the state can impose the reasonable restrictions on the freedom of speech and

expression guaranteed under Article 19(1) (a). (Marks 10)

6. Discuss the ‘procedure established by law’ under Article 21 shall mean the procedure which is just, fair and

reasonable by distinguishing the approach of the Apex Indian Court in the cases of A.K.Gopalan v. State of

Madras, AIR 1950 SC 27 and Maneka Gandhi v. Union of India, AIR 1978 SC 597. (Marks 10)

7. Discuss the following:- (Marks 5+5)

a) Meaning and extent of religious freedom under Article 25.

b) Excess of jurisdiction as the ground for writ jurisdiction.

*******

I.D. No.___________________


SEMESTER-VIII &X

IPR- Geographical Indications (Hons. - I)




1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)

a) What is ‘protected geographical indication’?

b) What do you mean by falsifying and falsely applying geographical indication?

c) Differentiate between traditional knowledge and geographical indications.

d) What are the differences between geographical indication and an appellation of origin?

e) What are the grounds for opposition of registration of geographical indications?

f) Who can be registered as an ‘Authorized User’ and how?

g) What do you mean by ‘false geographical indication’?

h) What do you mean by ‘applying of geographical indication’?

i) Where a suit can be instituted for infringement and what acts not amounts to an offence?

j) Can a Trade Mark is registered as a Geographical Indication?

2. Discuss the contemporary challenges and opportunities for protection Geographical Indications in India. Also

discuss different modes of protection of Geographical Indications in our country. Is it helps for the

preservation of traditional knowledge? (Marks 10)

3. Which international convention has been the basis of the protection of geographical indications? Discuss the

various global efforts made for the protection of geographical indications? (Marks 10)

4. Define the term ‘Geographical Indication’. What are the essential ingredients of a geographical indication for

registration under the Geographical Indication of Goods (Registration and Protection) Act, 1999? Explain the

law relating to procedure for registration of Geographical Indication, with a specific on prohibition of

registration of certain Geographical Indications. (Marks 10)

5. Who can be a registered proprietor? What functions does a geographical indication perform? What rights

available to the registered proprietor of geographical indication? Also discuss the various remedies available

for violation of rights in unregistered geographical indications. (Marks 10)

6. Discuss the following in relation to Geographical Indications:- (Marks 4+2+2+2=10)

a. Authorized User and procedure for registration of authorized user

b. Rights conferred by registration of Geographical Indication

c. Meaning of applying geographical indication

d. Meaning of false geographical indication


a. The Appellate Board and appeals to the Appellate Board under the Geographical Indications of Good

(Registration and Protection) Act, 1999.

b. Infringement of registered geographical indication

c. Contents of application for registration of Geographical Indications

*******

I.D. No.___________________


SEMESTER-VIII &X T&I- International Commercial Law (Hons. - I)




1. Explain the following (each explanatoin should be in approximately 100 words): (Marks 2×10=20)

a. Information system

b. Electronic data interchange (EDI)

c. Duty of sea worthiness

d. Airway bill

e. Aviation insurance

f. Hamburg rules

g. Meaning of commercial under International commercial Arbitration

h. Doctrine of deviation

i. Hardship under CISG.

j. Rotterdam rule

2. The UNCITRAL model law on electronic commerce applies to any kind of information in form of a data

message used in context of commercial activities. In this reference, what do you understand by data message and

retention of data messages? What is the admissibility and evidential weight of data messages in any legal

proceeding? (Marks 10)

3. The Brussels Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (also known as

'Hague rules') appeared as the first set of rules creating a uniform international carrier liability regime,

standardizing the right and liability of the parties. - Discuss. Also write down the provision related to duties of a

carrier under Hague- Visby rules. (Marks 10)

4. The Incoterms are a set of International rules that provide an interpretation for the most used commercial terms

in foreign trade operations. The aim of Incoterms is standardization and interpretation of contractual trade terms.

In this context discuss the concept, definition and justification for the Incoterm. Give your opinion on changes

made in the edition 2010 and point out their impact on both local and international trade. (Marks 10)

5. The Warsaw Convention 1929 provides a comprehensive framework of a unified liability regime applicable to

claims arising out of international air transport, irrespective of the domicile of the parties, the place of loss or

injury, or the venue of the trial. In this context discuss

a. The Air carrier’s liability for loss damages or delay.

b. Consignor’s right of disposal. (Marks 5+5)


a. What do you understand by party autonomy principal under CISG, 1980?

b. What do you mean by formation of contract? On March 1 Buyer mails a letter to Seller enclosing a purchase

order form for specified equipment manufactured by Seller. The letter makes specific reference to the price

listed in Seller's catalog. Is Buyer's communication an "offer? (Marks 5+5)

7. Write short note on any two of the following-

a. Marine Insurance

b. International commercial arbitration

c. UNIDROIT principles. (Marks 5+5) *******

I.D. No.___________________


SEMESTER-VIII &X Cr.L. – Socio Economic Offences (Hons. - I)





a. What is socio-economic offence?

b. Role of mens rea in determining liability of Socio-Economic offenders.

c. What constitute Immoral Trafficking?

d. Objectives of Detention in Corrective Institutions.

e. Need of Food Safety for all.

f. What do you mean by Civil Rights?

g. Stigma of Corruption in the Country.

h. What is the problem of Honor killing?

i. Problem of Acid Attack and its victims.

j. Deterrent effect of punishment for Socio-Economic offenders.

2. (a) How does a socio-economic offence affect the health individuals and the economy of a country? Critically

examine the nature of socio-economic offences and its increasing problem in the country.

(b) “As there is advancement in the sphere of science and technology, it resulted into the emergence of a new

category of offences, which posed difficulty of enforcement of the laws.” Critically examine.

(Marks 5+5=10)

3. (a) What is Dowry? Why taking and giving of dowry both are punishable under the Dowry Prohibition Act,

1961? What is the amount of punishment for taking and giving of dowry?

(b) A list of presents given at the time of the marriage to the bride was maintained by her parents including a

brief description of each present; the approximate value of the present; the name of the person who has given the

present; and relationship with persons giving the present. After preparing such list, parents of bride asked to

bridegroom to put his signature over the list, but he denied and said it is not required to put signature under the

law. What is the course of law over such issue? (Marks 5+5=10)

4. (a) Define trafficking. What are the essentials of offence of trafficking? Whether trafficking and prostitution are

similar to each other?

(b) A girl was found guilty of an offence of prostitution and character, state of health and mental condition of the

offender compelled to authority that she should be subject to detention and court ordered for her detention for 2

years in corrective institution. She challenged her detention on the ground of violation of right to life. You have

to decide whether such detention was valid or not? (Marks 5+5=10)

5. What are the objectives of the Food Safety and Standards Act, 2006? What are the principles to be followed to

achieve those objectives? Critically examine the functions of Food Authority for manufacture, processing,

distribution, sale and import of food. (Marks 10)

PTO

6. Define Untouchability. What kind of practices of untouchability enforced against any person is considered as

social disability? If one individual is compelled to do any scavenging or sweeping or to remove any carcass or to

flay any to animal or to remove the umbilical cord or to do any other similar job shall be subject to

untouchability. Examine. (Marks 10)

7. What is Black Marketing and Hoarding of Essential Commodities? Do you agree that these activities only

provides the benefit to the participant but the whole society suffers a lot and also it has an adverse effect on the

economy of the country? Explain. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VIII & X

CLS- Corporate Tax (Hons. - I)




1. Explain the following (each explanation should be in approximately 100 words): (Marks 2×10=20)

a) Carry Forward of Business Losses

b) Taxable Income

c) Alternative minimum Tax

d) Newly established business with reference to corporate Tax

e) Tax planning

f) Tax avoidance

g) Demerger

h) Sources of corporate Tax

i) Revenue Receipt

j) Collection of Tax at source

2. Differentiate between the Residential status of domestic corporate and Foreign corporate?

(Marks 10)

3. Explain the concept of Income with reference to the relevant Case Laws?

(Marks 10)

4. The Tax need to payable on the assumed total income from the various sources includes Salary, Business,

Profession, Rent etc. Describe the relevant Tax as per the Income Tax Act, 1961?

(Marks 10)

5. While calculating the Tax liability the SEZ’s are comes under the location of business. Explain the concept

of SEZ’s with reference to the Tax Liability?

(Marks 10)

6. Explain the history of law relating regime of Corporate Tax in India?

(Marks 10)

7. In the recent days the concept of business restructuring has grown importance in the field of corporate Law?

Explain the concept of Amalgamation with reference to the Tax Implication prescribed under the Income

Tax Act?

(Marks 10)

*******

I.D. No.___________________

END TERM EXAMINATION, APRIL -2018 B.A.LL.B. (HONS.)

SEMESTER-II

Political Science (Major): Political Thought





a. Plato’s Theory of Justice

b. Machiavelli on Human Nature

c. Hobbes on Social contract

d. Rousseau on General Will

e. Bentham on Utilitarianism

f. Gandhi on Trusteeship

g. Nehru on Democratic Socialism

h. Ambedkar on Annihilation of the Caste System

i. Locke on Liberalism

j. Mahatma Gandhi on Sarvodaya

2. Critically examine the Platonic theory of Ideal State. Compare it with the modern state. (Marks 10)

3. Analyze the Aristotelian concept of Revolution. How it is different from modern revolution?

(Marks 10)

4. John Stuart Mill is a ‘Reluctant Democrat’. Discuss. (Marks 10)

5. John Lock was the apologist of the Glorious Revolution of 1688. Do you agree with this statement?

Explain (Marks 10)

6. Discuss Gandhi’s contribution to Indian Political Thought. (Marks 10)

7. Write short notes on any two of the following: (Marks 5×2=10)

a. Plato on Philosopher King

b. Rousseau on Social Contract

c. Ambedkar on Ancient Social order and Inequality.

*******

I.D. No.___________________


SEMESTER-IV

Transfer of Property Act





a. What are the essentials of a ‘valid attestation’?

b. Are the following transactions ‘transfer’ within the meaning of Section 5 of the Transfer of Property

Act, 1882:

(i) Partition

(ii) Surrender

c. What do you mean by legal incidents of property?

d. Explain the law relating to ‘Marshalling’ and ‘Contribution’ under the Transfer of Property Act, 1882.

e. Define and distinguish between mortgage by conditional sale and English mortgage.

f. A purchased a property in the name of his wife B. B’s name was entered in the revenue records and

she used to deal with the property. After A’s death B mortgaged the property to C who took it in good

faith believing that B had authority to make the transfer. Can the above mortgage be avoided?

g. What do you mean by fraudulent transfer?

h. A, B, and C a minor owned a property in equal shares. A and B sold the whole property to D as if they

were entitled to it to the exclusion of C. When C grew up he refused to acknowledge the transfer.

Subsequently C died and the property went to A and B. Decide the rights of D in relation to C’s share.

i. What do you mean by ‘feeding grant by estoppel’?

j. What is right of redemption?

2. Discuss the rule against perpetuity. Is there any exception to the Rule? Does the Mohammedan Law

favour perpetuity? (Marks 10)

3. What is ‘vested interest’? How does it differ from a ‘contingent interest’? When does a contingent interest

become a vested interest? Explain. (Marks 10)

4. Who is an ‘ostensible owner’? Under what circumstances a transfer of immovable property by an

ostensible owner is binding upon the real owner? Illustrate your answer. (Marks 10)

5. A contract to sell a house to B. B files a suit against A for specific performance of the contract. While the

suit is pending, A sells the house to C who does not have the notice of the pendency of the suit. The suit is

decreed in favour of B. Can the decree be executed against C? (Marks 10)

6. Define and distinguish between the following:- (Marks 5+5)

a. Sale and Contract for sale

b. Lease and Licence


a. Subrogation

b. Onerous gift

c. Actionable claim

*******

I.D. No.___________________


SEMESTER-VI

Alternative Dispute Resolution Max. Marks: 60 Time Allowed: 3:00 Hrs.

Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is



a) Discuss whether arbitration clause must follow the destiny of the contract to which they belong or can they

have an independent life.

b) Discuss whether the following is a valid arbitration agreement: “The parties would endeavor to resolve the

matter by Swiss arbitration, failing which the English Courts will have jurisdiction”.

c) When does an arbitration commence?

d) Discuss the effect of default of claimant and default of respondent under section 25 of the Arbitration and

Conciliation Act, 1996.

e) “Filing of an application under section 34 the Arbitration and Conciliation Act, 1996 does not amount to

automatic stay on enforcement of an award”. Discuss.

f) Is the tribunal bound to decide the dispute according to the contract between the parties or is it obliged to take

into account the contract between the parties while deciding the dispute? Quote the relevant section of the

Arbitration and Conciliation Act, 1996.

g) Discuss briefly the broad heads of the fifth schedule of the Arbitration and Conciliation Act, 1996.

h) Discuss the provisions on confidentiality during the conciliation proceeding.

i) Identify the provisions of the Arbitration and Conciliation Act, 1996 which allow judicial intervention in

arbitral process.

j) Discuss section 37 of the Arbitration and Conciliation Act, 1996.


a. Discuss the degree of the applicability of the standards of the Code of Civil Procedure to proceedings and

measure passed under section 9 of the Arbitration and Conciliation Act, 1996.

b. In an agreement between publisher and author it was provided that dispute shall be referred to the arbitration of

two arbitrators. After the dispute arose the author vide a legal notice nominated Mr. X as the sole arbitrator.

Relying on the arbitration clause the publisher nominated Mr.Y as the arbitrator. The author filed an

application under section 11 of the Arbitration and Conciliation Act, 1996 for appointment of sole arbitrator on

the ground that he cannot afford arbitration by two arbitrators as it will be very costly. Decide.

(Marks 5+5)

3. Discuss the rule of incorporation of arbitration clause by reference. Also discuss whether specific reference is

required in following cases or whether general reference is sufficient:

a. A and B make a contract in which they incorporate standard terms.

b. A and B make a contract incorporating terms previously agreed between A and B in another contract.

c. A and B make a contract incorporating terms agreed between C and D. (Marks 10)

PTO

4. “If a dispute involved non-signatories or included subject matter which was not strictly within the arbitration

agreement, the matter cannot be referred to arbitration”. Discuss the correctness of the above in the context of

section 8 of the Arbitration and Conciliation Act, 1996. (Marks 10)


a. What are the disputes which are not capable of resolution by arbitration? Discuss.

b. Discuss the provisions of Part I of the Arbitration and Conciliation Act, 1996 which allows party autonomy in

choice of proper law of contract, proper law of arbitration agreement and proper law of proceedings.

(Marks 6+4)


a. Discuss the applicability of provisions of Part I of the Arbitration and Conciliation Act, 1996 to foreign seated

arbitrations.

b. Interest on interest or compound interest under section 37 of the Arbitration and Conciliation Act, 1996 is not

violation of public policy of India. Discuss. (Marks 5+5)

7. Write notes on any two of the following:- (Marks 5×2=10)

a. Settlement agreement and termination of conciliation.

b. Rule of Competence –Competence

c. Ineligibility to become arbitrator under section 12(5) read with Schedule VII of the Arbitration and

Conciliation Act, 1996.

*******

I.D. No.___________________


SEMESTER-VIII&X

Media & Law (Opt.- I)


Note: Answer five questions including Question No. 1 which is compulsory.The number of marks carried by each


1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20) a. Whether radio and television are under purview of defamation law in India? Justify

b. Discuss Press Council of India

c. Commercial advertisements are not entitled to enjoy the fundamental right under Art. 19(1)(a).

Comment

d. Discuss Right to criticize in India.

e. Define License Secrecy

f. Write a descriptive note on theories related with media

g. Is autonomous corporation necessary for regulation of radio? justify

h. Discuss origin of privacy

i. Write an explanatory note on Judicial Recognition of Right to Information

j. What is the composition of Central Information Commission?

2. In India, Parliament and State Legislatures could not claim such rights as United Kingdom Parliament had

since they neither historically nor constitutionally enjoyed powers of court of record. Examine the

legislative privileges of Parliament with the help of constitutional provisions and judicial decisions.

(Marks 10)

3. Discuss the followings:

a. Write a descriptive note on Law and Ethics related with Advertisement

b. Right to privacy is not a specific fundamental right but has nevertheless gained constitutional

recognition? Discuss. (Marks5+5)

4. Freedom to air one’s view is the lifeline of any democratic institution and any attempt to stifle or

suffocate or gag this right would sound a death knell to democracy and would help in autocracy or

dictatorship. In the light of above said statement, discuss the freedom of press under Indian Constitution

with the help of judicial decisions. (Marks 10)

5. The role of private and competitive media has become so important for the check and balances system of

modern democracy that they have come to be called “the fourth pillar” along with the executive,

legislature and the courts. Critically examine the abovesaid statement and illustrate the demerits of private

and competitive media with suitable examples. (Marks 10)

6. Broadcast frequencies are public property; neither the government nor any private entity could claim

ownership over it. Discuss the abovesaid statement with the help of constitutional provisions and judicial

decisions. (Marks 10)

7. The judgments of the court are public documents and can be commented upon, analysed and criticized but

in dignified manner without attributing motives. In the light of abovesaid statement, discuss contempt of

court in relation to reporting of judicial proceeding by media. (Marks 10) *******

I.D. No.___________________


SEMESTER-VIII &X

Women & Law (Opt.- I)





a. Right of women to adopt a child.

b. Victimization of Women.

c. Marital Rape.

d. What kinds of Measures required to be taken to eliminate discrimination against women in all matters

relating to marriage and family relations under CEDAW 1979?

e. Special Status of Women under Indian Constitution.

f. Constitutionality of adultery under Section 497 of Indian Penal Code.

g. Woman's right to terminate pregnancy under the Medical Termination of Pregnancy, Act.

h. An overview of the provisions of The Maternity Benefit (Amendment) Act, 2017.

i. Need of Social Transformation in order to protect right of women in India.

j. Prevention of Immoral Trafficking and Forced Prostitution.

2. “All live-in- relationships are not relationships in the nature of marriage”. In the light of the statement of Justice

K.S. Radhakrishnan in Indira Sharma vs. V K V Sharma, Discuss the Right of women and the status of Children

born out of such relationship and highlight the conflicting interests of those with legally wedded wife and

legitimate children. (Marks 10)

3. Various sections of society have raised their own concerns and objections towards the Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal ) Act, 2013. Discuss the mechanism in order to protect

women from sexual Harassment under the Act and critically examine the effeteness of the Act. (Marks 10)

4. The legal feminists claim that the modern jurisprudence is “masculine”. Discuss the dichotomy between Biological

Sex and Gender with special reference to radical feminism. (Marks 10)

5. Discuss the role of National Women Commission in order to monitor all matters relating to the constitutional and

legal safeguards provides for women in India. (Marks 10)

6. Write short notes on the following:- (Marks 5+5)

a. Discuss the additional grounds of divorce available only to wife under Section 13(2) of the Hindu Marriage

Act, 1955.

b. “Devaluation of interest in coparcenary property has always been pointed out as source of discrimination

between male and female heirs. Amendment in Hindu Succession Act in 2005 has been passed with objective

to abolish the discrimination male and female heirs” Critically examine above statement.


a. Surrogacy in India

b. Legal framework in India for prohibiting dowry.

c. Women's Position during the British Period in reference to Social Reforms Movement.

*******

I.D. No.___________________


SEMESTER-VIII &X

Law of Insurance (Opt.- I)





a. What is a “contingent contract”? Examine whether all insurance contracts are contingent contract.

b. Differentiate between “wagering agreement” and “contract of insurance”.

c. What do you mean by “material fact”?

d. What is “doctrine of reinstatement”?

e. What is “reinsurance”?

f. Can a Bailee insure the goods bailed? State the reasons.

g. Define “Motor Vehicle”.

h. What do you mean by “Grace period”?

i. What is “fire” for the purpose of a fire insurance contract?

j. What do you mean by a “floating insurance policy”?

2. From privatization to nationalization and again from nationalization to privatization, in this way the

insurance business in India has traveled a long path. In this journey, the insurance law has not only

promoted and regulated insurance business but also ensured an orderly growth of insurance business in

India. Elucidate. (Marks 10)

3. “The concealment of a material fact though you thought it material or not avoids the policy”. In the light

of the above statement examine the doctrine of utmost good faith. (Marks 10)

4. Define “insurable interest”. Discuss the application of insurable interest in life insurance. (Marks 10)

5. Discuss the law relating to “implied warranties” and “assignment of marine policy”. (Marks 10)

6. The doctrines of subrogation and contribution are corollary to the principle of indemnity”. Elucidate.

(Marks 10)

7. Critically examine the powers and functions of the Insurance Regulatory and Development Authority

(Marks 10)

*******

I.D. No.___________________


SEMESTER-VIII &X

Indirect Tax (Opt.- I)




1. Answer the following (each answer should be in approximately 100 words): Marks 2×10=20)

a. Point out the problems which arise after GST.

b. What is the Composition of GST Council?

c. What do you mean by IGST?

d. What is Composite supply?

e. What do you mean by Input Tax Credit?

f. What is tax invoice under GST?

g. What is Self-Assessment?

h. Discuss the meaning of Exclusive Economic Zone.

i. Discuss the power to seek information under the Custom Act, 1961.

j. What is the penalty for improper importation of goods?

2. What do you mean by Goods and Services Tax? Discuss its main features. (Marks 10)

3. Write short note on the followings:

a. Business and

b. Services under GSTA. (Marks 5+5)

4. Describe the procedure of registration and circumstances of cancellation of the registration under GSTA.

(Marks 10)

5. Discuss the provisions relating to appeal under GSTA. (Marks 10)

6. Elaborate various types of custom duties after implementation of GST in India. (Marks 10)

7. Discuss the power of search and seizure of customs officers under the Custom Act, 1961. (Marks 10)

*******

I.D. No.___________________


SEMESTER-II

Family Law – I





a) Sunnat as a source of Muslim Law

b) Breakdown theory of Divorce

c) Relative Incapacity

d) Customary forms of marriages

e) Distinguish between Talaq Ahasan and Talaq Hasan

f) Concept of Domicile under Hindu Law

g) Concept of al-khalwal-al-sahiha

h) Shrutis as a source of Hindu Law

i) Concept of mehr-i-misl

j) Concept of De-jure guardian

2. Answer the following by applying relevant legal provisions: -

a) Rahul marries Radhika according to Hindu rites and ceremonies. After marriage Radhika was made to work

throughout the day and was constantly abused for bringing insufficient dowry. Unable to bear the torture and

more, she left the matrimonial home in the state of advance pregnancy. Can she seek divorce under the Hindu

Marriage Act, 1955? Also state the relevant provisions from the Indian Penal Code, 1860 under which Rahul can

be held liable for the acts committed upon Radhika.

b) Ajay and Bhavna were living separately for nearly 5 years owing to incompatibility of their temperaments. On

Ajay’s suggestion, Bhavna agreed to seek divorce by mutual consent and they filed a petition for divorce under

section 13-B of the Hindu Marriage Act, 1955. However after 6 months, Bhavna refused to go to court again with

Ajay, saying that she had changed her mind as she did not wish to lead the life of divorcee. Ajay prays to the court

that divorce be granted to him on the basis of first petition. Decide along with legal provision and relevant case

laws in this regard. (Marks 5+5=10)

3. What is Iddat period? Is a Muslim woman entitled to maintenance after the expiry of Iddat period? Explain in light of

Apex Court judgments in this regard. (Marks 10)

PTO

4. What are considered as voidable marriages under the Hindu Marriage Act, 1955? Explain the grounds on which

marriage becomes Voidable. Support your answer with the help of relevant judicial pronouncements in this regard.

(Marks 10)

5. Explain by giving reasons:-

a) Rekha a Hindu girl was contracted into marriage by her father during her minority. She wants to repudiate her

marriage. Advice her in light of the Prohibition of Child Marriage Act, 2006

b) Reshma meets Amir while she is on a pilgrimage. They immediately decided to get married and while in

pilgrimage, they contracted a marriage by Nikah format in presence of their respective families. What is the status

of such marriage and what are the rights and obligations the parties to such a marriage? (Marks 5+5=10)

6. “Under most of the personal laws in India, desertion is recognized as a ground for divorce and judicial separation”.

Explain desertion as a ground of divorce under the Hindu Marriage Act, 1955 in light of important judicial

pronouncements? (Marks 10)

7. Identify the name and the category of Talaq in the statements provided below. Explain whether such Talaq can be

revoked or not:- (Marks 2×5=10)

a) A Muslim woman dissolves marriage on the ground that her husband has alleged her to be in an adulterous

relationship.

b) A Muslim woman dissolves the marriage on payment of Rs.50, 000 to the husband as consideration.

c) A Muslim husband says to his wife ‘I swear by God that I shall not approach you’.

d) A Muslim woman dissolves the marriage on the ground that her husband has disrespected her by comparing with

his foster mother.

e) A Muslim woman dissolves her marriage whose marriage was solemnized before attaining the age of 15 years.

*******

I.D. No.___________________


SEMESTER-IV

Public International Law





a) ‘Jack’ was extradited from Britain to the United States on the ground for murdering a fellow servant on an

American Ship. But later on in the United States, ‘Jack’ was tried not for murder but for causing grievous

hurt to a man named ‘Joe’. Discuss the validity of the trial in the light of relevant principle.

b) Pacta tertiis nec nocent nec prosunt

c) The output of Reparation for Injuries Suffered in the Service of the United Nations case (1949) with regard to

subjects of International Law.

d) Doctrine of Fundamental rights under International Law

e) Distinguish between the Transformation Theory and Incorporation Theory.

f) The Stimson doctrine

g) Evidentiary theory of State Recognition

h) The Concept of Neutralized State under International Law.

i) Tobar Doctrine

j) Principle of jus sanguinis

2. “The nature of territorial sovereignty in relation to criminal acts was observed in the Lotus case where the

French steamer, the Lotus, was involved in a collision on the high seas with the Boz-Kourt, a Turkish collier.

Boz-Kourt sank and eight sailors and passengers died as a result. When the French officer was charged with

manslaughter and France protested strongly against this action, alleging that Turkey did not have the

jurisdiction to try the offence. The matter came before the Permanent Court of International Justice, where the

Court rejected the French claim that the flag state had exclusive jurisdiction over the ship on the high seas,

saying that no rule to that effect had emerged in international law, and stated that the damage to the Turkish

vessel was equivalent to affecting Turkish territory so as to enable that country to exercise jurisdiction on the

objective territorial principle, unrestricted by any rule of international law prohibiting this.”

The abovementioned case demonstrates the complex nature of State’s Criminal Jurisdiction and its implications.

In the light of abovementioned paragraph discuss the state jurisdiction and prevalent principles of state criminal

jurisdiction. (Marks 10)

3. Discuss in detail the procedure adopted in India for the implementation of Treaties and Customary International

Law. Wherever it is required, also discuss the relevant provisions of the Constitution of India and important case

laws. (Marks 10)

4. (a) J. Sztucki discussed in “Jus Cogens and the Vienna Convention on the Law of Treaties, New York, 1974” as:

“The concept of jus cogens is based upon an acceptance of fundamental and superior values within the system

and in some respects is akin to the notion of public order or public policy in domestic legal orders.”

Critically analyze the abovementioned observation in the light of the Vienna Convention on the Law of Treaties

1969. (Marks 05)

(b) Discuss the concept of “reservation” provided under Article 2(1) (d) of the Vienna Convention on the Law

of Treaties, 1969.Also discuss the fraud as a ground for invalidity of a treaty. (Marks 05)

PTO

5. Discuss the concept of State Territory with the help of Judge Huber’s opinion in the Island of Palmas case

(1928). Also discuss in detail the various modes of acquisition of the territory. (Marks 10)

6. (a) How is nationality different from citizenship? Also discuss the various reasons responsible for loss of

nationality. (Marks 05)

(b) State ‘A’ was taken over and assimilated by state ‘B’. Pursuant to this event the status of state ‘A’ was

entirely changed. Discuss the nature of the said event in the light of international law on state succession.

(Marks 05)

7. (a) Discuss the concept of Retorsion under International Law. How are Reprisals distinguishable from acts of

Retorsion, which are in themselves lawful acts? (Marks 05)

(b) Why are Individuals considered as a subject of International Law? Explain with the views of Hans Kelsen,

Westlake and Starke. Also give the justification for such an inclusion. (Marks 05)

*******

I.D. No.___________________


SEMESTER-VI

Intellectual Property Rights





a) Nature of Intellectual Property.

b) Justification for Protection of Intellectual Property.

c) Exclusive and Non-Exclusive Licenses.

d) Copyright Protection versus Design Protection.

e) Concept of Faustian Pact.

f) Non-Patentable Subject Matters.

g) Certification Mark and Collective Mark.

h) Difference between Geographical Indications and Trade Marks.

i) Meaning of homonymous Geographical Indications

j) Protection of Trade Secret.

2. (a) What do you meant by Assignment of Copyright? What is the Mode of Assignment under the Copyright Act,

1957? What are the differences between assignment and licence of copyright? (Marks 5)

(b) Mr. X is a play writer and producer of a number of popular plays including a play called Kanoon. He tried to

consider the possibility of making film based on the said play and narrated the play to Mr. Y. Further, Mr. Y

without informing Mr. X made a movie called Mohra which was alleged to be based on the said play of Mr. X.

Mr. X argues that the film Mohra is an infringement of his copyright in the play Kanoon. Decide the matter in

the light of relevant provisions of the Copyright Act, 1957 and case laws. (Marks 5)

3. (a) What do you mean by Originality? What are the various practices adopted worldwide to ascertain the

originality of work? Critically examine the Indian practice to ascertain originality and refer to relevant provisions

of the Copyright Act, 1957 and case laws. (Marks 5)

(b) “The author’s moral rights are independent of author’s copyright. The moral rights remain with the author

even after the assignment/ licence of copyright and the protection lasts during the whole of copyright term.”

Elucidate the above sentence in the light of relevant provisions of the Copyright Act, 1957 and case laws.

(Marks 5)

PTO

4. (a) What do you mean by infringement of patents? What are various kinds of infringement of patents and how it

is to be determined? Discuss and refer relevant provisions and case laws. (Marks 5)

(b) A contracting state of the Paris Convention for the Protection of Industrial Property, 1883 doesn’t grant same

protection to the nationals of non-contracting state though they are having domiciled in the contracting state.

Whether members of non-contracting states having domicile in contracting state are entitled to get same

protection? Elucidate the situation with help of relevant provisions. (Marks 5)

5. What is Compulsory Licence? In what circumstances a compulsory licence may be granted under the Indian

Patents Act, 1970. Critically examine the grant of compulsory licence in Bayer Corporation v. Natco Pharma

Limited (2012) and its implications. (Marks 10)

6. What kind of marks may be registered as Trade Mark? Whether a smell may be a trade mark? What are the

relative grounds for refusal of registration of trademarks under the Trade Marks Act, 1999? Discuss.

(Marks 10)

7. If there is a clear link between the product and its original place of origin/production, then what form of

intellectual property is relevant for protection of such linkage? In order to function as a Geographical

Indications, whether a sign must always identify a product as originating in a given place? Comment.

(Marks 10)

*******

http://www.khuranaandkhurana.com/tag/bayer-corporation-vs-natco-pharma-limited/

http://www.khuranaandkhurana.com/tag/bayer-corporation-vs-natco-pharma-limited/

I.D. No.___________________


SEMESTER-VIII & X

C.G. - Fundamental Rights & Its Enforcement (Hons.- II)





a) Protection against double-jeopardy.

b) Right to legal representation to any person who is arrested or detained under any law providing for

preventive detention.

c) Secularism in India is equality, liberty and tolerance. Comment

d) Prohibition of employment of children.

e) Right to medical assistance under Article 21

f) Cultural rights of minorities.

g) Social action litigation.

h) Distinction between writ of certiorari and writ of prohibition.

i) Doctrine of arbitrariness

j) Protection against beggar.

2. This is very difficult and delicate task for the courts in present days of development of the country into a

social welfare state to strike a proper balance between individual liberty and social control in making the

interpretation of fundamental rights. In this context discuss the approach of the courts which is constantly

shifting in favour of the individual in the area of non-economic matters like freedom of speech and right to

life and in favour of social control in the area of economic matters. (Marks 10)

3. What do you mean by the term ‘State’ under Article 12 of the Indian Constitution? How far do you think

that following institutions/bodies can be brought within the meaning of the expression ‘other authorities’

under Article 12:

a) Institute of Constitutional and Parliamentary Studies (ICPS).

b) National Council of Educational Research and Training (NCERT)

c) Allahabad University Students Union.

d) Aligarh Muslim University. (Marks 4+1.5×4=10)

4. “Right to life means something more than mere animal existence.” Discuss with reference to case law. Is

there any difference between the expression ‘right to life’ and ‘personal liberty? Explain critically.

(Marks 10)

PTO

5. With reference to recent judicial decisions discuss the scope and ambit of the freedom guaranteed to

electronic media and social media under Article 19(1) (a) of Indian Constitution. (Marks 10)

6. Discuss the following:

a. Socially and educationally backward classes for the purpose of Article 15(4).

b. Applicability of Creamy layer concept on Scheduled Castes and Scheduled Tribes. (Marks 5+5)

7. Write critical notes on the following:

a. Right to privacy and the controversy surrounding Aadhar Data.

b. Evolution and changing dimensions of writ of certiorari. (Marks 5+5)

*******

I.D. No.___________________


SEMESTER-VIII &X

CLS- Corporate Tax ( Hons. - II)





a) Meaning of Indian company

b) Foreign Company

c) Closely held company

d) Receipt of income

e) Domestic company

f) Resulting company

g) Amalgamating and Amalgamated company

h) Methods of granting reliefs under Avoidance of Double Taxation Agreements

i) Book Profit

j) When Minimum Alternate Tax provision is not applicable to a Foreign Company?

2. Explain the circumstances when an income is deemed to accrue or arise in India (Marks 10)

3. Answer the following:- (Marks 8+2)

a) State in brief the provisions relating to carry forward and set-off of business losses.

b) On April 1, 2016 Mr. A and Mrs. A purchased all the shares of X Pvt. Ltd. X Pvt. Ltd. had the unabsorbed

losses and allowances as follows:

(i) Accumulated loss Rs. 5 Lakh

(ii) Unabsorbed Depreciation Rs. 7 Lakh

State the effect of change of shareholdings on the right of the company to carry forward the above items.


a) Under what circumstances an assessing officer may alter the net profit of a company?

b) What adjustments may be made to convert a net profit into a Book Profit?


a) How residential status of a company is determined?

b) What are the rules generally incorporated under the Double Tax Avoidance Agreements?


a) How is written down value of a block of assets in the hands of transferor determined in the case of slump

sale?

b) State the provisions for computation of capital gains in case of slump sale.

7. State the provisions of the Income Tax Act relating to transfer of assets between holding and subsidiary

companies. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VIII &X

Cr.L. Criminal Justice System (Hons. - II)





a. What are the Stages of Commission of Crime?

b. Strict Liability under Criminal Law.

c. Definition of Human Rights.

d. Provisions for Free Legal Aid under Indian Constitution.

e. Causes and Problem of Juvenile Delinquency.

f. Child in Conflict with Laws.

g. Various forms of Punishment under Criminal Law.

h. Who is a victim of Crime?

i. Role of Police in Criminal Justice System.

j. How does criminal justice system work?

2. (a) Why individuals should be held criminally responsible for the intent to commit a crime, even if the

crime is not actually committed? Does a separate offense of conspiracy is useful to supplement the generally

restrictive law of attempts? Explain.

(b) The defendant Mr. A, in order to frighten Mrs. B, her rival for the affections of Mr. X, put burning

newspaper through the letterbox of Mrs. B's house and caused the death of two of her children. The

defendant claimed that she had not meant to kill but had foreseen death or grievous bodily harm as a highly

probable result of her actions. Whether defendant was guilty of offence she committed? (Marks 5+5)

3. (a) What are the legal rights of Prisoners under Indian Criminal Justice System? Whether those rights are

human rights in nature?

(b) Mr. A is an accused of murder of Mr. B and under criminal law it is the duty of the prosecution to prove

the guilty of accused person. Even after making rigorous efforts prosecution fails to prove guilty of Mr. A.

Further, he was compelled by the prosecution to produce evidences against himself before court of law.

Under such compulsion Mr. A produced evidences against himself and was punished for murder of Mr. B.

Further, Mr. A challenged the validity his punishment on the ground of one of the fundamental canons of

criminal jurisprudence, which is rights against self-incrimination. Examine the validity of punishment to Mr. A.

(Marks 5+5)

PTO

4. (a) Who is child in need of care and protection under the Juvenile Justice (Care and Protection of Children)

Act, 2015? Explain.

(b) What are the fundamental principles to be observed by the Central Government, the State Governments,

the Board, and other agencies, while implementing the provisions of the Juvenile Justice (Care and

Protection of Children) Act, 2015? Explain. (Marks 5+5)

5. What is punishment? What are various theories of punishment? Explain. Whether deterrent theory of

punishment has relevance in the present context as the rate of various crimes are increasing? Comment.

(Marks 10)

6. Define Victimology. Discuss in detail various schemes of compensation to the victims under criminal

Justice system of India. Does this scheme serve any social purpose? Comment. (Marks 10)

7. “Country’s capacity to develop, maintain and manage a viable, safe, secure and humane prison system is an

integral part of sustainable, nationally-owned peace-building efforts and an important building block for

preventing relapse into conflict. Prison authorities are often overwhelmed with various challenges.” In the

light of above statement examine whether these challenges may be reduced by focusing more over

correction institutions in the country. Critically examine the role of correction institutions and challenges

before it. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VIII & X

IPR- Geographical Indications ( Hons. - II)





a) What is the ambit of goods under the Geographical Indications Act 1999?

b) How collective marks help in protection of geographical indications?

c) Differentiate between an indication of source and appellation of origin.

d) Which Indications are prohibited from registration under the Geographical Indications Act 1999?

e) Define a Protected Designation of Origin with help of Illustration.

f) What is the test for determining gendercide of geographical indication?

g) Explain the concept of unfair competition regarding indications as provided under Paris Convention.

h) What are the rights conferred by registration of geographical indication to an authorized user?

i) Discuss the procedure for renewal and restoration of a geographical indication.

j) Who can be a registered proprietor of a geographical indication?

2. Miss Malini is an authorised user of the Geographical Indication “Kanchipuram Sarees” which is registered in India.

Miss Malini had mortgaged her rights to exclusive use of the tag “Kanchipuram saree” to M/s Fake GI Entity for 10

years in 2010. After Miss Malini’s death in 2015, her daughter Hema Malini started using the tag for sale of original

“Kanchipuram sarees” in India. M/s Fake GI Entity sued Hema Malini for infringement of its rights as authorized

users which it has gained through the Mortgage Deed executed in 2010.

In light of the above problem, with the help of relevant concepts under the Geographical Indications Act 1999 and

provisions herein, analyze the validity of the mortgage executed between Miss Malini and M/s Fake GI Entity. Finally

decide the case accordingly. (Marks 10)

3. “India being a nation rich in traditional knowledge and cultural heritage has successfully adopted geographical

indications as an Intellectual Property tool for protection of the same”.

Do you agree with the statement? State reasons with the help of appropriate provisions of the Geographical

Indications Act 1999 (Marks 10)

4. Sataki is a Non-governmental organization which uses the indication “Mewar’s Talwar” with logo of two swords

crossing each other and in italics “Registered GI” written along with the indication and the logo. However, no such

geographical indication is yet registered in India. In light of the above facts, discuss who can file a complaint against

Sataki and which provisions of the Geographical Indications Act 1999 will be drawn in the present case.

(Marks 10)

PTO

5. Write short note on “Falsifying and Falsely applying a geographical Indication”. Also state the penalties for falsely

representing a geographical indication to be registered as under the Geographical Indications Act 1999.

(Marks 10)

6. Whether the registration of an indication as a geographical indication will pre-empt the rights of holder of registered

identical trademarks which are registered prior to the registration of the geographical indication? Discuss with help of

provisions of the Geographical Indications Act 1999. (Marks 10)

7. Write short note on:- (Marks 5+5=10)

a) Generic Geographical Indications

b) Homonymous Geographical Indications

*******

I.D. No.___________________


SEMESTER-VIII &X

T&I- International Commercial Law ( Hons. - II)





a. EXW

b. CFR

c. CIP

d. Electronic Fund Transfer (EFT)

e. Hard ship and Force Majure

f. Party Autonomy in International Contract

g. Exclusion under CISG

h. Different letters of credit

i. Gap filling under CISG

j. Combined Single Limit (CSL)

2. If ‘A’ buys goods from ‘B’ for the purpose of resale and ‘B’ fails to deliver, it is clear that ‘A’ has been

deprived of the value of the goods contracted to be delivered to him and that this is a loss following

naturally from the breach. But how is such value to be competed? Is it the price ‘A’ agreed to pay (in which

case his damage will be nominal)? Or the price at which he contracted to resell? Or is it the extra price at

which he contracted to resell? Or is it the extra price (if any) A has to pay to obtain substitute goods?

a. On the basis of given facts determine the cardinal rules involved with help of relevant case laws.

b. Remedies available under International Commercial Law for Breach of Contract. (Marks 6+4 =10)

3. The Scope of the Vienna Convention on International Sales of Goods. Is hardship an exception to

performance of contracts? Explain with relevant references and laws under International Commercial Law.

(Marks 10)

4. Do the UNIDROIT Principles of International Commercial Contracts form a new lex mercatoria?

(Marks 10)

5. Discuss the nature, scope and evolution of Marine Insurance. (Marks 10)

6. Discuss the salient features of the United Nations Conventions on the use of Electronic Communications in

Electronic Contracts. (Marks 10)

7. Write notes on:- (Marks 5+5=10)

a. Explain the evolution of Commercial Arbitration and also its types.

b. Discuss the nature, scope and evolution of International Carriage of Goods by Air.

*******

I.D. No.___________________

END TERM EXAMINATION, APRIL -2018 B.A.LL.B. (HONS.)

SEMESTER-II

English Literature





a) Why does the author call the Dillingham couple Magi?

b) Who was the true romantic in the story ‘The Nightingale and the Rose’? Why?

c) Describe the concluding part of the story ‘The Country of the Blind’.

d) What happens to the slave at the end in the poem “A Slave’s Dream”?

e) ‘They also serve who only stand and wait.’ How?

f) What are the two functions of education according to Palkhiwala?

g) According to Justice M. Hidayatullah, what are the two aspects of study of Law?

h) In the story “The Bet”, why does the lawyer (prisoner) run away from the solitary confinement of the

banker?

i) Why was the verger dismissed from his job and how did he respond to it?

j) “‘Please’ and ‘Thank you’ are the small change with which we pay our way as social beings. They are

the little courtesies by which we keep the machine of life oiled and running sweetly.” Explain.

2. Explain the following with reference to context:- (Marks 5+5=10)

a)

Helen being chosen found life flat and dull

And later had much trouble from a fool,

While that great Queen, that rose out of the spray,

Being fatherless could have her way

Yet chose a bandy-leggèd smith for man.

It’s certain that fine women eat

A crazy salad with their meat

Whereby the Horn of Plenty is undone.

b)

If you can make one heap of all your winnings

And risk it on one turn of pitch-and-toss,

And lose, and start again at your beginnings

And never breathe a word about your loss;

If you can force your heart and nerve and sinew

To serve your turn long after they are gone,

And so hold on when there is nothing in you

Except the Will which says to them: ‘Hold on!’

PTO

3. Justify the title of the story “God sees the truth, but waits”. (Marks 10)

4. Write a critical appreciation of the poem “Death, be not proud” (Marks 10)

5. How does Joseph Addison characterize Sir Roger in his essay ‘Sir Roger at Home’? (Marks 10)

6. Describe the stages a man goes through in his life as stated in his drama ‘As You Like It’. (Marks 10)

7. Critically comment on the speech ‘The Pleasure of Books’ by William Lyon Phelps. (Marks 10)

*******

I.D. No.___________________


SEMESTER-IV

Political Science (Major): Major Political Systems in the World





a. What is Common Law?

b. Describe the composition of the Supreme Court of the United Kingdom.

c. What is Suspensory Veto which is used by the American President?

d. What is Two-Party System?

e. What do you understand by the Swiss Federal Assembly?

f. What is federalism?

g. What do you understand by the ‘Renunciation of War’ in Japan?

h. Describe the election of the Prime Minister of Japan.

i. What is the method of ‘Kangaroo Closure’ in England?

j. What is the difference between Democracy and Republic??

2. “Theoretically, the British monarch still enjoys a large amount of powers and prerogatives. However, in

practice he has come to be virtually a shadow of his former self. He is now a nominal ruler”. In the light of

this statement, point out the role and position of the Monarch in British Political system. (Marks 10)

3. It is said that the “US senate is the strongest second chamber in the world” justify the statement and state the

factors that have been responsible for its strong position. (Marks 10)

4. Discuss the organization and jurisdiction of American Federal Courts. (Marks 10)

5. Critically examine the features of the Federal Constitution of the Swiss Confederation of 1999. (Marks 10)

6. How a Bill can become an Act? Analyse the various stages in the process of Law-Making by The National

Diet of Japan in the light of committees of the house. (Marks 10)

7. Write short notes on any two of the following: - (Marks 5×2=10)

a. Peculiar position of the Chairman of The Swiss Federal Council.

b. Powers of Lord Chief Justice of England and Wales.

c. Functions of the Cabinet in Japan.

*******

I.D. No.___________________


SEMESTER-VI

Political Science (Major): Public Policy Process


Note: Answer five questions including Question No. 1 which is compulsory.The number of marks carried by each question is



a) What do you mean by the expression “Public Policy is a Key instrument of Governance”?

b) What is a Policy Subsystem and how is it different from Policy Universe?

c) What is the ‘Stages Model’ of Public Policy Process?

d) The problem of ‘free-rider’ is associated with which of the interest groups and how?

e) What is a Policy Think-Tank and how it is different from a Research Organization?

f) What is POSDCORB view of Organization?

g) What is Abraham Maslow’s Need Hierarchy Theory of Motivation?

h) What is rational legal authority and how is it different from traditional and charismatic authority?

i) What is the difference between Policy Analysis and Policy Evaluation?

j) What is Ex-Ante Evaluation?

2. Define Public Policy and discuss various approaches to studying public policy citing appropriate examples

from Indian context? (Marks 10)

3. “Legislature does not play a very important role in policy formulation. In fact, in many political systems, its

potential in policy formulation is hardly realized.” In the light of the given statement, discuss the role that

legislature plays in policy formulation in different political systems. (Marks 10)

4. “The unofficial actors play critical roles in the policy process without any explicit legal authority to do so.

In fact, their role in the policy process has grown and evolved with the growth and evolution of the

democratic system of governance around the world.” Substantiate the statement by discussing the significant

roles played by political parties in influencing the public polices in India. (Marks 10)

5. “While some policy analysts regard individual and collective actors as important players in the policy

process, others maintain that what these actors seek and do depends on the political, economic, and social

structures that surround them.” In the light of the above statement, discuss the role played by international

institutional structures/systems in influencing the public policies of national sovereign states. (Marks 10)

6. “Effective policy making is a learning process which involves finding out from experience what works and

what does not and making sure that others can learn from it too...” Critically examine the statement

outlining the importance of policy evaluation in the policy process. (Marks 10)


a. Scientific Theory of Management

b. ‘Top Down’ and ‘Bottom Up’ Approach to Policy Implementation

c. Dynamics of Policy Implementation

*******

I.D. No.___________________


SEMESTER-II

Sociology (Minor): Sociological Thought


Note: Answer five questions including Question No. 1 which is compulsory.The number of marks carried by

each question is indicated at the end of the question.

1. Explain the following (each explanation should be in approximately 100 words)(Marks 210=20)

a) Life World

b) Cultural Capital

c) Westernisation

d) Law of Three Stages

e) Historical Materialism

f) Communicative Action

g) Jural Postulates

h) Simulation Society

i) Post Modernism

j) Interest Theory

2. “Any kind of knowledge reaches the positive stage early in proportion to its generality, simplicity and

independence of other departments.” Illustrate this statement with relevant theoretical approach.

(Marks 10)

3. “Social world is by no means homogenous but exhibits a multiform structure. Each of its spheres or

regions is both a way of understanding the subjective experiences of others.” discuss the

phenomenology of social world as explained by Alfred Schutz. How the Phenomenology of

Socialworld combined Weber’s sociology with Husserl’s phenomenologicalmethod? (Marks 10)

4. Durkheim realized that only if members of a society were anchored to common sets of symbolic

representations, to common assumptions about the world around them, could moral unity be assured.

Without them, any society, whether primitive or modern, was bound to degenerate and decay.

Elucidate the quote with right theoretical Orientation and describe various types of ‘Suicides’

discussed by Durkheim with relevant examples. (Marks 10)

5. “Law itself is more than a body of rules. It is the knowledge and experience with which the juristic

process is carried on. It not only includes rules, principles, concepts, and standards but also doctrines

and modes of professional thought, skill, and art.” Discuss Roscoe Pound’s theory of sociological

jurisprudence. (Marks 10)

PTO

6. Amidst the ruins of many social theories Jurgan Habermas tried to bridge the vast void between

theory and practice, transcendentalism and functionalism, and moral-ethical and scientific–technical

realms. Describe the theoretical relevance and basic postulates of critical theory. (Marks 10)

7. The manner in which British transferred political power to Indians enabled caste to assume political

functions. The provisions of constitutional safeguard to Scheduled Caste and Scheduled Tribe’s have

given a new lease to life of caste. Discuss caste from perspective of M.N Srinivas. (Marks 10)

*******

I.D. No.___________________


SEMESTER-IV

Environmental Law




1. Answer the following (each answer should be in approximately 100 words)(Marks 210=20)

a) Explain the importance of MC Mehta v Kamal Nath (2002) 3 SCC 653

b) What is Agenda 21?

c) Write down the Salient Features of the Biodiversity Act, 2002.

d) Define the term “environment” under the Environment Protection Act, 1986.

e) Define the precautionary principle.

f) Explain the importance of Brundtland Report 1987.

g) Write the important features of Kyoto Protocol.

h) Write the importance of Articles 252 and 253 of the Indian Constitution in the context of Indian

environmental law.

i) Explain the judicial contribution of Justice VR Krishna Iyer in protection of environment in India.

j) Explain “Intergenerational Equity”.

2. Write Notes on the following: (Marks 5+5)

a) Vellore Citizens’ Welfare Forum v. Union of India (1996) 5 SCC 647.

b) Rural Litigation and Entitlement Kendra, Dehradun v. State of UP AIR 1988 SC 2187

3. Write Notes on the Following: (Marks 5+5)

a) Penalties under the Environment Protection Act, 1986.

b) Contribution of the Supreme Court in Indian Council for Enviro-Legal Action v.Union of India

(1996) 3 SCC 212

4. Explain the Absolute Liability Principle and compare it with the Strict Liability Principle. Write three

important judgments of the Supreme Court of India on application of the Absolute Liability Principle.

(Marks 10)

5. Write three important Judgment of the Supreme Court of India on Environmental Impact Assessment

law. (Marks 10)

6. Write Short Notes on the Following: (Marks 5+5)

a) Offences by the companies under the Pollution Control Legislations.

b) Explain the rights of tribes and other forest dwellers under the Forest Rights Act, 2006.

7. Explain the following: (Marks 5+5)

a) Explain the law relating to bio-medical waste in India.

b) Write the contribution of the Supreme Court of India in protection of Wild Life.

*******

I.D. No.___________________


SEMESTER-VI

Jurisprudence-II




1. Explain the following (each explanation should be in approximately 100 words)(Marks 210=20)

a) Artificial person

b) Material sources of law

c) Animal’s right

d) Declaratory precedent

e) Obiter dictum

f) Local custom

g) Absolute and limited ownership

h) Jus in rem and jus in personam

i) Proprietaryrights

j) Mischief rule of interpretation

2. “The notion that nothing is property which cannot be earmarked and recovered in detenu or trover, may

be true in an early stage of society when property is in its simplest form and the remedies for the

violation of it are also simple, but it is not true in a more civilized state when the relations of life and the

interests arising therefrom are complicated.”

In the light of the above statement discuss the origin and development of the concept of property. Also

explain its changing dimensions in the modern era. (Marks 10)

3. “The liability of a person consists in those things which he must do or suffer. It is the ultimatum of the

law and has its source in the supreme will of the State. A person has a choice in fulfilling his duty and his

liability arises independently in his choice. It cannot be evaded at all. Liability arises from a wrong or the

breach of a duty.”

In the light of the above statement explain the concept of liability and also discuss the various types of

liability. (Marks 10)

4. “Of course, punishment has no purpose except that it works out a larger purpose of criminal law itself.

Perhaps it may be said that whatever purpose is served by punishment is a purpose of criminal law, for

example, the compelling of persons to cease or refrain from committing crime, by forcing or persuading

them to conform to the established rules of conduct designed for the protection of government, of life, of

property and of other rights, privileges and immunities guaranteed by law.”

In the light of this statement give a jurisprudential account of the concept and purpose of punishment.

Also explain in brief the different theories of punishment drawing attention to their merits and demerits.

(Marks 10)

PTO

5. “While the different theories of corporate personality contain elements of truth, no theory can, by itself,

adequately interpret the phenomenon of juristic personality. The reason is that corporate personality is a

technical legal device, applied for a multitude of very diverse aggregations, institutions and transactions

which have no common political or social denominator, for a particular type of juristic personality. None

of them foresaw the extent to which the device of incorporation would be used in modern business.”

In the light of the above statement critically examine the various theories of corporate personality. Also

highlight their merits and demerits. (Marks 10)

6. “The essence of a legal right seems to be not legally guaranteed power by itself nor legally protected

interest by itself, but the legally guaranteed power to realize an interest.” In the light of given statement

explain the concept of Right. Also examine the various theories of ‘Right’ and discuss which theory is

more applicable in the contemporary times.

(Marks 10)

7. Write Short Notes on the following:(Marks 5×2=10)

a) Role of judges in interpretation of statutes

b) Constitutionality of capital punishment

*******

I.D. No.___________________


SEMESTER-VIII

Land Laws





a) What do you mean by ‘improvement in Holding’

b) Define urban area

c) Definition of revenue survey

d) Objective of Consolidation of holding.

e) Definition of accommodation

f) Explain ‘social nuisance’.

g) Purpose of making tenancy agreement under the Chhattisgarh Rent Control Act, 2011.

h) Define the word “affected family”

i) How an ‘award of solatium’ decided by the collector.

j) Why temporary occupation of waste or arable land made?

2. Discuss the provisions relating to appeals under the Chhattisgarh Land Revenue Code, 1959. Under what

conditions no appeal shall lie against an order of the revenue court? Discuss the limitation of appeal

under the code? (Marks 10)

3. Explain the Chhattisgarh Land Revenue Code provisions with respect to variation of land revenue

according to the purpose and with reference to the use of land and categorization for that specific

purpose? (Marks 10)

4. Explain the Chhattisgarh Land Revenue Code provisions in respect of the procedure for reinstatement and

restoration of possession to a Bhumiswami, occupancy tenant and government lessee improperly

dispossessed. (Marks 10)

5. Discuss thePowers, Functions and procedure of different rent control authorities prescribed under the

Chhattisgarh Rent Control Act, 2011. (Marks 10)

6. “Determination of social impact assessment and public purpose is necessary before the acquisition of the

land”. Discuss it with the help of relevant provisions of the Act of 2013. (Marks 10)

7. “Passing of Rehabilitation and Resettlement award is an important requirement for the benefit of the

affected families.” Examine the relevant provisions and procedural requirement of the award.

(Marks 10)

*******

I.D. No.___________________


SEMESTER-X

Media & Law (Optional-II)





a. Discuss the evolution of broadcasting regulation in India

b. Discuss the effect theory related to media

c. Public Order as reasonable restriction on Art. 19(1)(a)

d. Discuss ethics related with advertisement.

e. Define License Secrecy

f. Discuss the law relating to Parliamentary proceedings

g. Write an explanatory note on right to receive information

h. Censorship of Media

i. Discuss the role of Press Council of India

j. Discuss the importance of media

2. Those who advertise for commercial gain are not entitled to enjoyment of the fundamental right to free speech

under art 19(1)(a) has no justification. Discuss the development of law of commercial speech with the help of

statutory provisions and leading case laws. (Marks 10)

3. Discuss the followings: (Marks 5+5)

a. Write an explanatory note on main functions of ASCI.

b. Discuss Justice K S Puttoswamy case in relation to Law of Privacy in India.

4. Freedom to air one’s view is the lifeline of any democratic institution and any attempt to stifle or

suffocate or gag this right would sound a death knell to democracy and would help in autocracy or

dictatorship. In the light of abovesaid statement, discuss the freedom of press under Indian Constitution

with the help of judicial decisions. (Marks 10)

5. The law of defamation is a culmination of a conflict between society and individual. It seeks to attain a balance

between right to freedom of speech and expression of media and right of the individual to preserve his honour and

reputation. Explain the law of defamation in common law with exceptions. (Marks 10)

6. Broadcast frequencies are public property; neither the government nor any private entity could claim

ownership over it. Discuss the above said statement with the help of constitutional provisions and judicial

decisions. (Marks 10)

7. Discuss the followings: (Marks 5+5)

a. Write an explanatory note on theories related to media.

b. Critically examine the role of Prasar Bharti.

*******

I.D. No.___________________


SEMESTER-X

Women& Law (Optional-II)





a. Postmodern feminism

b. Role of Brahmo Samaj in empowerment of women in India.

c. Role of Arya Samaj in Women Education.

d. Status of women under Buddhism.

e. Women education during Smriti period.

f. Maintenance pendentlite.

g. Amendment in Section 8 of the Hindu Adoption and Maintenance Act, 1956 in 2010.

h. Punishment for causing miscarriage without woman’s consent under IPC.

i. Offence under Section 354 IPC.

j. Indecent representation of women.

2. With reference to relevant case law discuss the essential elements of offence of dowry death under Section

304-B of Indian Penal Code 1860. Also discuss the punishment prescribed for this offence.(Marks 10)


a. Discuss the extended scope of meaning of the offence of sexual harassment under the Sexual Harassment

of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013.

b. What is the complaint mechanism under the Sexual Harassment of Women at Work Place (Prevention,

Prohibition and Redressal) Act, 2013? Also make a critical note on penalties provided for under the Act.

(Marks 5+5)


a. Make a critical assessment of the role of National Commission of Women in achieving its objective.

b. Discuss the constitutional framework to protect women from discrimination and indignity to their person.

(Marks 5+5)

5. Make a comparative note on provisions causing discrimination and exploitation of women under Hindu and

Muslim Personal law of marriage and divorce. (Marks 10)


a. Critically discuss the guidelines issued by the Supreme Court of India in the case of Gaurav Jain v. Union

of India, (1997) 8 SCC 11 for rescue and rehabilitation of the victims of sexual exploitation.

b. Discuss the importance and relevance of Hicklin test in ascertaining the scope of the meaning of

‘obscenity’ under Section 292 IPC. (Marks 5+5)

7. Discuss the following:

a. Law relating to protection of women from their indecent representation through advertisement.

b. The ethical and legal issues involved in commercial surrogacy.(Marks 5+5)

*******

I.D. No.___________________


SEMESTER-X

Law of Insurance (Optional-II)





a. Explain the significance of Lloyd’s Coffee House.

b. What do you understand by Subrogation?

c. What do you mean by Perils of the Sea?

d. Explain the essential elements of ‘Fire’.

e. Distinguish between Insurance Contract and Wagering Agreement.

f. Principle of ‘Utmost good faith’.

g. What is ‘Causa Proxima’?

h. Core functions of Life Insurance Corporation.

i. Burglary Insurance.

j. Voyage and Deviation.

2. (a) “X” owes “Y” Rs.10,00,000/- insures “X’s” life for a like amount. “X” repays the debt to “Y”. “X” then dies.

Can “Y” claim the amount of policy? Justify.

(Marks 04)

(b) What do you understand by the Principle of Indemnity? Whether the contract of life insurance is a contract of

indemnity? If so, give the instances with relevant legal provisions and case laws.(Marks 06)

3. “Insurance is a co-operative device to spread the loss caused by a particular risk over a number of persons who are

exposed to it and who agree to ensure themselves against that risk. Risk is uncertainty of a financial loss.”

In the light of the above statement, explain the concept, nature and functions of Insurance. (Marks 10)

4. What do you understand by “Insurable Interest” in connection with Life, Fire and Marine Insurance? When must it

subsist in the case of Fire, Marine and Life Insurance? Enumerate the different kinds of insurable interest

recognized by law with the help of relevant legal provisions and case laws. (Marks 10)

5. What are the essential elements of Marine Insurance Contract? Explain the Implied Warranties in Marine

Insurance Contract with relevant provisions and case laws.

(Marks 10)

6. Explain the role and functions of the Insurance Regulatory and Development Authority (IRDA) and also discuss

how far it is successfulin growth and development of Insurance business in India.Give Instances.(Marks 10)

7. Answer the following: (Marks-5×2=10)

a. Third party Insurance

b. Distinguish between Double Insurance and Re-insurance

*******

I.D. No.___________________


SEMESTER-X

Indirect Tax (Optional-II)





a. Distinguish between related person and distinct person.

b. Government activities are subject to GST. Explain.

c. What is meant by “naturally bundled.”

d. Enlist the activities which shall be neither treated as supply of goods nor supply of services under

GST.

e. What is short landing? Explain the provision relating to penalty for short landing under Customs.

f. Zero rated supplies and exempted supplies are different. Elucidate the statement.

g. Explain the term “Proper Officer”.

h. Who is a casual taxable person under GST

i. Who can be appointed as authorized person / representative for appearance?

j. Protective duty under Customs.

2. A registered person availing Composition Scheme during the course of a financial year crosses the

threshold limit of turnover allowed for the composition scheme. Will he be allowed to pay tax under

composition scheme for the remainder period till the end of the financial year? Elucidate the statement

in light of the composition scheme under GST regime. (Marks 10)

3. Critically examine the freedom of trade and commerce enshrined under Constitution of India in light of

the suitable case law. (Marks 10)

4. State the provisions relating to Levy and Collection of CGST.

(Marks 10)

5. How would you take input tax credit in the following cases :- (Marks 2.5×4=10)

a. Where goods or services are partly used for business purposes and partly for other purposes.

b. Where goods and services are used for effecting exempted supplies.

c. Claims on capital goods.

d. Transfer of unutilized credits due to change in the constitution.

6. Discuss the provisions relating to E- Commerce under GST. (Marks 10)

7. The taxable event under GST is supply. The time of supply fixes the point when the liability to charge

GST arises. Elucidate the statement under GST regime. (Marks 10)

*******

I.D. No.___________________


SEMESTER-II

Economics (Minor): Indian Economy





a) What are the functions of RBI?

b) State four factors affecting the cropping pattern in India.

c) What is the importance of agricultural credit in agricultural economy in India?

d) Explain the term ‘Density of Population’.

e) Mention the causes of industrial sickness.

f) State the features of Industrial Policy 1991.

g) Explain any four methods of redemption of Public Debt.

h) What do you understand by Current A/C and Capital A/C in Balance of Payments?

i) Differentiate between tax-revenues and non-tax revenues of the Government.

j) What are different forms of organizations used for Public Sector enterprises?

2. Justify that infrastructure contributes to economic development of a country. (Marks 10)

3. Explain how capital market stimulates industrial growth and economic growth of an economy. (Marks 10)

4. ‘The small scale sector constitutes a very important segment of Indian economy.’ Discuss. (Marks 10)

5. India has experienced a striking increase in public expenditure over recent years.’ Do you agree? Give

reasons for your answer. (Marks 10)

6. While explaining how economic growth is linked with poverty reduction, discuss the current anti-poverty

strategy of Government of India for the promotion of economic growth. (Marks 10)

7. Write short notes on any two of the following :- (Marks 5×2=10)

a) Direction and composition of India’s foreign trade

b) Goods and Services Tax

c) The Fourteenth Finance Commission

*******

I.D. No.___________________


SEMESTER-IV

Constitutional Governance – II




1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20) a. Electoral college for the election of President and Vice President of India.

b. Prime Minister and his cabinet

c. Duty of Union to protect the states

d. Money bill and Finance bill

e. Existing laws

f. Federation and Confederation

g. Freedom of arrest as a parliamentary privilege

h. Doctrine of colorable legislation

i. Power of President to decide the age of judges of High Courts

j. President’s Act

2. What are the qualifications and disqualifications of the members of parliament? Give the detailed account of

provisions as to the disqualification on the ground of defection. (Marks 10)


a. Discuss the extent of the power of President to issue an ordinance.

b. An ordinance was promulgated in 2016 declaring a section of population of West Bengal as Schedule Tribe. The

same was re promulgated several times without Parliament passing an analogus Act. Decide the validity of

ordinance. (Marks 5+5)

4. What is the scheme of distribution of legislative powers between Union and states? Also discuss the powers of Union

legislature to make the laws as the matters enumerated in state list. (Marks 10)


a. Institutional mechanism for cooperation and conflict resolution between union and states, as also between states

inter se.

b. Objections of the states that the power exercisable by the union under Article 256 and 257 can be destructive of

not only the autonomy of sates but the very foundation of federal polity. (Marks 5+5)


a. Critically discuss the guidelines issued by Supreme Court of India in the case of S R Bommai vs Union of India

AIR 1994 SC 1991 as to the scope of judicial review of Presidents decision to impose emergency in a state under

Article 356

b. What are the consequences of proclamation of emergency under Article 352 on fundamental rights?

(Marks 5+5)

7. Discuss the following-

a. Role of Finance Commission

b. Amendability of Fundamental Rights (Marks 5+5)

*******

I.D. No.___________________


SEMESTER-VI

Corporate Law-II





a. Additional Director

b. Distinguish between windup and dissolution

c. Distinguish between director and manager

d. Principle of Non-Interference

e. Modes of winding up

f. Class action suit

g. Principles of corporate governance

h. Minority rights

i. Protection against mismanagement

j. Corporate abuse and role of central government

2. Answer the following: (Marks 5+5)

a. State the modes of appointment of director.

b. X was appointed as managing director for life by the Article of Association of a private company

incorporated on 1st june1999. The article also empowered X to appoint successor. X appointed G by will

to succeed him after his death. In relation to the above facts answer the following:

i. Can G succeed X as managing director after the death of X?

ii. Is it possible for the company in general meeting to remove X from his office of directorship

during his lifetime?

3. What is meant by oppression? State weather the aggrieved party would succeed in obtaining relief from

tribunal on the ground of oppression in following cases?

a. The majority of the board of directors override the minority directors and minority directors apply to the

tribunal complaining oppression by majority directors.

b. A petition by majority shareholders complaining oppression by minority shareholders. (Marks 6+2+2)

4. Explain the need of Corporate Governance and its relevance in the present day. How far you agree that

Companies Act, 2013 contain important provisions to improve the quality of corporate governance in India.

(Marks 10)

5. Answer the following: (Marks 7+3)

a. What is winding up? When can a company be wound-up by the Tribunal? Who are the persons entitled

to present petition for such winding-up and when?

b. A and B formed a private limited company in which they were the only directors and shareholders

having equal voting rights. Differences arose between them. They were not even on speaking term. One

of them shareholders filed a winding –up petition. Will he succeed in getting a winding –up order?

6. Explain the powers of company liquidator under the Companies Act? (Marks 10)

7. Explain the following: (Marks 5+5)

a. State the circumstances in which director is compelled to vacate the office.

b. CSR under companies Act, 2013 and its utility *******

I.D. No.___________________


SEMESTER-VIII

Drafting Pleading and Conveyancing





a) Verification of Plaint

b) Set off and counter claim

c) Additional plea

d) Writ petition

e) Legal notice

f) Legal Drafting

g) First appeal

h) Mortgage deed

i) Complaint

j) Application under section 125 Cr. PC.

2. What do you understand by pleading? Write down the main provision of Code of Civil Procedure regarding

the filling of plaint and written statement? (Marks 10)

3. Draft a bail application on behalf of an accused who is wanted in a non bailable offence. (Marks 10)

4. Janardhana, S/o. Krishnaiah residing at D.No. 249, Netaji Road, Tirupati, borrowed Rs. 25,000 agreeing to

pay 24% on 26th Feb, 2016 from G. Srinivasa Yadav, S/o. Ramaiah at D.No. 247, Netaji Road and executed

a promissory note. The promissory note was scribed by K. Venkatasubbaiah a document writer in Tirupati

and attested by a K. Damodhar Reddy and M. Subramanyam Naidu. G. Srinivasa Yadav made demands for

the Repayment of the loan and also caused a lawyers notice dated 04.01.2018 to be send to Janardhana.

Janardhana who received the notice on 27.01.2018 neither paid the amount nor did he respond to the notice.

On 20th March, 2018. G.Srinivasa Yadav filed a suit for the recovery of the debt. In the light of given facts

Draft a plaint. (Marks 10)

5. What do you mean by appeal? Draft an application for an appeal against the seven years of sentence order

of a Session Court. (Marks 10)

6. Aman s/o Amartya residing in Allahabad is interested to lease his five hectare non-agricultural land situated

in Lucknow to a company of bottling plant for ten year. Company has agreed to pay at the rate of 3 lakh per

annum for the property. Draft the deed. (Marks 10)

7. What is the difference between sale and gift? A wants to make gift of his shop in favour of his friend B.

Draft a gift deed (Marks 10)

*******

I.D. No.___________________


SEMESTER-X

Professional Ethics





a) Can a Bangladeshi law graduate be enrolled as an advocate before Calcutta State Bar Council under

Advocates Act, 1961?

b) What are prescribed dresses of advocates and under which law it has been prescribed?

c) What are the various privileges and restrictions attached with Senior Advocates?

d) Up to what extent truth may be accepted as defense in contempt cases?

e) Whether Supreme Court of India can give higher punishment than prescribed under Contempt of

Courts Act, 1971?

f) Is it correct to say that legal profession is a highly dignified profession?

g) Whether convening a press conference on the issue of appointment of judges by an advocate of

Supreme Court is contempt of court?

h) What remedies are available to an advocate in case of non-payment of his fees?

i) Whether services provided by advocates may also comes under the Consumer Protection Act, 1986?

j) What are the conditions of enrollment of an advocate under the Advocates Act, 1961?

2. Elucidate the constitution, powers and functions of Bar Council of India under the Advocates Act, 1961.

(Marks 10)

3. What do you mean by Bar-Bench Relationship? How it is necessary for smooth functioning of

administration of justice. Explain. (Marks 10)

4. Discuss the law points on following conducts of Mr. Ramchandra Sahi, an Advocate of District Court of

Durg: - ( Marks 2.5×4=10)

a. Where he celebrated his election of member of State Bar Council in presence of number of judges and

advocates.

b. Where he appears before a court in which his son-in-law was a judge.

c. Where he was dancing in a marriage party under influence of Vodka and video of the same was

uploaded by his wife on Face book.

d. Where he committed the murder of opponent advocate while presentation of a case.

PTO

5. With the help of relevant rules of Bar Council of India, 1975 and decided case laws, discuss the different

duties of advocates towards Court? (Marks 10)

6. Discuss and critically examine the development of legal profession in India. What are the main changes

brought by the Advocates Act, 1961 in this development? Discuss. (Marks 10)

7. Write Short notes on any Two of the followings: (Marks 5×2=10)

a. Strike by lawyers.

b. Rights to practice and limitation of rights.

c. Concept of Multi-Disciplinary Practice of law and its application in India.

*******

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