Mid Term Examination, March- 2015 Mid Term - Jan. to... · 2018-11-05 · How does Lamb mingle humour and pathos in his essay ‘Dream Children: A Reverie’? (Marks 10) 3. What message

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Mid Term Examination, March- 2015 B.A. LL.B. (HONS.)

SEMESTER – II

ENGLISH LITERATURE

Max. Marks: 20 Max. Time: 1:30 Hrs.

Note: (i) Answer any TWO questions out of three. (ii) All questions carry equal marks.

1. Critically analyse the poem, ‘On His Blindness’. (Marks 10)

2. How does Lamb mingle humour and pathos in his essay ‘Dream Children: A Reverie’?

(Marks 10)

3. What message does Nani A. Palkhiwala give in his convocation speeches and how do they

inspire you as a student? (Marks 10)

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Mid Term Examination, March- 2015 B.A.LL.B. (HONS.)

SEMESTER – IV

TRANSFER OF PROPERTY ACT



1. (a) Examine the scope and object of the Transfer of Property Act, 1882. (Marks 04)

(b) Raj transferred his property to Shekhar for life when Shekhar was 17 years old. After his

death to Shankar for life and after Shankar’s death to Sharad for life and after the death of

Sharad to such son of Sharad as shall first attain the age of 21 years. Sharad died intestate.

Discuss the nature of interests involved and validity of transfer in the light of leading cases

and relevant provisions of the Transfer of Property Act, 1882. (Marks 06)

2. (a) Discuss the transfer by unauthorized person who subsequently acquire interests in

property transferred as given under the Transfer of Property Act, 1882. (Marks 04)

(b) Ram has two sons Raj and Rahul. Ram has become very old and is also suffering from an

incurable disease. But he is still alive. Expecting the Ram must die very soon and he is in

need of money, Rahul sold his half share in Ram’s property to Aditya. Discuss the validity of

this transfer with reference to relevant provision of the Transfer of Property Act, 1882. (Marks 06)

3. (a) Devla bequeaths to Rameshwari a property with a direction that the interest of Rs. 500 or

a component part therefore shall be applied for Rameshwari’s benefit until she reaches 18

years of age. Discuss the nature of Rameshwari’s legacy. (Marks 04)

(b) Explain the following: (Marks 3+3=6)

I. Notice

II. Actionable claim

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SEMESTER – VI

ALTERNATIVE DISPUTE RESOLUTION



1. What do you mean by alternative dispute resolution? State the nature, scope and importance

of this system of dispute resolution. Also state the reasons for the growth and development of

this system. (Marks 10)

2. “Arbitration agreement is held as a stepping stone in the process of arbitration.”

In the light of the above statement discuss the importance and essential requisites of

arbitration agreement. Refer to case laws. (Marks 10)

3. While referring to the statutory provisions discuss the procedure for the appointment of

arbitrators under the Arbitration and Conciliation Act, 1996. (Marks 10)

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SEMESTER – VIII & X

JUDICIAL REVIEW (Hons.-I)



1. (a) What is Constituent Power? (Marks 02)

(b) Discuss whether the Constituent Power is unlimited under the Indian Constitution.

(Marks 08)

2. Discuss the interface between Constitutionalism and Judicial Review. Also compare the

Model of Judicial Review in U.S.A and India. (Marks 10)

3. Write short notes:- (Marks 5×2=10)

a. Administrative Directions and Judicial Review

b. Quasi-Judicial Action and Judicial Review

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CORPORATE REGULATION (Hons.-I)



1. “The Financial Markets facilitate the reallocation of savings from savers to entrepreneurs.

Savings are linked to investments by a variety of intermediaries through a range of complex

financial products called Securities. The Securities market has to interdependent and

inseparable segments namely the primary market and the secondary market. The Primary

Market is the channel for creation of new securities through financial instruments by public

limited companies and government agencies, whereas secondary market deals with securities

which have already been issued.”

Elucidate the above statement with special reference to the recent amendments effected in

the SEBI Act with the help of recent case laws. (Marks 10)

2. Explain the role and functions of Registrar of Companies as a primary regulating authority to

register and administer the companies in India with the help of relevant provisions and

regulations in this regard. (Marks 10)

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

a. Financial Systems in India

b. Self-Regulatory Organizations

c. Role of RBI in Money Market

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IPR TRADEMARK (Hons.-I)



1. (a) ‘Trademarks does not mean, the use of the mark in the trade only, but it has wider

meaning in the present globalised word’ in this context explain the rational for the protection

of trademark and functions of trademarks. (Marks 05)

(b) (i) Define ‘mark’. (Marks 01)

(ii) What do you mean by the term ‘non conventional trademark’? Give example.

(Marks 02)

(iii) What is the difference between ‘device’ and ‘brand’? (Marks 01)

(iv) Differentiate between ‘house mark’ and ‘product mark’ (Marks 01)

2. (a) What do you mean by the term ‘deceptive similarity’? What are the criteria to judge

similarity of goods and similarity of trademark? Illustrate with suitable example. (Marks 05)

(b) Test the registrabilty of the following marks, with explanation (Marks 1×5= 05)

I. Samsung for the category of ‘footwear’.

II. ‘Safo’ for detergent powder.

III. ‘Janta’ for torch.

IV. ‘India’ for electric goods.

V. ‘Shape of banana’ for the category of fruit business as well as footwear.

3. (a) What do mean by the term ‘distinctiveness’? What is the importance of ‘distinctiveness’

in trademark law? (Marks 05)

(b) What do you mean by the term ‘relative grounds for refusal of registration?’ what is the

basic difference between section 9 and section 11 of the Trademarks Act, 1999?

(Marks 05)

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INTERNATIONAL TRADE LAW (Hons.-I)



1. (a) Write an explanatory note on the organizational structure of WTO. (Marks 04)

(b) Discuss the main functions of the WTO? (Marks 04)

(c) What is ''coherence mandate'' in respect of WTO’s relationship with other Bretton-

woods Institutions? Where is it provided in the Agreement Establishing the WTO?

(Marks 02)

2. (a) What do you understand by tariff under multi lateral trading system? Why tariff is

preferred over quantitative restriction under WTO? Discuss the conditions under which

tariff can be modified. (Marks 04)

(b) Discuss the Principle of “General Elimination of Quantitative Restrictions” as

enshrined under Article XI of GATT 1994 with its exceptions in short. (Marks 06)

3. (a) Discuss the rationale of trade and commerce and also discuss the relevance of

“specialization” in context of International Trade. (Marks 02)

(b) Write an explanatory note on any one of the following: (Marks 04)

i. Theory of Mercantilism

ii. Theory of Comparative Advantage

(c) Nowadays everyone would agree with a fact that trade is indispensible for every

country for survival. Hence the importance of trade as such is not an issue for discussion;

but how much trade they have to do, is important for countries to decide. Discuss the

instruments by which countries can regulate trade or protectionist measures that they can

apply in this respect. (Marks 04)

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SEMESTER – II

Political Science (Major): Political Thought



1. Discuss Plato’s contribution to political thought and critically examine its contemporary

relevance. (Marks 10)

2. “What Aristotle calls the Ideal State is always the Plato’s Second Best Sate.” Explain. (Marks 10)

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

a. Distributive Justice of Aristotle

b. Machiavelli as a Modern Thinker

c. Machiavelli’s views on Human Nature

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SEMESTER – IV

PUBLIC INTERNATIONAL LAW



1. “Customs are regarded as the oldest and original source of law”. Discuss sources of

international law in special reference to customs as source of law. (Marks 10)

2. Explain state as a subject of international law in light of Art. 1 of Montvideo Convention

1933. (Marks 10)


a. Distinguish between Monism & Dualism

b. Discuss different types of state in international law

c. Explain the mode of acquisition of a territory known as Terra Nullius.

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SEMESTER – VI

CORPORATE LAW-II



1. “It has sometimes been said that directors are trustees. If this means no more than that directors in

performance of their duties stand in a fiduciary relationship to the company, the statement is true

enough. But if the statement is meant to be an indication by way of analogy of those duties are, it

appears to me to be wholly misleading. I can see but little resemblance between the duties of a trustee

of a will or of a marriage settlement. It is impossible to describe the duty of directors in general terms,

whether by way of an analogy or otherwise.” City Equitable Fire Insurance Co Ltd, Re (1925) Ch

407 Chancery Division (Romer J.)

Do you agree? In light of the above paragraph justify/discuss the meaning and scope of the term

‘director’ as mentioned under the Acts (1956 and 2013) and in doing so critically examine the legal

position, powers and duties of a director based on both, under the equitable & common law principles

and specific provisions of the Indian Companies Act. (Marks 10)

2. “Law intends to relieve the minority shareholders from oppression and mismanagement without

resolving to winding up of the company”

Justify the statement thereby highlighting the domain of the terms ‘oppression’ and ‘mismanagement’

with the help relevant case laws and legal provisions under both the Indian Comp. Act. In doing so,

relate the concept with the principle of Non-Interference in short. (Marks 10)

3. (a) Establish and justify the concept of Shadow Directors. In doing so throw light of the scope of

term ‘in accordance with whose directions or instructions the board is accustomed to act’ and also

briefly talk through the difference between shadow and a de-facto director. (Marks 5)

(b)Write a note on the powers of Company Law Board/Company Law Tribunal with respect to

prevention of Oppression and Mismanagement. (Marks 5)

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Note: Please refer to the relevant provisions of the Companies Act, 1956 and 2013 wherever it is

necessary.

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SEMESTER – VIII

LAND LAWS



1. Explain Appeal under the following heads:- (Marks 5+2+3=10)

a. Appellate authorities in case of first appeal and second appeal.

b. Orders against which there can be no appeal.

c. Time limitation.

2. (a) Write a short note on Board of Revenue. Where are the principal seat and Circuit Courts

of BOR located? (Marks 5)

(b) Define and explain the following:- (Marks 2+3=5)

i. Abadi

ii. Improvement

3. (a) Write a note on variation of land revenue according to the purpose for which land is

used. (Marks 8)

(b) What do you mean by ‘uneconomic holding’? For what purpose it should be used so as to

get exemption from payment of revenue? (Marks 2)

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SEMESTER – X

PROFESSIONAL ETHICS



1. Discuss in brief the historical development of legal profession in India. (Marks 10)

2. What do you mean by professional ethics? Discuss in brief the code of conduct for legal

professionals in India made by Bar Council of India. (Marks 10)

3. What are the essential skills for a lawyer to have a good practice and profession? Discuss.

(Marks 10)

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SEMESTER – II

INDIAN ECONOMY



1. “India is a developing economy.” Do you agree with the given statement? Justify your

answer with proper points. (Marks 10)

2. How development of irrigational facilities in India can contribute to the productivity growth

in Indian agriculture? (Marks 10)


a. Human Development Index in India

b. Small Scale Industries

c. Iron & Steel Industry

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SEMESTER – IV

LABOUR LAW-I



1. Discuss the concept of ‘Industrial dispute’ as defined under the Industrial Disputes Act,

1947. When does an Individual dispute amount to be an Industrial dispute? Discuss.

(Marks 10)

2. “Strike is a weapon in 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)

3. An employer is running an industry where readymade garments are manufactured and 200

workmen are employed. The Employer desires to retrench 30 of its workmen.

In the above condition what steps should be taken by the employer to lawfully retrench them

form the industry? Explain your answer with the help of relevant provisions and case laws.

(Marks 10)

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SEMESTER – VI

Political Science (Major): Public Policy Process



1. What do you mean by public policy? Critically examine the linkage between public policy and

governance and discuss as to how public policy can influence governance or promote good

governance? (Marks 10)

2. “Given the staggering complexity of policy process, the ‘stages model’ of public policy

simplifies the policy making process by breaking it down to a number of discrete stages.” In the

light of the given statement, discuss the stages model of public policy making process by citing

examples from Indian context of the actors and institutions involved in various stages of the

policy process. (Marks 10)

3. Write short notes on any two of the following:- (Marks 10)

a. Statist Approach to Studying Public Policy

b. Role of Judiciary in Policy Formulation

c. Independent Regulatory Agencies

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SEMESTER – VI

Economics (Major): International Economics



1. Consider the given tables and assume one hour of labour time produces:

Table A

Country Wheat (in kg.) Sugar (in kg.)

Hungary 1 2

Brazil 4 3

Table B

Country Butter (in kg.) Hot cross buns (in kg.)

Hungary 20 40

Brazil 40 20

If Trade takes place between Hungary and Brazil,

a. Which table relates to the concept of international trade propounded by Adam Smith and

which table represents the concept of international trade given by David Ricardo?

(Marks 01)

b. What will be the basis of trade according to Ricardo? (Marks 03)

c. By selecting the correct table, explain how Hungary and Brazil will trade with each other

for the given commodities according to the international trade theory given by Adam

Smith. (Marks 06)

2. Suppose India produces silk garments and Japan produces mobile handsets.

a. Explain the term Offer Curves. (Marks 01)

b. Draw the offer curves for India& Japan and show which good does each country import

and export. Also explain the graph. (Marks 04)

c. Explain the determination of equilibrium terms of trade using offer curves. (Marks 05)

3. Write short notes on:- (Marks 5×2= 10)

a. Role of international trade in economic development of India

b. Measures to correct an unfavourable BOP

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SEMESTER – VI

Sociology (Major): Sociology of Law



1. Give a critical evaluation of classical and neo- classical theories of crime, criminal behavior

and crime causation. (Marks 10)

2. Explain the major sociological theories associated with Juvenile Delinquency. (Marks 10)

3. Write a Short note:- (Marks 5×2=10)

a. On the concept “Feeble-mindedness” propounded by Henry Goddard

b. Types of Juvenile Delinquency.

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SEMESTER – II

Sociology: Sociological Thought



1. Explain the social class in Marxian terminology, “the history of all hitherto existing society is

the history of class struggles. Free men and slave, patrician and plebian, lord and serf……are

in the common ruin of the contending classes”- Karl Marx.

Provide a critical analysis of the above statement comparing the present Indian social and

class structure. (Marks 10)

2. “A religion is a unified system of beliefs and practices relative to sacred things, that is to

say, things set apart and forbidden beliefs and practices which unite into one single moral

community called a church, all those who adhere to them.”

Critically explain Emile Durkheim views on it. (Marks 10)

3. Write short notes on the following:- (Marks 5×2=10)

a. Rules for the observation of Social Facts.

b. How is sociology a complex and more subjective science? Explain Comte’s Central ideas

on it.

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SEMESTER – IV

ENVIRONMENTAL LAW



1. “The protection and improvement of human environment is a major issue which affects the

well being of people and economic development throughout the world; it is the urgent desire

of the people of the whole world and the duty of all Governments.”—

Discuss in the light of above statement, how the Stockholm Conference created the

foundation for protection of environment at global level. Explain the main aims and

objectives of the Stockholm Conference and highlight important principles of Stockholm

Declaration on Human Environment, 1972. (Marks 10)

2. Write detailed note on Fundamental Principles of International Environmental Law.

(Marks 10)

3. Write short notes:- (Marks 5×2=10)

a. Concept of Environmental Pollution and its impact.

b. Protection of Environment in Ancient India.

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SEMESTER – VI

JURISPRUDENCE-II



1. Critically evaluate of legislation and custom as a sources of law. (Marks 10)

2. Discuss concept of juristic person. Is state a juristic person? (Marks 10)

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

a. Discuss the concept of duties.

b. Discuss Hohfeld analysis of legal rights.

c. What circumstances make precedent a weak law?

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SEMESTER – VIII

DRAFTING PEADING AND CONVEYANCING



1. (a) Elaborate the differences between the following:- (Marks 03)

i. Mis-joinder and Non-joinder of parties

ii. Necessary and Proper party

(b) Draft a legal notice under Section 80 of the Civil Procedure Code, 1908, against the

General Manager of Railways claiming compensation for delay in Railway Service.

(Marks 07)

2. (a) What is a plaint and what are the various particulars of it? (Marks 03)

(b) Draft a model Anticipatory Bail Petition (Facts should be imagine as per your

perceptions). (Marks 07)

3. (a) What do you mean by Pleadings? What are its basic requisites? (Marks 03)

(b) Draft an application for maintenance U/s-125 CRPC, 1973 on behalf of the wife. (Marks 07)

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SEMESTER – X

MEDIA & LAW (Opt.-II)



1. As observed by Dr. Nadig Krishna Murthy in his famous book, “Indian Journalism” that,

“the story of the press and the history of the freedom of the Press in India have been tales of

constant struggle and progressive achievements under an alien government.” Discuss the Pre

Independence and Post Independence history of Press and related legislative enactments

specifically in context with Print Media. (Marks 10)

2. (a) In the case of Palko v. Connecticut; Justice Cordozo observed that, “the right to free

speech holds a pre-eminent position among all basic rights. It is regarded as the very

foundation, the indispensable condition, for the existence of every other right.” In this

context discuss the importance of right to free speech and expression. (Marks 05)

(b) What do you understand by the terminology “media” and “mass media?” What are the

main functions of media and also discuss various types of media. (Marks 05)

3. As observed by Madhavi Goradia Divan in her book, “Facets of Media Law” that, “the

freedom of speech and expression under Article 19(1)(a) is a concept with diverse facets,

both with regard to the content of the speech and expression and in the means through which

communication takes place. It is also a dynamic concept that has evolved with time and

advances in technology.” In this context discuss Article 19(1)(a) of the Constitution of India

with the help of landmark case laws. (Marks 10)

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SEMESTER – X

LAW OF INSURANCE (Opt.-II)



1. “The contract of insurance is basically governed by the rules which form part of the general law

of contract, but equally there is no doubt that over the years it has attracted many principles of

its own and many contractual principles are applied after necessary modification to such an

extent that it is perfectly proper to speak that we have a –LAW OF INSURANCE.” Do you agree

with the statement? Does this statement apply when we discuss the nature of insurance contract

as “Contract of Indemnity and Contingent Contract”? Explain (Marks 10)

2. When Mr. Nitin was driving his car on 14-6-2013; he caused serious injuries to a pedestrian. He

had a double insurance over his car. The victim initiated a proceeding against Nitin which was

defended by Mahindra Insurance Company on Nitin’s behalf. The third party’s claim for

damages was settled with the approval of court and Mahindra Insurance Company paid 90,000

rupees to the victim on 2-1-2014. Other insurance company Axa Insurance was informed about

the accident on 11-11-2013 by Mahindra Insurance Company. After payment Mahindra asked

Axa to contribute equally and should pay 45,000 to Mahindra. Axa refused to contribute.

Suit is filed by Mahindra Insurance Company against Axa Insurance Company for the payment.

has made an argument that in policy of both the companies, it is expressly mentioned that

immediate notice in writing of accident should be given to the other insurance company if you

seek contribution and even contribution should be proportionately as per the amount of cover

policy. Axa was not informed immediately- necessary condition of contract is broken and even

the cover policy amount of both companies differ. So Axa is not liable to contribute.

What should be the verdict of court? Explain along with proper legal reasoning. (Marks 10)

3. (a) “Suicide committed by an insane person is not an exception under Life Insurance Policy in

India as per contractual principles”. True or False. Discuss (Marks 05)

(b) Critically analyze and give your opinion about judgment given in Hamilton, Fraser and Co.

vs. Pandorff and Co. Case. (Marks 05)

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SEMESTER – II

FAMILY LAW-I



1. (a) Thus, on May 10, 1956, the Hindustan Times carried an advertisement for G P Sippy's

film Shrimati 420, which proclaimed: “Red Letter Day in the History of Social Reform!

Parliament Passes Hindu Succession Bill and Removes Age-Old Injustice to Women.”

Explain the Pre-independence and post- independence efforts which ultimately resulted in

Codification of Hindu Law. (Marks 06)

(b) Miss. Caroline is a Christian by birth and a tourist who came to visit India. After visiting

Banaras she was much allured to the philosophies of Hinduism sincerely wished to live as a

Hindu for the rest of her life. She had taken a government approved tourist guide to help her

to explore India. She expressed her wish to the guide and he agreed to take her to Arya Samaj

for conversion ceremony. The tourist guide who thought to acquire the money and property

in a foreign country planned with the priest to make arrangements for conversion and

marriage and performed accordingly. Now the tourist guide is claiming Miss Caroline as his

wife adducing the proof of ceremonies took place in Arya Samaj. Advice Miss Caroline.

(Marks 04)

2. (a) In Gopalkishan v. Mithileshkumari, (AIR 1979 All 316) the Allahabad High court

observed: “The institution of matrimony under the Hindu law is a sacrament and not a mere

betrothal. Its context is religious. It is regarded as part of the life of the soul. It is holy

spiritual union corresponding to ‘consortium omntumvitoe of Rome’, a process by which, the

husband and wife become one.

Elucidate the statement and also explain the transition of the nature of hindu marriage in

modern days. (Marks 04)

(b) Sangeetha is Rahul’s maternal uncle’s son’s daughter. Sangeetha wants to marry Rahul.

Examine the validity of the marriage if performed. Also give a diagrammatic representation

(Marks 04)

(c) Explain the various forms of marriage (Marks 02)

3. Explain about the Ancient and Modern Sources of Hindu Law (Marks 10)

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SEMESTER – IV

CONSTITUTIONAL GOVERNANCE-II



1. Stark & Co. is a company registered under the Westeros Companies Act, 1956. The company

has oil fields in various parts of the Vale of Arryn. From the Vale of Arryn, oil is transported

in barrels to King’s Landing via Riverlands by roads and inland waterways. On May 15,

2014 the legislature of Riverlands passed the Riverlands Taxation (on Goods Carried by

Roads and Inland Waterways) Act, 2014. The purpose of the Act was to levy taxes on certain

goods, including barrels of oil carried by roads and inland waterways of Riverlands. The Act

was notified on September 12, 2014 and as per the provisions of the Act, the Commissioner

of Taxes, issued a notification directing producers of oil, including Stark & Co. to file

quarterly returns. Consequently, the company challenged the constitutionality of the said Act.

The Constitution of Westeros is pari materia to the Constitution of India, 1950.

Kindly submit your opinion on the constitutional validity of the Riverlands Taxation (on

Goods Carried by Roads and Inland Waterways) Act, 2014. (Marks 10)

2. “Tax is a common burden, while fee is levied as a payment for specific benefit or privilege.”

Elucidate your opinion with the help of relevant authorities. (Marks 10)

3. Write a short note on any two of the following :– (Marks 5×2=10)

a. Niti Aayog

b. Inter State Councils

c. River Water Disputes

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SEMESTER – VI

ADMINISTRATIVE LAW



1. “Absolute supremacy or predominance of regular law as opposed to the influence of arbitrary

power and excludes the existence of arbitrariness of prerogative or even wide discretionary

authority on the part of the government.”

In the light of this statement explain the position of Rule of Law in India. (Marks 10)

2. “It is well recognized principle of interpretation of a statute that conferment of rule making

power by an Act does not enable the rule making authority to make a rule which travels

beyond the scope of enabling Act or which is inconsistent therewith or repugnant thereto”.

In the light of statement explain the Doctrine of Ultra Vires. (Marks 10)

3. Explain the nature and importance of Administrative Directions. Refer to the relevant cases.

(Marks 10)

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COMPENSATORY DISCRIMINATION (Hons.-II)



1. “India embraced equality as a cardinal value against a background of elaborate, valued and

clearly perceived inequalities. Her constitutional policies to offset these proceeded from an

awareness of the entrenched and cumulative nature of group inequalities. The result has been

an array of programs that I call, collectively, a policy of compensatory discrimination.”

In the light of above statements discuss the provisions and programs related to compensatory

discrimination under the Indian Constitution. (Marks 10)

2. “On September 19, 1990 T. Rajeev Goswami, a twenty-year old Brahmin student at Delhi

University, put a lit match to his gasoline soaked body and burst into flames as friends and

classmates watched on in horror. This dramatic scene was repeated throughout India as

university students followed Goswami's example of self-immolation to protest then Indian

Prime Minister V.P. Singh's implementation of the Mandal Commission Report, an extensive

affirmative action program. On the same day, near the city of Hyderabad, forty people were

massacred after extremist supporters of the affirmative action program set an entire train

carriage on fire. The pictures and news stories of student riots over the job and university

reservation scheme soon symbolized the powerful force of caste division which had exploded

in India.”

In the light of above example discuss the reservation provided to the applicants of socially

and economically backward classes, Scheduled Castes and Scheduled Tribes in different

educational institutions. (Marks 10)


a. Social Justice

b. Article 15 (5)

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CORPORATE RECONSTRUCTION (Hons.-II)



1. Corporate Restructuring is vital for survival and growth of a company in today’s fast changing

competitive environment. It has become a common phenomenon in the industry. A number of changes

are taking place in the medium and large scale enterprises to reorient the business and organization

with a view to making them competitive and to triumph over uncompetitive business. Keeping this in

mind, the concept in mind, the concept of corporate restructuring usually implies restructuring the

corporate sector from multidimensional angles with a view to obtain competitive edges thereby

ensuring business success.

Justify. In light of the above paragraph discuss the meaning and scope of corporate restructuring in the

present context. In doing so also talk through the need, kinds and limitations to the schemes related to

corporate restructuring. (Marks 10)

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

a. Issuance of Sweat Equity shares as a mode of organic restructuring

b. Legal framework governing Reduction of Share Capital

c. Corporate Strategies.

3. Around the globe, corporate mergers amalgamations as well as acquisitions have become a universal

practice in the corporate world covering different sectors within the nations and even across the

borders for securing survival, growth, expansion and globalization of the enterprise thereby achieving

multitude of objectives.

Do you agree? Explain the terms ‘Merger’ and ‘Amalgamation’ and discuss its different kinds. Are

these two terms synonyms to each other as they are often used interchangeable or are there any

differences between the two? In light of the above paragraph critically discuss the human and

economic aspects of mergers and amalgamation in India. (Marks 10)

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IPR: PATENT (Hons.-II)



1. (a) Chalk out the patent prosecution process in India along with appropriate time periods,

sections, rules and Forms at relevant places. Also, outline the international routes for filing of

applications available under the Patent Act, 1970. (Marks 07)

(b) At which stage of patent prosecution does an applicant have the “like privileges and rights

as if a patent for the invention had been granted”? Provide reasons for you answer.

(Marks 03)

2. Answer the following:- (Marks 4× 1.5= 6)

(a) Analyze the following for their patentability supporting with cases/ examples.

i. Micro organism in its living form.

ii. Off springs of the transgenic mouse

iii. An algorithm assisting in the physical production

iv. An instrument to check blood group, RBC and WBC’s count.

(b) Explain the three basic criteria of invention as under Section 2(j) of the Act. (Marks 04)

3. (a) Discuss the major developments brought under Indian patent law through TRIPs

enforcement. (Marks 07)

(b) John Locke’s theory of natural right justifies nature of IP as;

“ A person who labours upon resources that are neither owned or held in common has a

natural common right to the fruits of his or her efforts, and that the state has a duty to respect

and enforce that natural right “

On other hand Bentham’s phenomenon that IP give “greatest happiness to greatest number of

people”

Justify the nature of patent law by analyzing the above theories. (Marks 03)

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Class Roll No. _________________



T&I: INTERNATIONAL INVESTMENT LAW (Hons.-II)



1. “As early as 1796, John Adams, after having negotiated for United States the first Treaty on

Friendship, Commerce and Navigation with France, emphatically highlighted the protection of

alien property by rules of international law. Until the Communist Revolution in Russia in 1917

neither state practice nor the commentators of international law had reason to pay special

attention to rules protecting foreign investment. Treaty practice in the nineteenth century

protected alien property not on the basis of an autonomous standard, but reference to the

domestic laws of the host state. Illustration is found in Article 2(3) of the Treaty between

Switzerland and united States of 1850.”

Above mentioned paragraph has been taken from the authoritative work of ‘Rudolf Dolzer’ on

International Investment Law, which illustrates the initial stage of international investment

regime. In the light of above paragraph explain in detail the evolution of International Investment

Law. (Marks 10)

2. The definition of investor and investment are among the key elements determining the scope of

application of rights and obligations under international investment laws. An investment

agreement applies only to investors and investments made by those investors who qualify for

coverage under the relevant provisions. Only such investments and investors may benefit from

the protection and be eligible to take a claim to dispute settlement.

Discuss in the light of relevant provisions of Convention on the Settlement of Investment

Disputes between States and Nationals of Other States (ICSID Convention) and the relevant case

laws. (Marks 10)

3. Briefly explain any two under international investment law: (Marks 5×2=10)

a. Nationality of Corporations

b. Positive and Negative list approach

c. ‘Salini Criteria’

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Class Roll No. _________________


SEMESTER – II

LAW OF CONTRACT-II



1. (a) ‘A’ at the request of ‘B’ sells goods which is in possession of ‘B’ but ‘B’ has no right to

dispose of. ‘A’ does not know it and hands over the proceeds of sale to ‘B’. Afterwards ‘C’

the owner of the goods sues ‘A’ and recovers the value of the goods and costs. Is ‘B’ liable to

indemnify ‘A’? Explain with the help of relevant provisions and case laws. (Marks 05)

(b) ‘Sriniwas’ who is the servant of ‘Girdharilal’, was in the possession of certain goods of

‘Girdharilal’. While the ‘Girdharilal’ was temporarily absent, he pledged the goods. Whether

goods pledged by ‘Sriniwas’ will be a valid pledge? Explain with the help of relevant

provisions and case laws. (Marks 05)

2. (a) ‘A’ hires a horse in Raipur from ‘B’, expressly for the purpose of marching to Bhilai. ‘A’

rides with due care but marches to Bilaspur instead. The horse accidentally falls and is

injured. Whether ‘A’ is liable to pay damages? Explain with the help of relevant provisions

and case laws. (Marks 05)

(b) Sharan who wanted to attend a function left his car in B’s premises after having paid five

rupees and obtained a ‘Car Park Ticket’. He returned from the function and found that the car

has been stolen. ‘A’ sues ‘B’ as a bailee for negligence. Will ‘A’ succeed? Explain with the

help of relevant provisions and case laws. (Marks 05)


a. Rights of subrogation.

b. Surety’s Liability.

*******

Class Roll No. _________________


SEMESTER – IV

MAJOR POLITICAL SYSTEM (MAJOR)



1. “British Monarchy is one of the oldest monarchies in the world which continues to survive till

today as a part of the Liberal Democratic Political System of Britain.” In the light of this

statement, point out the specific distinction between the King and the Crown and discuss the

powers exercised by the Crown. (Marks 10)

2. “Over the years, United State s has fully demonstrated its ability to provide a strong, stable and

efficient system of governance both in times of peace and war.” Substantiate the statement by

explaining the salient features of the US Constitution. (Marks 10)


a. Sovereignty of British Parliament

b. Supreme Court of United Kingdom

c. Veto Power of the President of USA

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Class Roll No. _________________


SEMESTER – VI

INTELLECTUAL PROPERTY RIGHTS



1. (a) X is a play writer and producer of a number of plays including a play called “Kanoon’.

He tried to consider the possibility of filming the said play and narrated the play to Y. Y,

without informing X made a movie “Mohra” which was alleged to be based on the said play.

Is the film “Mohra” an infringement of X’s copyright in the play “Kanoon”? (Marks 06)

(b) Write a short note on the Berne Convention. (Marks 04)

2. (a) Chetan Dutta, an author, entered into an agreement with Penguin Publications to publish a

book written by him on royalty basis. In the agreement Chetan Dutta agreed that the

publishing and selling rights shall be vested and remain with Penguin Publications. The

Preamble of the agreement defined the parties so as to include their respective heirs,

executors, administrators or assigns. One of the clauses of the agreement read: “to transfer

the right without getting an approval of the author.” Later some dispute arose between the

parties as to the nature of agreement and a suit was filed. Decide whether the agreement is

assignment or license? (Marks 05)

(b) Discuss in brief the justifications for protection of intellectual property. (Marks 05)

3. (a) “A patent must be the inventor’s own discovery as opposed to mere verification of what

was already known before the priority date of patent.” Comment on the criteria of

patentability in the light of decided cases. (Marks 06)

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

remain with the author even after the transfer of copyright and the protection lasts during the

whole of copyright term.” Discuss in the light of decided case. (Marks 04)

*******

Class Roll No. _________________



MEDIA & LAW (Opt.-I)



1. “Fundamental right to freedom of speech and expression has in recent times seen expanding

horizons.” Discuss and point out the judicial approach in this regard. (Marks 10)

2. Explain the historical perspectives and development of the Press legislations in India.

(Marks 10)

3. “If it is to be judged reasonable, a restriction must have a rational relation with the object

which the legislature seeks to achieve, and must not be in excess of that object.”

In the light of above statement explain the test to determine reasonableness of restriction

under Article 19 of the Constitution of India? (Marks 10)

*******

Class Roll No. _________________



WOMEN & LAW (Opt.-I)



1. “Women are deities of prosperity. By cherishing women, one cherishes the goddess of

prosperity herself and by affecting her, one is said to pain the goddess of prosperity.”

In the light of above statements discuss the status ascribed to women in India. (Marks 10)

2. “Half of the Indian population are women. Women have always have been discriminated

against and have suffered and are suffering discrimination in silence. Self sacrifice and self

denial is their nobility and fortitude and yet they have been subjected to all inequities,

indignities, inequality and discrimination in silence.”

In the light of above statements discuss how the principle of gender equality is enshrined in

the Indian Constitution? And what protections have been provided to the women under the

Indian Constitution? (Marks 10)


a. Gender Justice

b. National Commission for Women

*******

Class Roll No. _________________



INSURANCE LAW (Opt.-I)



1. (a) Insurance and Assurance are two words used in Insurance Sector but with the time

difference between the two is diminishing. Discuss the difference between them.(Marks 03)

(b) “According to Sir William Anson all insurance contracts are wagering contracts. He

points out that there is not much distinction between insurance in cargo and the wager in

horse race”. Do you agree with his opinion? Support your answer with reason. (Marks 03)

(c) In every contract of insurance the presence of insurable interest is mandatory but there is

a difference in time when that insurable interest is seen in different kinds of insurance policy.

State that difference in timing and also explain the possible reasons for such difference as per

your opinion. (Marks 04)

2. Shopkeeper A insured his glass plate against loss or damage arising from any cause except

fire. Fire broke out in a neighbor’s property, as a result of it, a mob gathered. The mob then

started a riot and broke the glass plate. Should shopkeeper be indemnified? Is fire the

proximate cause of damage? Give reasons for your answer. Also discuss the Scope of Risk

under Insurance law and explain the importance of Causa Proxima in relation to risk.

(Marks 10)

3. (a) Overseas traders played a very vital role in development of Insurance. Traders were

aware about the dangers of trade and their fear led to the formation of contract of Insurance.

What is Insurance? Also discuss the evolution of marine insurance? (Marks 06)

(b) A ship was insured by its owner. When it went for a voyage, it was lost due to the violent

action of the winds and waves. It was evidence that the ship was not seaworthy at the time

when it was sent to sea, but owner did not know about it. The insurers argued that as the ship

was unfit for the voyage, they are not liable for the loss and no indemnification can be

claimed by insured. Insured on the other hand argued that immediate cause of loss are winds

and waves so insurance company should indemnify him. What should be the decision of this

case? Support your answer with the reason. (Marks 04)

*******

Class Roll No. _________________



WTO (Opt.-I)



1. (a) Discuss in brief the Non-tariff negotiations of GATT before establishment of World

Trade Organization. (Marks 06)

(b) Explain with an example the international trade theory embodied in the Preamble of

WTO. (Marks 04)

2. (a) Identify the important differences between WTO and GATT 1947. (Marks 05)

(b) X, Y, Z are member countries of WTO who have a bound schedule of 40% duty on

importation of rubber products. X entered into an agreement with non-WTO member

country B whereby it agreed to charge 32% duty on like rubber products imported in territory

of X. Y and Z have approached WTO alleging violation of Article I of GATT 1994. Decide

with case-laws. (Marks 05)

3. (a) The Agreement Establishing World Trade Organization elaborately mentions how

decision-making happens at WTO. Discuss the same. (Marks 05)

(b) Comment on the relevance of “Aim and effect” test under Article III of GATT 1994.

(Marks 05)

*******

Class Roll No. _________________



INDIRECT TAX (Opt.-I)



1. (a) “In the administration of fiscal laws, whose primary object is to raise revenue, there has

to be some room for compromise and settlement.”

Elucidate the statement and also discuss the jurisdiction and powers of Settlement

Commission along with the procedures to be followed while approaching the same. (Marks 7)

(b) M/s Maccintosh Distillery purchased yeast from the market and mixed the same with

molasses. The mixture called was used for production of alcohol. M/s Maccintosh contends

that wash is not excisable as it has no shelf life of more than 8 hours. Decide the excisability

of the good. (Marks 3)

2. (a) Explain various offences and Penalties under Central Excise Act, 1944 with special

reference to S.11 AC of the Act along with relevant case laws. (Marks 7)

(b) Pappadwala supplied certain raw material and inputs to several household ladies for

making pappads. The said ladies at their own premises, using their labour force made

pappads received job charges. Pappadwala did not supervise their undertakings. The Central

Excise department raises huge demand of duty on pappadwala, alleging that he is the

manufacturer. Argue on behalf of noticee. (Marks 3)

3. Short note on any two of the following: (Marks 5×2=10)

a. HSN

b. Constitutional Validity of Indirect Tax Laws.

c. Different types of Excise Duties.

*******

Documents

Mid Term Examination, March- 2015 Mid Term - Jan. to... · 2018-11-05 · How does Lamb mingle humour and pathos in his essay ‘Dream Children: A Reverie’? (Marks 10) 3. What message