I.D. No. END TERM EXAMINATION, NOVEMBER - 2015 End Term - July to Nov. 2015… · Bhagwandas...

I.D. No.___________________

END TERM EXAMINATION, NOVEMBER - 2015 B.A.LL.B. (HONS.)

SEMESTER-I

Law of Contract-I

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 indicated at the end of the question.

1. Answer the following (each answer should be in approximately 100 words):

(Marks 2×10=20)

a. State the essential elements of a valid contract?

b. Discuss the circumstances under which consent is said to be free?

c. Explain ‘promise’ under the Indian Contract Act?

d. When does a claim on a quantum meruit arise?

e. Explain ‘necessaries’ under Quasi-contract?

f. Discuss void agreements under the Indian Contract Act?

g. What are the different methods of discharge of contract?

h. What do you understand by ‘Doctrine of privity of contract’?

i. Discuss what is promise to pay a time barred debt?

j. What is the objective of specific performance of the act?

2. (a) An auctioneer advertises in the news paper that an auction sale of old furniture’s

will be held at Raipur on 25th January, 2015. ‘X’ a resident of Lucknow reaches,

Raipur on the appointed day and time, but the auctioneer does not hold the auction.

Can ‘X’ recover damages for the loss of expenses on travel from Lucknow to

Raipur and also for the loss of time. (Marks 05)

(b) Discuss the essential ingredients of ‘Undue Influence’ and explain how the court

should proceed in a case where there is allegation of ‘undue influence’. Refer relevant

case laws. (Marks 05)

3. (a) Critically examine the rule of law laid down by the Supreme Court in

Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas & Co. AIR 1966 SC

543 particular with the reference to dissenting opinion. (Marks 05)

(b) ‘Jeevan’ is very good painter. He promises ‘Atul’ for making a painting upto a

particular date on particular price but ‘Jeevan’ dies before that day ‘Atul’ got angry

and institutes a suit against the representative of ‘Jeevan’. Can ‘Atul’ compel the

representative of ‘Jeeven’ for performance of contract? (Marks 05)

4. Justice Hawkins has expressly stated that “to constitute wagering Contract neither of

the contracting parties should have any other interest in that contract than the sum or

stake he will win or lose on the determination of that event”. In the light of above

statement explain wagering agreement with the help of cases. (Marks 10)

5. (a) “Mere silence as to facts likely to affect the willingness of a person to enter into

a contract is not fraud, unless the circumstances of the case are such that, regard being

had to them, it is the duty of the person keeping silence to speak or unless his

silence is, in itself, equivalent to speech”. Discuss. (Marks 05)

(b)Mr. Arun Deshmukh sees Mr. Jayesh Tanna’s house on fire and hence does all the

efforts to extinguish the fire though Mr. Tanna has not requested to do so. Can Mr.Arun

Deshmukh demand any payment for his services.? (Marks 05)

6. “The essence of frustration is that it should not be due to the act or election of the

party and it should be without any default of either party and if it was parts own default

which frustrated the adventure he could not rely on his own defaults to excuse him

from liability under the contract”. Explain in the light of the above statement the

relevant provision of the Indian Contract Act. (Marks 10)

7. Write short notes on followings:- (Marks 4+3+3=10)

a. Specific performance of the contract

b. Liquidated damages

c. Unlawful Consideration

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I.D. No.___________________


SEMESTER-III

Constitutional Governance-I





(Marks 2×10=20)

a. Is the preamble a part of the Constitution?

b. Can fundamental rights be waived?

c. Remedies for enforcement of Fundamental Rights

d. Explain the concept of Rule of law?

e. Does the Constitution of India incorporate the doctrine of separation of powers?

f. Prohibition of Untouchability under the Constitution of India

g. Writ of Prohibition

h. Can fundamental rights be enforced against private persons/entities?

i. Right to Education under the Constitution of India

j. Meaning of ‘Begar’

2. “Clauses (4-A) and (4-B) of Article 16 do not violate the basic structure of the Constitution.”

Do you agree? Kindly submit your opinion with the help of relevant case laws. (Marks 10)

3. Priyamvara is a citizen of Utopia. She is a renowned journalist and writes a regular column in

a leading daily newspaper “The Times of Utopia” which is published from Tibay, Irashrta.

Utopia has a diverse population in terms of culture, language and religions. However most of

the population either follows Morseism or Stellarism. Commenting upon some recent

terrorist activities going on in the neighbouring country of Dystopia, Priyamvara stated that

the followers of Stellarism are often engaged in terrorism. For her comments she was

penalised under Section 8 of the Irashtra Press Act, 1986 which prohibits any speech that

may result in public disorder and contains a penalty of imprisonment upto three years and/or

fine upto Rupees 10,000. Consequently, Priyamvara has challenged the Section 8 of the

Irashtra Press Act, 1986 as unconstitutional and violative of her freedom of speech and

expression guaranteed under the Constitution of Utopia, 1960. The Constitution of Utopia is

pari materia to the Constitution of India, 1950.

Kindly submit your opinion on whether Section 8 of the Irashtra Press Act, 1986 is

constitutional or not? (Marks 10)

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

a. Protection against Ex Post Facto Laws under the Constitution of India

b. Right against Self Incrimination under the Constitution of India.

c. Safeguards with respect to preventive detention under the Constitution of India.

5. “Right to life includes the right to live with human dignity and all that goes along with it.”

Discuss with the help of relevant case laws. (Marks 10)

OR

Joffrey has been sentenced to death by the Supreme Court of Justitia for committing the

offence of rape and murder of a 4 year old girl. While on death row, he has been kept in

solitary confinement by the prison authorities. His conduct in the prison has been non –

violent thus far nor has he made any attempts to escape from the prison. Hodor, a fellow

prisoner wrote a letter to the Supreme Court of Justitia seeking redressal for violation of the

fundamental rights of Joffrey, as Joffrey has been kept in solitary confinement for no reason

whatsoever apart from the fact that he has been sentenced to death. The Constitution of

Justitia is pari materia to the Constitution of India. Kindly submit your opinion on the

following –

a. Can the Supreme Court admit the petition which has been sent as a letter by a fellow

prisoner.

b. Which fundamental rights of Joffrey have been violated and how?

6. The Government of Bihar by an executive order prohibited the bursting of fire crackers

between 10.00 pm to 6.00 am even on Diwali night. The Government stated in its order that

not only the bursting of crackers causes air and noise pollution, it also affects small children

and animals. Consequently Ramprakash Tikri, a resident of Patna, Bihar has approached the

Supreme Court challenging the said order as unconstitutional and violative of his right to

freedom of religion guaranteed under the Constitution of India, 1950. Kindly submit your

opinion with the help of relevant case laws and provisions of the Constitution. (Marks 10)

7. “The Constitution lays down certain Directive Principles of State Policy and after long

discussion we agreed to them and they point out the way we have got to travel. The

Constitution also lays down certain Fundamental Rights. Both are important.” Discuss the

relationship between DPSPs and Fundamental Rights with the help of relevant cases.

(Marks 10)

OR

The Society of Buddha runs the Avalokiteshwara College in Hyderabad, Telangana with the

object of providing higher education to Buddhist students. The college is affiliated to

Telangana University under the Telangana University Act, 2015.The College does not

receive any aid from the Government of Telangana. Out of the entire population of

Telangana, Buddhists constitute 15%, whereas Hindus constitute 50% of the population

while the rest of the population comprises of Muslims, Christians and Jains. The Telangana

University Act, 2015 was amended and Sections 41A, 41B and 41C were added. These

provisions provided for university nominees in the governing and selection bodies of all

colleges, procedure with respect to appointment and qualifications of teaching staff and

dispute resolution mechanism for resolving disputes between staff and management of these

colleges. The Society of Buddha has challenged these provisions as unconstitutional and

violative of the rights guaranteed to the minorities under the Constitution of India, 1950.

Kindly submit your opinion on the following with the help of relevant case laws

a. Who is a minority under the Constitution of India?

b. Whether the impugned provisions are constitutional or not?

*******

I.D. No.___________________


SEMESTER-V

Indian Penal Code (CPC)





(Marks 2×10=20)

a. Explain the extension of the Indian Penal Code to extra-territorial offences.

b. Define the term “dishonestly” as per the provisions of IPC.

c. If any act is done in good faith for the benefit of a person without consent, can it be

treated as an offence under the provisions of IPC ?

d. Under what circumstances the right of private defence of the body extends to causing

death?

e. When does an act be treated as an abetment under the provisions of IPC ?

f. State the essential ingredients of unlawful offences.

g. What is the difference between wrongful restraint and wrongful confinement?

h. What do you understand by the term “cheating by personation” ?

i. Under what circumstances the offence of theft is treated as robbery ?

j. What are the essential ingredients require to constitute an offence of dowry death ?

2. (a) A enters at night in a house which he is legally entitled to enter. Z in good faith taking A,

a house-breaker attacks A. In this circumstance can A exercise his right of private defence

against Z ? Support your answer with relevant case laws. (Marks 05)

(b) What are the exceptions of right to private defence? (Marks 05)

3. (a) A with the intention of murdering Z, instigates B, a child under seven years of age. B’s

act causes Z’s death. State the liability of A under the provisions of IPC. (Marks 05)

(b) A instigates B to give false evidence. B does not give false evidence. Can A be punished

for the offence of abetment? Support your answer with relevant case laws. (Marks 05)

4. “Every murder is culpable homicide, but every culpable homicide is not murder”. Elucidate

the statement with relevant case laws. (Marks 10)

5. (a) A finds a gold ring belonging to X on a table in the house of X. A removes the ring and

took into his possession. State the liability of A under the provisions of IPC.

(b) State the difference between theft and extortion. Support your answer with relevant case laws.

6. (a) Y finds a Government promissory note belonging to Z, bearing a bank endorsement. Y

knowing that the note belongs to Z, pledges it with a banker as a security for a loan,

intending at a future to restore it to Z. State the liability of A under the provisions of IPC.

(b) What are the essential ingredients required to constitute an offence of criminal breach of

trust. (Marks 5×2=10)

7. (a) M causes cattle to enter upon a field belonging to Z, intending to cause damage to Z’s

crop. State the liability of M under the provisions of IPC.

(b) What do you understand by the term defamation? What are the exceptions of defamation?

(Marks 4+6 =10)

*******

I.D. No.___________________


SEMESTER-VII

Criminal Procedure Code (Cr.P.C.)





(Marks 2×10=20)

a. Distinguish between bailable and non-bailable offence under the Code of Criminal

Procedure, 1973.

b. ‘A’ is charged under 407 of the Indian Penal Code, 1860 with criminal breach of trust in

respect of property entrusted to him as a carrier. It appears that he did commit criminal

breach of trust under section 406 of that code in respect of the property, but it was not

entrusted to him as a carrier. Decide with reasons whether the accused may be convicted

under section 406 of the Indian Penal Code, 1860?

c. Police is an instrument for the detection and prevention of crime. Explain ‘Officer in

charge of a police station’ under the Code of Criminal Procedure, 1973.

d. One person is charged with section 326B of Indian Penal Code, 1860, for voluntarily

throwing acid on a girl for which he shall be punished for 5 years but which may extend

to 7 years and with fine. Classify the said offence with your reasoning under the Code of

Criminal Procedure, 1973.

e. What do you mean by Complaint? Under what circumstances a report made by a police

officer shall be deemed to be a complaintunder the Code of Criminal Procedure, 1973.

f. Briefly explain the territorial divisions as provided under section 7 of the Code of


g. The person arrested shall not be subjected to more restraint than is necessary to prevent

his escape. Explain the statement as a principle of natural justice provided under the

Code of Criminal Procedure, 1973.

h. Briefly explain the conditions when a wife shall not be entitled to receive an allowance

for the maintenance or the interim maintenance and expenses of proceeding as the case

may be, under section 125 the Code of Criminal Procedure, 1973.

i. Explain those offences which can be tried summarily under Chapter XXI of the Code of


j. Explain those conditions when manner of committing offence must be stated in the

charge.

2. “Whena police officer apprehends a pick-pocket he is arresting the pick-pocket; but when a

dacoit apprehends a person with a view to extract ransom, the dacoit is not arresting.”

Discuss the concept of arrest in the light of abovementioned statement. Also mention the

circumstances in which a police officer may arrest any person without an order from a

Magistrate and without a warrant. (Marks 10)

3. The object of arrest and detention of the accused person is primarily to secure his

appearance at the time of trial and to ensure that in case he is found guilty he is available to

receive the sentence. If his presence at the trial could be reasonably ensured otherwise than

by his arrest and detention, it would be unjust and unfair to deprive the accused of his liberty

during the pendency of the criminal proceedings against him. As court rightly mentioned in

Sanjay Chandra v. CBI, (2012) 1 SCC 47 that the law of bails has to dovetail two conflicting

demands, namely, on one hand, the requirements of the society for being shielded from the

hazards of being exposed to the misadventures of a person alleged to have committed a

crime; and on the other, the fundamental canon of criminal jurisprudence, viz., the

presumption of innocence of an accused till he is found guilty.

Examine the abovementioned paragraph? Also explain that under what circumstances release

on bail is mandatory under the Code of Criminal Procedure, 1973. (Marks 10)

4. What do you understand by trial of an offence? Discuss in detail the trial procedure followed

before the Court of Session as provided under the Code of Criminal Procedure, 1973.

(Marks 10)

5. Supreme Court of India has viewed in H.N. Rishbudv. State of Delhi, 1955 Cri LJ 526 that

investigation is not only the collection of evidence but it starts with proceeding to the spot

and also includes the discovery and arrest of the suspected offender.

Discuss the concept of Investigationin the light of abovementioned case. Also explain in

detail the procedure followed when investigation cannot be completed in twenty-four hours.

(Marks 10)

6. “For every distinct offence of which any person is accused there shall be a separate charge

and every such charge shall be tried separately.”

Elucidate the abovementioned basic rule and also explain the exceptions to the above rule.

(Marks 10)

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

a. Cancellation of the order of maintenance under Chapter IX of the Code of Criminal

Procedure, 1973

b. Public Prosecutor under the Code of Criminal Procedure, 1973

c. Inquest Reportunder the Code of Criminal Procedure, 1973

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I.D. No.___________________


SEMESTER-I

English Language





(Marks 2×10=20)

a. How does reading help to enhance other language skills?

b. What are the measures to remove problems of legal language?

c. Write 24 special verbs with negative contracted forms and write their uses through

examples.

d. What are the barriers of communication?

e. Write about your way of communication with your mother, father or any of the family

members with whom you have a very good bonding.

f. How can one improve his pronunciation?

g. What is the importance of command on language?

h. What are the features of a good listener?

i. What role does audio visual play in language learning?

j. Write a paragraph on ‘Manners are the ornaments of actions’.

2. What do you mean by conveyancing? What are the ingredients of conveyancing? (Marks 10)

3. Write an essay on any one of the following in about 400 to 450 words - (Marks 10)

a. My Idea of a happy life.

b. Youth addiction.

c. Memorable day of my life.

4. (a) Write a letter to the editor of a Newspaper commenting on “Student Discipline”.

(Marks05)

(b) Change the voice: (Marks 05)

i. They always admire this picture.

ii. The tower of London was formerly used as a prison.

iii. We have invited you to lunch tomorrow.

iv. Did anyone ask any question about me?

v. Nobody must take away these books.

5. (a) Write down the 44 sounds of English with an example each. (Marks 05)

(b) Supply suitable tense. (Marks 05)

i. We (study) these days.

ii. We all (celebrate) diwali last week.

iii. Sachin (play) cricket for about 25 years.

iv. Dhoni (play) cricket since 2004.

v. She (cut) her finger very often.

6. (a) Write down the meaning of the following maxims. (Marks 05)

Conscientia legis nun quam contravent.

Cullibet in sua arte perito est credendum.

Dum se bene gesserit.

Injuria non excusat injurium.

Judex est lex loquens.

(b) Give one word substitution for the following – (Marks 03)

i. A decision which can not be changed.

ii. Formal investigation of a person’s activities.

iii. To with draw from an agreement.

(c) Write the meaning of the following homophones – (Marks 02)

i. Gaol – goal

ii. Decree – degree

7. (a) Write down the characteristics of a competent communicator. (Marks 05)

(b) Write a report on HNLU Convocation 2015. (Marks 05)

*******

I.D. No.___________________


SEMESTER-III

Indian Political System: Institutional and Political Dynamics (Major)





(Marks 2×10=20)

a. What are the federal features of Political System?

b. Is India a Secular State?

c. What are the freedom as expressed under Article 19 of Indian Constitution.

d. What are Gandhian Principles as enshrined in Indian Constitution.

e. What is Election Procedure of Indian President?

f. What is Power of Judicial Review?

g. What are the effects of Proclamation of National Emergency?

h. How Governor of a State act as the representative of Centre?

i. What are important pressure groups active in India?

j. What are the major features of the 74th Constitutional Amendment Act 1992?

2. It is remarked that Constitution of India was prepared after ransacking all the known

Constitution of the World. In the light of this statement, mention how Indian Constitution has

derived many salient features from diverse sources? (Marks 10)

3. “The Prime Minister is the keystone of the cabinet arch”. Examine this statement in the

context of the relationship of the Prime Minister with council of Ministers in India.

(Marks 10)

4. Compare and Contrast the position of Rajya Sabha and Lok Sabha in India with regard to the

performance of their Power and Functions. (Marks 10)

5. What is Coalition? Explain the Coalition Government in India since inception.

(Marks 10)

6. The 73rd Constitutional Amendment Act 1992 deals with panchayati Raj Institutions, which

provided three tier systems in India. The list of objects for PRI’s has been given under

Eleven Schedules. Explain in details. (Marks 10)

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

a. Independence of Indian Judiciary.

b. Centre State Administrative Relations.

c. Major issues creating tension between the centre and the state.

*******

I.D. No.___________________


SEMESTER-V

Political Science: International Relations (Major)





(Marks 2×10=20)

a. Growth of International Relations.

b. Essence of Neo-Realism.

c. What are the main causes of II World War?

d. What are the reasons of collapse of USSR?

e. What are the effects of globalization?

f. What are the Generations of Human Rights?

g. What are the main functions of General Assembly of United Nations?

h. What is Sustainable Development?

i. What are the determinates of foreign policy?

j. What are the basic principles of Strategic Arms Reduction Treaty (START-1)?

2. Bring out the difference between international relations and international politics. Analyse

the scope and significance of international relations as an academic discipline. (Marks 10)

3. What is Disarmament? Analyse the steps towards Disarmament and Arms Control.

(Marks 10)

4. What is terrorism? Examine the Causes and suggest remedial measures for over coming from

it. (Marks 10)

5. Make a ritical evaluation of the achievements of the United Nations Organization.

(Marks 10)

6. “A nation formulates its foreign policy taking into consideration its various national interests

and objects. In this process, certain determinants broadly classified into internal and external

play crucial role”. In the light of this statement identify the basic principles of Indian foreign

policy in contemporary times. (Marks 10)

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

a. What are the factors responsible for adoption of non-alignment?

b. Need for Disarmament.

c. Relevance of SAARC in the contemporary regional scenario.

*******

I.D. No.___________________


SEMESTER-I

Introduction to Sociology (Minor)





(Marks 2×10=20)

a. Relate social cognition with sociological imagination.

b. Problem of objectivity in Sociology.

c. Socialistic feminists and their major views on existing social structure.

d. What is functionalism?

e. Sociology as a value free science.

f. Distinguish between in-group and out-group.

g. Role of law in social equilibrium.

h. Explain intra-generational and inter-generational conflicts.

i. Importance of Teknonymy in Indian kinship structure and function.

j. What is ethnocentrism?

2. Sociology does not study each and every event that takes place in society. It makes

generalization on the basis of some selected events. Elaborate your answer with suitable

facts, views and examples. (Marks 10)

3. “The search for a biological basis for social stratification is bound to end in failure since the

identification as well as the gradation of qualities is a cultural and not a natural process”.

Critically analyze the above statement with theoretical insights. (Marks 10)

4. Makean interlock of marriage, family and kinship. Provide an analysis with the contemporary

relevance and dynamics of the above social institutions. (Marks 10)

5. Socialization, a process by which individuals acquire knowledge, language, social skills and

value to conform to the norms and roles required for integration into group or community.

Supply your answer on the basis of C. H. Cooley’s theory of looking-glass self and G. H.

Mead’s development of the Self consciousness. (Marks 10)

6. How is culture a complex process? Discuss its traits, typologies and development in the light

of the theory of cultural growth propounded by Alvin Toffler. (Marks 10)

7. Write Short Notes (Marks 5×2=10)

a. Importance of methodology in project writing

b. Distinction between role conflict and role strain

*******

http://www.businessdictionary.com/definition/individual.html

I.D. No.___________________


SEMESTER-III

Law, Poverty & Development (Minor)





(Marks 2×10=20)

a. What is human poverty?

b. What are four wheels of development?

c. What was the main objective of Protection of Civil Rights (PVR) Act 1955.

d. What is function of Supreme Court Legal Service Committee?

e. Discuss objectives of Indian economic Planning.

f. What are rights of forest dwellers in India?

g. What is Human Development Index?

h. Bonded Labour Abolition Act

i. International Poverty Line.

2. While discussing different concepts of poverty, throw light on tools of measurement of

poverty. (Marks 10)

3. What is Inclusive growth? Discuss the steps taken by the government towards Inclusive

growth in Eleventh Five Year Plan. (Marks 10)

4. What is Financial Inclusion? Discuss the features of latest scheme of Financial Inclusion in

India. (Marks 10)

5. Discuss the main functions of National Legal Service Authority’ as per National Legal

Services Authorities Act, 1987. Throw light on its current activities. (Marks 10)

6. What do you mean by Food Security? Discuss the mean features of National Food Security

Act, 2013. (Marks 10)

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

a. MGNAREGA

b. Lok Adalats in India

c. Economist Angus Deaton

*******

I.D. No.___________________


SEMESTER-V

Corporate Law-I





(Marks 2×10=20)

a. What is understood by ‘Lifting of corporate veil’?

b. What do you mean by ‘Body corporate’?

c. When a company is made liable for ‘Preincorporation contract?

d. What are exceptions to ‘Turquand rule’?

e. What is ‘Shelf Prospectus’?

f. Distinguish between ‘Underwriting Commission’ and ‘brokerage’.

g. What is understood by ‘Rights Issue’?

h. Explain the time limit for convening annual general meeting by a company.

i. How dividend is declared and by whom?

j. What is understood by ‘debenture trustee’ and ‘debenture trust deed’?

2. “Incorporation offers certain advantages to the business community which other types of

business organizations generally do not enjoy.”

In the light of above, discuss the advantages and disadvantages of incorporation. Support

your answer with case laws. (Marks 10)

3. (a) What are contained in memorandum of association? Expalin the process of change of

object clause with case decisions. (Marks 05)

(b) Monnet & Company Ltd. desires to shift its registered office from Raipur to Hyderabad.

The state of Chhattisgarh raises objections against such shifting. Decide with reasons

citing case decisions. (Marks 05)

4. Define share. Discuss its kinds mentioning the privileges enjoyed by preference shareholders.

Distinguish between ‘Equity’ and ‘Share’. (Marks 3+4+3=10)

5. (a) “Members and Shareholders are understood as same or, interchangeably”.

With reference to above discuss the process of acquiring membership and shareholder ship in

a company. Is there any exception to above? (Marks 05)

(b) How reduction of capital is made? Explain in brief. (Marks 05)

6. (a) Explain the requisites of a valid meeting. Can there be one man meeting in a company?

Cite the relevant changes brought in by provisions of Companies Act, 2013. (Marks 05)

(b) What do you understand by ‘resolution’? What are its kinds? Point out some matters

requiring sanction by ordinary resolution. (Marks 05)

7. Explain the meaning, kinds and extent of the term ‘Prospectus’. Discuss the relevant

provisions governing the issuance of prospectus highlighting the relevant changes brought in

by Companies Act, 2013. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VII & IX

CG-Compensatory Discrimination (Hons.-I)





(Marks 2×10=20)

a. Impact of Marriage on benefits of Reservation.

b. Significance of Compensatory Discrimination.

c. Reasonable Classification.

d. Functions of National Commission for Scheduled Castes and Scheduled Tribes.

e. Theories of origin of Caste.

f. Difference between Article 15 (4) and 16 (4).

g. Provisions relating to Grants-in-aid.

h. Reservation against a Single Post.

i. Article 15 (5) of Indian Constitution.

j. Objectives of National Policy for Empowerment of Women, 2001.

2. (a) Abolition of Untouchability and the Legal Framework. (Marks 05)

(b) Meaning of Scheduled Tribes under the Indian Constitution. (Marks 05)

3. “Article 15 (4) lays down no criteria to designate backward classes, it leaves the matter to the

State to specify backward classes, but the courts can go into the question whether the criteria

used by the State for the purpose are relevant or not.” – In the light of given statement

discuss the Judicial approach towards determining who are socially and educationally

backward classes for the purpose of Article 15 (4). Also discuss the extent of reservation that

can be made under Article 15 (4). (Marks 10)

4. (i) Critically examine the judicial decisions given in the following cases. (Marks 08)

a. M. R Balaji v. State of Mysore AIR 1963, S.C 649.

b. T. Devadasan v Union AIR 1964 ,S.C 179

c. State of Keralavs N M Thomas AIR 1976, S.C. 748

d. Indira Sawhney&Ors v. Union of India AIR 1993, S.C 477

(ii) Also give your opinion regarding the reservation policy with respect to services in India.

(Marks 02)

5. Short Notes:- (Marks 5×2=10)

a. Interrelation between Justice and Compensatory Discrimination.

b. Political safeguards for Scheduled Castes and Scheduled Tribes under Indian

Constitution.

6. Write a detailed note on the constitutional provisions and legislative enactments for the

protection of rights of women and for improving their social and economic conditions in the

society. (Marks 10)

7. Discuss the administration of Scheduled Areas and Tribal Areas under the Indian

Constitution. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VII & IX

T&I-NRIT (Hons.-I)





(Marks 2×10=20)

a. What is the significance of Comparative Advantage theory with respect to International

Trade?

b. Write a descriptive note on BEST with respect to Foreign Trade Policy (FTP) 2015-20.

c. Write an analytical note on the “charging section” under Customs Act, 1962.

d. Write an analytical note on the historical background of FTP in Indian context.

e. What do you understand by Capital Account Transactions under FEMA, 1999?

f. What are the disadvantages of Multinational corporations for host country?

g. What do you understand by “Import Substitution Policy” in Indian context?

h. Discuss the Person resident in India with respect to FEMA, 1999.

i. Write an analytical note on the concept of reasonableness with respect to freedom to trade.

j. Discuss the power of Central Government to make order and announce FTP under FT (D&R)

Act, 1992.

2. As per Chapter 8 of the current Foreign Trade Policy 2015-20 ‘maintaining an enduring

relationship with foreign buyers is of utmost importance’, and complaints or trade disputes,

whenever they arise, need to be settled amicably as soon as possible. In this respect discuss the

mechanism which has been laid down under FTP 2015-20 to address such complaints and

disputes. (Marks 10)

3. Discuss Importer-Exporter Code (IEC) No. and its significance as per FT (D&R) Act, 1992. And

also discuss the procedural requirements to obtain it as discussed under current Foreign Trade

Policy 2015-20. (Marks 10)

4. According to Ministry of Commerce and Industry, “since 1991 the regulatory environment in

terms of foreign investment has been consistently eased to make it investor-friendly and as a

result it has been ranked among the top 3 attractive destinations for investments.” In this context

write a descriptive note on the regulation/policy/components of Foreign Investment in India and

also discuss the role of the Securities and Exchange Board of India as a regulator.

(Marks 10)

5. “Trade facilitation is a priority of the Government for cutting down the transaction cost and

time, thereby rendering Indian exports more competitive.” In this context discuss the innovative

and forthcoming e-governance initiatives which have been laid down under the present Foreign

Trade Policy 2015-20 with the object of trade facilitation and ease of doing business.

(Marks 10)

6. In late 90’s, when the then Union Commerce and Industry Minister Mr. Murasoli Maran returned

from a trip to China, he had witnessed something which would lead to changes in the India’s

EXIM policy and then the SEZs came into existence. In this context write an explanatory note on

the legislative framework of Special Economic Zones in India and operations within it with the

help of relevant provisions. (Marks 10)

7. Theme of the current Foreign Trade Policy 2015-20 i.e., “Exports and Imports: ‘Free’, unless

regulated”; explain it with the help of relevant provisions and references and also discuss the

Power of the Central Government to regulate trade under the Customs Act, 1962. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VII & IX

CLS-Corporate Reconstruction (Hons.-I)





(Marks 2×10=20)

a. What do you understand by Due diligence?

b. What is Employees Stock Option?

c. Difference between reduction of Share Capital and Buy Back of Securities.

d. What is Sweat Equity?

e. What do you mean by pre-emptive right?

f. Basic distinction between Merger and Amalgamation.

g. What do you mean by Amalgamation in public interest?

h. What do you understand by Compulsory Acquisition?

i. What is Fast Track Merger?

j. What do you mean by Control?

2. Lucky Company Ltd became sick, the shareholders and creditors of the company passed a

resolution in meeting conveyed by the company approving a scheme of reconstruction of the

company. The scheme provides the sale of vacant land and utilization of the sale proceeds

for satisfaction of outstanding wages, sales tax dues and repayment of part of the loan taken

from the bank. The unsecured creditors will have to forego 50% of their claims against the

company and receive debentures for the balance amount.

Advice the Directors about the steps to be taken to give effect to the proposed scheme, in-

spite of objections rose by few shareholders and creditors, with the help of legal provisions of

the Companies Act, 1956/2013 and relevant case laws. (Marks 10)

3. “Buy back of shares is an exercise well regulated”. Comment citing recent case laws and

legal provisions under the Companies Act 2013. (Marks 10)

4. What is the need for Re-construction and Re-structuring of Corporations? Discuss the

importance of Organic and In-Organic Reconstruction? (Marks 10)

5. What are the statutory provisions for acquiring the shares of dissenting shareholders in case

of reconstruction and amalgamation under the provisions of Companies Act? Cite relevant

case laws. (Marks 10)

6. Define Demerger. What are the various ways in which demerger can be done? Cite the recent

instances in the Corporate World? (Marks 10)

7. Sort Note (Answer any Two of the Following):- (Marks 5×2=10)

a. Cross-Border Mergers

b. Compromise and Arrangements

c. Distinguish between Take Over and Acquisition.

*******

I.D. No.___________________


SEMESTER-VII & IX

IPR-Patent (Hons.-I)





(Marks 2×10=20)

a. Deposit of microorganism

b. Markush groups

c. Enabling disclosure

d. “any hardware approach”

e. Patent linkage

f. Sec 84 Patent Act, 1970

g. Pith & Marrow doctrine

h. Grounds of revocation of patents

i. Interoperability

j. Graham Factors

2. Massive Dynamics developed a method for mitigating "settlement risk" on financial

transactions. MD describes that its method is patent-eligible because it involves "shadow

records" updated in real time that "requires a substantial and meaningful role for the

computer." MD is now seeking your advice on patentability of the software. Also, throw light

on US Supreme Court holding in Bilski Vs. Kappos that "machine-or-transformation test",

which is one of the determining patent-eligibility tests, cannot be the only test for judging the

patent eligibility. (Marks 10)

3. “An invention shall be considered as involving an inventive step if, having regard to the state

of the art, it is not obvious to a person skilled in the art.”

In the light of aforesaid criteria of patentability highlight Windsurfing test, Pozzoli test and

Problem-solution approach. (Marks 10)

4. Scope Locomotives Co. obtained a patent for an improved railcar for carrying coal or other

similar materials. The essence of the improvement was that the load was equally distributed

throughout the structure, thereby vastly increasing the weight of coal that a railcar was able

to carry. In the specification Scope Locomotives Co. described its invention as having ‘the

form of frustum of a cone.’ Glide Co. accused of infringing cars did not use the form of

frustum of a cone but rather utilized pyramidal shapes. (Marks 10)

Give your opinion:

a. Whether there is infringement on the basis of appropriate test of infringement applicable

in the light of above fact.

b. Explain the bar to that doctrine if the patentee had made narrowing amendments to

accommodate patent law during filing procedure.

5. (a) Comment on experimental use exception reasonably- related to testing drugs and medical

devices in the light of decided cases. (Marks 05)

(b) Throw light on patent claim drafting clearly highlighting the role, types and structure of

claims. (Marks 05)

6. “Antitrust laws are the appropriate legal tool when patent holders abuse a standard-setting

process.” Comment on the significance of Competition Law to address patent holdup

problem. Also highlight FRAND /RAND obligations as an important tool to preserve the

benefits of competitive conditions. (Marks 10)

7. (a) Brics Pharmaceuticals Inc. patented a metabolite of Loratadine called Desloratadine

(DCL), a non-drowsy antihistamine. The metabolite forms in the patient's body upon

ingestion of Loratadine. There also existed a prior art patent which does not disclose DCL as

such but mentions the process related to it. Is the invention novel? Discuss in light of decided

cases. (Marks 05)

(b) “Patent is not a hunting license. It is not a reward for the search but a compensation for

its successful completion.” Explain in the light of relevant case law. (Marks 05)

*******

I.D. No.___________________


SEMESTER-VII & IX

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





(Marks 2×10=20)

a. Impossible attempt

b. Vicarious liability in criminal law

c. Right against self- incrimination

d. Human rights of prisoners

e. Juvenile in conflict with law

f. Solitary confinement

g. Doctrine of Locus poenitentiae

h. Conspiracy

i. Future of capital punishment

j. Abetment

2. “Whether an act amounts to attempt to commit a particular offence is a question of fact

depending on the nature of the crime and steps necessary to take in order to commit it.”

In the light of the above statement discuss the law relating to attempt and the various test

formulated to determine it. Refer to relevant cases. (Marks 10)

3. “It is a weakness of our jurisprudence that victims of crime and the distress of the dependants

of the victim do not attract the attention of law. In fact, the victim reparation is still the

vanishing point of our criminal law. It is the deficiency in the system, which must be

rectified… ”

Define ‘victim’ and in the light of the above statement explain the efforts made by the

legislature and the judiciary to provide justice to victim who has often been termed as “a

forgotten person” in criminal justice system. (Marks 10)

4. “Torture is a wound in the soul so painful that sometimes you can almost touch it, but it is

also so intangible that there is no way to heal it.”

In the light of the above statement discuss the ‘right against torture’ with the help of relevant

provisions of law and judicial pronouncement with respect to the same. (Marks 10)

5. “The propensity to crime is at its maximum at the age when strength and passion have

reached their height, yet when reason has not acquired sufficient control to master their

combined influence.”

In the light of the above statement discuss the need and importance to give separate and

distinct treatment to juveniles in criminal justice system. (Marks 10)

6. State the concept and purpose of punishment. Critically discuss the various theories of

punishment and also elucidate as to how far these theories of punishment have been able to

achieve the aim of punishment? (Marks 10)

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

a. Components of Criminal Justice System

b. United Nations Declaration on Justice for Victims of Crime and Abuse of Power, 1985

c. Prison Institution

*******

I.D. No.___________________


SEMESTER-I

Principles of Economics (Minor)





(Marks 2×10=20)

a. How Economics is a science?

b. How fiscal policy controls inflation?

c. Explain the term ‘Price Mechanism’?

d. What is the difference between a positive statement and a normative statement? Give an

example.

e. What do you understand by Quasi Rent?

f. Ketchup is a complement for hot dogs. If price of hot dogs rises, what happens to the

demand of ketchup?

g. What is the relationship between MC and AC?

h. Explain the term ‘operating surplus’

i. Does the change in price lead to a movement along the demand curve or shift in the

demand curve? Show graphically.

j. What are the elements of Net Profit?

2. Give reasons for the following:- (Marks 5×2=10)

a. Higher the IC, higher is the level of satisfaction.

b. Profit maximization point of a firm under perfect competition is when MC cuts MR from

below.

c. RBI reduces CRR for controlling inflation.

d. Marginal cost curve is “U” in shape.

e. Robbin’s definition of Economics presents a scientific approach to the subject matter of

Economics.

3. Discuss the neo-classical theory of wages. (Marks 10)

4. The goal of a monopolist firm is to maximize profit which is equal t total revenue (TR)

minus total cost (TC). Discuss the give statement with relevant graph. (Marks 10)

5. Why Modern Theory of Rent is considered to be better than that of the rent theory given by

Ricardo? (Marks 10)

6. Explain in detail the calculation of National Income by Output Method and Income Method.

(Marks 10)

7. Write Short notes on the following: (5marks× 2= 10 marks)

a. Interest

b. Demand Pull theory of Inflation

*******

I.D. No.___________________


SEMESTER-III

Indian Society & Process (Minor)





(Marks 2×10=20)

a. Describe villages in Epic Period.

b. Types of Darsanas prevailed in Hindu Philosophy.

c. Explain the tenancy reforms enact by the Govt. of India for rural development.

d. Meaning of the word “Ashrama”.

e. Explain the different kinds of “Dharma” in Indian society.

f. What is dominant Caste?

g. How did Buddhism and the Buddha’s teachings result in Pessimism?

h. Describe the conditions of caste in Post- Maurya Peroid (184 B.C.-606A.D)

i. Describe the impact of Impressive Islamic Values on Indian society

j. Explain the causes for the decline in the importance of villages in British period.

2. “All the movements organized for the improvement or purification of the culture or social

order, this category may be quite appropriately applied to the social mobility movements

among tribal group seeking to achieve a particular status”. Explain this statement (Marks 10)

3. In the contemporary society there is no such thing as a single concept of masculinity, but,

rather, many different masculinities exist, each associated with different positions of power.

In a world in which gender order continues to extend privilege to men over women, but that

also raises difficult issues for men and boys. Explain these issues in context of Gender

crossroads. (Marks 10)

4. G.S.Ghurye was one of the founding fathers of sociology in India. Explain the central ideas

he proposed for Indian society (Marks 10)

5. The description of reality that comes from the classical Indian philosophy not only refers to

the conceptual classification of reality but it also refers to the perception of reality. Critically

explain this statement in the light of gender relationship in Indian philosophy (Marks 10)

6. In our country, we see that woman have rights in various fields, and they are playing

important roles in politics and administration. However, it seems that they are not very

confident. It is because they are still under the pressure of traditional and cultural values and

mental make-up. Explicate this statement (Marks 10)

7. When human beings started cultivation of land, it become a property or a possession. Man

owned the land and also the woman. As soon as man’s role in the reproduction system was

realized, the mystery about motherhood evaporated and woman was looked upon a bag of

leather that carried the baby. Critically explain this statement (Marks 10)

*******

I.D. No.___________________


SEMESTER-V

Principles of Taxation Law





(Marks 2×10=20) a. Define the term income.

b. What is Laffer curve?

c. What do you mean by Scope of Total Income?

d. Discuss the concept of advance payment of tax.

e. What is the basis of charge of income tax?

f. What is partial integration of agricultural income?

g. Distinguish between business and profession.

h. Define the term perquisite.

i. Explain the term profit and gain as given under the Income Tax Act, 1961.

j. What is excise duty?

2. Discuss the various deductions available under the head Income from Profit and Gains of

Business or Profession. (Mark 10)

3. Explain the meaning and types of capital assets. Also discuss the transfer of capital assets as

provided under the Income Tax Act, 1961. (Mark 10)

4. Mr. Murli Manohar Singh is an employee of a public sector undertaking who is also owner of

two residential houses in the same city where he is posted. He is living in one house and has let

out another house and receiving Rs. 10,000/- monthly rent. He has purchased his one house after

taking loan from a scheduled bank against which he is repaying Rs. 30,000/- EMI which consists

of Rs. 25,000/- as interest component and Rs. 5,000/- as principal amount. Apart from house rent,

he is also getting Rs. 50,000/- monthly salary from his employer which includes Rs. 5,000/-

HRA. Rs. 6,000/- is continuously deducted as employee contribution towards Employee

Provident Fund and Rs. 500/- towards Group Insurance Scheme. He has received these incomes

in the financial year 2014-15.

Discuss the taxability of Mr. Singh’s income in the assessment year 2015-16 after adjusting all

deductions allowed to him as per the relevant provisions of the Income Tax Act, 1961. (Mark 10)

5. Explain the concept of Tax Evasion, Tax Avoidance and Tax Planning and its effects with the

help of decided cases. Also discuss the reasons of tax evasion in India with the help of the

recommendation of the concerned committees. (Marks 10)

6. Discuss the various conditions of chargeability for levying income tax on the house property with

the help of suitable illustrations or examples as laid down under the relevant provisions of the

Act. (Marks 10)

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

a. Deemed Ownership and Co-Ownership under House Property.

b. Definition and Kinds of Assessee.

c. Meaning of Seizure and Deemed Seizure.

*******

I.D. No.___________________


SEMESTER-VII & IX

Competition Law (Optional)





(Marks 2×10=20)

a. Concentration of economic power in India after Independence and Mahalanobis

Committee, 1960

b. Courtesy Bidding

c. Explain ‘Agreement’ under Competition Act, 2002 and how it is different from the

agreement defined under Indian Contract Act, 1872.

d. Explain ‘Enterprise’ as provided in the definition clause of Competition Act, 2002.

e. Discuss the principle of ‘Refusal to Deal’ under Competition Act, 2002.

f. Composition of Competition Commission of India

g. Discuss those factors to which the Commission shall have due regard while determining

whether an agreement has an appreciable adverse effect on competition under section 3

of the Competition Act, 2002.

h. Division of enterprise enjoying dominant position under the Competition Act, 2002

i. Extraterritorial application of the Competition Act, 2002

j. Deemed approval of a combination as provided by Competition Act, 2002.

2. Ulrich Schwalbe (Department of Economics, University of Hohenheim, Germany) and Frank

Maier-Rigaud (OECD) expressed at Policy Roundtables OECD in 2012 that: “Market

definition is one of the most important analytical tools for competition authorities to examine

and evaluate competition problems. By defining a relevant market, then calculating and

assigning market shares, competition authorities seek to assess the market power of firms,

which is of central importance to understand competition effects. In addition, the definition

of the relevant market helps to identify the market participants, to delineate the boundaries of

the market and to determine the area of effective competition.”

Discuss the statement in the light of the Competition Act, 2002. (Marks 10)

3. Raipur Chemist and Druggist Association (RCDA), an association of wholesalers and retail

sellers of drugs and affiliated to All India Organization of Chemist and Druggist was

engaged in directly or indirectly determining the sale price of drugs and controlling the

supply of drugs in a concerted manner and in issuing anti-competitive circulars directing the

retailers not to give any discount to the consumers. The CCI after considering the entire

material directed the Director General (DG) to cause an investigation into the matter and to

submit a report.

The Director General, in light of the investigation conducted, opined that the RCDA directed

the retailers to sell the drugs only at MRP determined by it on account of agreement entered

into amongst the members of the RCDA and that no discounts be offered by the retailers, it

clearly implies that, then such a trade practice causes or is likely to cause an appreciable

adverse effect on competition, especially when almost all the retailers and wholesalers are

members of RCDA. The DG concluded that the above said conduct has resulted or is likely to

result in controlling and or limiting supply of medicines and the market of provision of drugs,

which contravene the provisions of Section 3(3)(b) of the Act.

Being the regulator (CCI), decide the matter with your reasoning. (Marks 10)

4. According to Mr. VinodDhall, “when there is perfect competition in the market, the

consumer is sovereign, as his welfare is maximised. However, monopoly is bad for the

consumer and the economy. The monopolist controls the market and can increase prices or

reduce volumes. There is ‘allocative inefficiency’ and in economic terms there is ‘deadweight

loss’. Since the monopolist is under no pressure to minimise cost, he is often content to enjoy

a quiet life rather than face vigorous rivalry”.

In the light of abovementioned paragraph discuss Abuse of Dominant Position as provided

under Competition Act, 2002. Also explain the factors which should be taken into

consideration while determining the abuse. (Marks 10)

5. Discuss in detail about the regulation of combination as provided under the Competition Act,

2002. Also discuss about the orders of Commission on certain combinations under section 31

of the Competition Act, 2002. (Marks 10)

6. “The Central Government has set up the Competition Appellate Tribunal (COMPAT) on 15th

May, 2009 having its Headquarter at New Delhi.The Competition Appellate Tribunal is a

statutory organization established under the provisions of the Competition Act, 2002 to hear

and dispose of appeals against any direction issued or decision made or order passed by the

Competition Commission of India under sub-sections (2) and (6) of section 26, section 27,

section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43A,

section 44, section 45 or section 46 of the Competition Act, 2002. The Appellate Tribunal

shall also adjudicate on claim for compensation that may arise from the findings of the

Competition Commission of India or the orders of the Appellate Tribunal in an appeal

against any findings of the Competition Commission of India or under section 42A or under

sub-section (2) of section 53Q of the Act and pass orders for the recovery of compensation

under section 53N of the Act.”

In the light of abovementioned paragraph explain in detail the establishment and powers and

functions of the Competition Appellate Tribunal (COMPAT). (Marks 10)

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

a. Competition Advocacy in India

b. Interface between Competition Law and IPRs

c. Predatory Pricing under Competition Law

*******

I.D. No.___________________


SEMESTER-VII & IX

Banking Law (Optional)





(Marks 2×10=20)

a. Difference between Banking Companies and Non-Banking Companies.

b. What do you understand by “CRR and SLR”?

c. What are fundamental principles of lending?

d. What is “Payment in Due Course”?

e. What do you mean by “Lender of Last Resort”?

f. What do you understand by Priority lending?

g. What business banks cannot do?

h. What is e-commerce?

i. Powers of Central Government towards Banking Companies.

j. What do you mean by” KYC” Norms?

2. “Nationalization of Banks has brought a radical change in the progress of Banking System in

India”.

In the light of the above statement critically examine the arguments for and against the

nationalization of banks in India with special reference to R.C. Cooper vs. Union of India.

(Marks 10)

3. Mr. “A” draws a Cheque in favour of Mr.”B” who is a Minor. Mr.”B” endorsed the Cheque

in favour of Mr.”C” who is a Major. The Cheque is dishonoured on the grounds of

Insufficiency of funds in the account of “A”. (Marks 10)

(a) Explain the rights of Mr.”C” against Mr.”B” who is a Minor and the other party (Mr.

“A”)in the instrument in the light of the provisions of Negotiable Instruments Act.

(b) Enumerate the conditions to be satisfied in order to invoke the Criminal Liability in case

of the dishonour of a Cheque for insufficiency of funds with the help of case laws.

4. ”To constitute a customer, there must be some recognizable course or habit of dealing in the

nature of regular banking business….It is difficult to reconcile the idea of a single transaction

with that of a customer. The word surely predicates even grammatically, some minimum of

custom antithetic to an isolated act. It is believed that tradesmen differentiate between

customer and a casual purchaser”.

In the light of the above statement, explain the meaning and definition of Banker and

Customer, also throw some light on the Doctrine of “Duration Theory”. Whether this

(Duration) theory holds good in the context of Modern Business of Banking in India? Cite

the relevant case laws. (Marks 10)

5. “When the Reserve Bank of India was established in 1935, our country was backward

country, which lacked a well-developed commercial banking system apart from the absence

of a well-developed money market in the country. After 1949, the RBI became very active to

take steps to promote and develop financial institutions so that RBI can pursue appropriate

credit and monetary policies for economic growth and development in an era of planned

economic development of the country”.

Analyze the above statement; discuss promotional and supervisory measures taken by the

Reserve Bank of India in order to improve the Banks under the provisions of Reserve bank

India Act as well as the Banking Regulation Act. (Marks 10)

6. What do you understand by Promissory Note, Bill of Exchange and Cheque? How Does Bill

of Exchange differ from Cheque? Cite relevant legal provisions. (Marks 10)

7. Short Note: Answer any Two of the following: (Marks 5×2 =10)

a. Narasimham Committee-II

b. Financial Inclusions.

c. e-banking.

*******

I.D. No.___________________


SEMESTER-VII & IX

International Commercial Arbitration (Optional)





(Marks 2×10=20)

a. Commercial Reservation

b. Lex arbitri

c. “International” in International Commercial Arbitration

d. Reciprocity Reservation

e. Kompetenz-Kompetenz

f. Tronc commum doctrine

g. Baseball Arbitration

h. Truncated tribunal

i. String Arbitrations

j. Amiable composituer

2. Spaceworks Designs EURL is a French Company engaged in the business of providing

Interior Designing Services. They entered into a contract with Latham & Watkins LLP, a

Law Firm to design the interiors of their new office in London, UK. Article 8 of their

contract contained the following clause –

In the event of dispute or differences arising out of this agreement which cannot be resolved

by amicable settlement, the same shall be referred to an arbitration tribunal consisting of

three arbitrators as per the LCIA Rules of Arbitration...The arbitration shall be conducted in

accordance with the French Code of Civil Procedure (French law on arbitration). The

arbitration shall be conducted in English language.

The seat of the arbitration shall be London, UK

Which law would govern the arbitration proceedings? Which court should the parties

approach if any of them requires interim relief? (Marks 10)

3. Mr Sleazerin and Mr. Volderin were smuggling arms and ammunition from U.S. to

Afghanistan. A dispute arose between them as Mr. Volderin alleged that he had not received

full payment for his services in their venture. To resolve their disputes they approached the

Beth Din, which applied Jewish law to the dispute and rendered the award in favour of Mr.

Volderin. Mr Sleazerin refused to make the payment as directed by the Beth Din in the

arbitral award. Mr. Volderin has approached the Court in New York, where Mr. Sleazerin

resides. Will the Court recognise and enforce the award? Kindly submit your opinion with

the help of relevant case laws and international conventions. (Marks 10)

4. What is the legal nature of arbitration? Kindly give your opinion in view of the theories

propounded in respect of the nature of arbitration.

OR

Discuss the admissibility of evidence in ICA proceedings with the help of relevant

provisions? (Marks 10)

5. Ollivanders is a store based in Diagon Alley, London. They sell excellent quality wands that

are preferred by the magical community all over the world. For servicing of their wand

factory they hired Delacour SARL, a French Company. Their contract contained an

agreement to arbitrate in London, UK as per ICC Rules. The agreement provided for

appointment of three arbitrators wherein one arbitrator would be appointed by each party and

a presiding arbitrator would be then appointed by the arbitrators chosen by the parties. A

dispute arose between the parties as to the quality of services provided by Delacour SARL.

Ollivanders sent a notice for arbitration to Delacour SARL and appointed Mr. Toby Lupin, a

renowned barrister as the arbitrator. Mr. Toby Lupin is an experienced arbitrator and has

presided over several international commercial arbitrations in his long and prestigious legal

career. His chambers are located in Strand, London, UK and quite recently Mr. Phineas Ferb

has joined the chambers where Mr. Lupin practises. Mr. Ferb has met Mr. Lupin only

occasionally and have hardly spoken to each other as of yet. Before Mr. Ferb had joined the

chambers where Mr. Lupin practises, the services of Mr. Ferb had been engaged as a lawyer

by Ollivanders. Delacour SARL has hence challenged the appointment of Mr. Lupin as an

arbitrator alleging that there is a real danger of bias in the present case. Kindly give your

opinion whether the challenge could succeed or not with the help of relevant provisions and

case laws. When does a real danger of bias arise? (Marks 10)

6. Oakenshield Architects entered into a contract with Baggins Constructions for the

construction of a shopping district in Dubai, UAE. Their contract which was prepared on the

letterhead of Frodo Constructions contained a no. of terms and conditions such as quality of

material to be supplied, price of the materials etc. and it ended with the following clause –

“All the rest shall be as per our previous contracts.”

There were five previous contracts between the parties, the first two were prepared on the

letterhead of Baggins Constructions and provided for arbitration in New York as per ICC

Rules. The remaining three were prepared on the letterhead of Frodo Constructions and they

provided for arbitration in London as per ICC Rules.

Whether the arbitration clause contained in the previous contracts is incorporated in the

current contract between the parties or not? Discuss the principles of incorporation of an

arbitration clause from a previous contract with the help of relevant case laws.

OR

Discuss in brief how an arbitral tribunal reaches its decision and the various types of awards

that may be given by an arbitral tribunal. (Marks 10)

7. Can a party challenge an arbitral award for mistake of law? Discuss in brief the grounds

under which an arbitral award may be challenged by a party. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VII & IX

Cyber Law Optional)





(Marks 2×10=20)

a. Right of Interception or decryption of message by government

b. Trojan

c. Paid referencing services

d. Originator

e. Objective territoriality

f. Protected System

g. Sponsored Links and Trademark issues

h. Framing

i. Icon clicking contracts

j. Sensitive Personal Data

2. What is e-commerce? List the advantages of E-commerce over traditional physical world

commerce. Explain the various business models relevant to E-commerce with appropriate

examples from current business world. (Marks 10)

3. (a) With technological evolution and development of newer forms of communication tools,

most websites have moved into the zone of interactivity. With this change in cyberspace,

discuss whether the test laid down in Zippo Manufacturing Company v. Zippo Dot.com still

relevant.

(b) What is cyber defamation? Identifying typical features of internet, elaborate how cyber

defamation may lead to wider jurisdictional issues. (Marks 5+5=10)

4. E-Governance is based on three essential pillars which are given legal recognition through

various provisions of Information Technology Act, 2000. Identify each pillar and the list out

the prerequisites for grant of legal recognition. (Marks 10)

5. (a) Vandita, the personal assistant to Vice Chancellor(VC) of Padho-Likho University sends

a tentative list of holidays depending on previous such list of holidays of the university to all

faculty members, students and staffs from the official email ID of the Vice Chancellor. Due

to wide spread Swine Flu, the VC of University declares holidays for 3 weeks for all

students, faculties and staffs. So to compensate the working hours of staff, an email is again

sent by Vandita from VC’s account on authorization by VC and bearing electronic signature

of VC that all Saturdays are working from 1st September for rest of semester and no holidays

for staffs on Ganesh Chaturthi, Dussehra and Diwali. The staff starts a protest saying an

already declared list of holidays had been forwarded at beginning of semester by Vandita

from email id of VC. The same is an electronic record and it can be attributed to the VC. In

light of the above facts:-

i. Define electronic record.

ii. Define electronic signature.

iii. Can the electronic record be attributed to the VC of Padho-Likho University according

to provisions of Information Technology Act?

(b) Discuss the minimum standards to be maintained for retention of electronic records as

according to provisions of Information Technology Act, 2000. (8 + 2 marks)

6. (a) What are the types of cryptography?

(b) Chapter VI of Information Technology Act, 2000 establishes a hierarchical order for

Certifying Authorities. List out the Authorities in order and what kind of certificates is issued

from one to the other.

(c) How will the recipient of an electronic record digitally signed document verify whether

the integrity of the document and authenticity of the identity of the messenger sending the

same. (Marks 3+4+3=10)

7. (a) The law exempting intermediary from certain liabilities in India is heavily borrowed from

similar such laws in United States. Light the difference between such laws in the two

different jurisdictions by relying on relevant provisions from each jurisdiction.

(b) Shaandar Royal Band Baaja is a company having a website online www.shaandar.org

registered from 2005. Shaandar Royal band Baaja has branches in Rajasthan, Uttar Pradesh,

Madhya Pradesh and Gujarat and they provide orchestra services for any Indian ceremony.

Shaandar is the only son of Mr. Shaan and Mr. Dara born on 16th November, 2014 in

Hyderabad. Mrs. Dara registered a domain named www.shaandar.co.in and posted photos of

Shaandar growing up.

A movie “Shaandar” is recently released in India in 2015 and the producer of the movie has

served a notice on Shaandar Royal Band Baaja Company and Mrs. Dara for cyber squatting,

trademark dilution and trademark infirngement.

Discuss how Mrs. Dara and Shaandar Royal Band Baaja can avoid any liability from cyber

squatting and trademark dilution and trademark infringement charges. (Marks 5+5=10)

*******

I.D. No.___________________


SEMESTER-VII & IX

Criminology & Penology (Optional)





(Marks 2×10=20)

a. Types of prison work

b. Biological inferiority

c. Type of punishment accepted in India.

d. Basic tenets of Neo classical school

e. Differential organization

f. Contribution of Earnest Hootan in criminology.

g. Defense of mental disorder in IPC.

h. Chromosomal factor in crime causation

i. Drug abuse.

j. communalism and types of communalism

2. Discuss the contribution of Lombroso in the criminology and evaluate it in the modern day

context in India. (Marks 10)

3. Discuss the concept of probation in India and compare it with parole system. (Marks 10)

4. (a) Discuss the right of prisoners as it is developed by the Indian courts. (Marks 05)

(b) Discuss the utility of capital punishment and the judicial trend on this issue in the present

day context of India. (Marks 05)

5. ‘Police as it is popularly known ‘acts on behest of state’ but in reality it is the ruling party of

the state which has control over the police’. In this context discuss the important

recommendation of national police commission and Malimath committee report. (Marks 10)

6. Discuss the desirability of ‘reformation theory’ of punishment when demand for the strict

punishment against offender is increasing (basically in the context of increasing sexual

offences) day by day. (Marks 10)

7. Explain the following:- (Marks 3+3+4=10)

a. The ghetto

b. Hormones and neurotransmitters and their relationship with crime causation

c. The term ‘penology’, ‘atavist’, ‘legal insanity’ and ‘cultural conflict’

*******

I.D. No.___________________


SEMESTER-I

Legal Method


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

each question is indicated at the end of the question.


(Marks 2×10=20)

a. Conceptualize “citation” and its importance.

b. Discuss the concept of “locus standi” and its application in case of PIL.

c. What do you understand by delegated legislation?

d. Write a note on “statute” and its types.

e. Discuss the importance of Case Law method in legal studies.

f. What are the major differences between Municipal and International Law?

g. What do you understand by ratio-decidendi of a case?

h. Write a note on types of Writs.

i. Discuss the significance of Separation of Powers.

j. Write a note on the significance of preamble/object clause with respect to a statutory

enactment?

2. “Englishmen are ruled by the law, and by the law alone; a man with us may be punished for

a breach of law, but can be punished for nothing else.”

In light of abovementioned statement of eminent jurist A.V. Dicey; discuss the concept of

“Rule of Law” and its application in Indian context. (Marks 10)

3. Discuss the following: (Marks 5×2=10)

a. Write a descriptive note on Judicial Review of Administrative Action.

b. Discuss the importance and scope of Public Interest Litigation in Indian context.

4. What do you understand by the Rules of Interpretation and Aid to Interpretation of Statutes?

Discuss the primary rules of interpretation with the help of relevant case laws. (Marks 10)

5. Write a descriptive note on the Indian Legal System with reference to the court structure.

And also discuss the jurisdiction of Supreme Court of India with the help of relevant

provisions of the Constitution of India. (Marks 10)

6. There is no doubt regarding the necessity of law in a society/state, but in this respect the

obvious question crops up as to how law originate, because Jurists have different views on

the origin and sources of law, as they have regarding the definition of law. In this context

write an analytical note on the sources of law. (Marks 10)

7. According to Advanced Learner's Dictionary (1952:1089) research means, “a careful

investigation or inquiry especially through search for new facts in any branch of

knowledge.” In this context conceptualize research and its importance with respect to law

field. Also discuss major types of legal research with their merits and demerits.

(Marks 10)

*******

I.D. No.___________________


SEMESTER-III

Family Law-II


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



(Marks 2×10=20)

a. Explain coparcenary within coparcenary

b. Explain concept of Re-union

c. Importance of ‘Datta Homa’ under the Adoption and Maintenance Act

d. Explain concept of “stridhan”

e. Explain the concept of “exclusion” under Muslim Succession

f. Define Hiba

g. Who can adopt a child under the Central Adoption and Resource Authority (CARA)

guidelines?

h. Explain concept of “escheat”

i. What is blending of separate property

j. Role of Karta in a Hindu undivided joint family

2. ”Partition means to part”. Explain modes of effecting partition and voluntary and involuntary

partition in light of case laws. (Marks 10)

3. “Ordinarily neither Karta not other coparcener singly possess the power of alienation”.

Compare Coparcener’s right to alienation with sole coparcener. (Marks 10)

4. Explain in detail intestate succession of a Hindu female in special reference to 2005

amendment of the Hindu Succession Act. (Marks 10)

5. Critically analyze Muslim women right of maintenance after divorce. (Marks 10)

6. The family of Mr. Apple consists of son Mr. Papaya and Daughter Miss Peach and his wife

Mrs. Pear. Mr. Apple died in 2010 leaving behind above mentioned legal heirs. Mr. Apple

was share holder in ancestral property of a house with Mr. Grapes in proportion of 50:50 of

total estate plus he owned separate property in form of land of 50 acres. According to law

determine the share that will be received by legal heirs of Mr. Apple. Write the solution to

problem with help of rules of succession and partition. (Marks 10)

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

a. Preferential right of pre- emption

b. Wasiyatnama

*******

I.D. No.___________________


SEMESTER-V

Jurisprudence-I





(Marks 2×10=20)

a. Basic Features of Historical School of Jurisprudence

b. Sovereignty according to Austin

c. Static Societies and Progressive Societies

d. Reasons for Decline of Natural Law Theories

e. Living Law

f. Finnis on Natural Law

g. Classification of Jurisprudence

h. Grudge Informer’s Case

i. Fact Skeptics and Rule Skeptics

j. Legal Theory

2. Trace the evolution and development of ‘Natural Law Theories’ from the ancient to the

contemporary times. Also discuss the significance of Natural Law in the modern times.

(Marks 10)

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

a. Legal System as a Combination of Primary Rules and Secondary Rules

b. Law as a Hierarchy of Norms

4. “The Prophecies of what the courts will do in fact and nothing more pretentious are what I

mean by the law.” Explain the statement with reference to the main features and significance

of American Realism. Also discuss the application of American Realism in Indian Legal

System. (Marks 10)

5. “In the earliest times to which authentic history extends, the law will be found to have

already attained a fixed character, peculiar to the people, like their language, manners and

constitution.” In the light of given statement, discuss the theory of Volksgeist propounded by

F.K.Von Savigny. Also highlight the merits and demerits of Volksgeist theory. (Marks 10)

6. Write Short Notes on the Following:- (Marks 5×2=10)

a. Distributive Justice and Corrective Justice

b. Contribution of Rudolf Von Ihering to Jurisprudence

7. “Law is the body of knowledge and experience with the aid of which a large part of social

engineering is carried on.”In the light of given statement, discuss in detail Roscoe Pound’s

Theory of Social Engineering’, drawing attention to its merits and demerits. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VII & IX

CG-Federalism (Hons.-II)





(Marks 2×10=20)

a. Discuss the Doctrine of Reading Down

b. Describe the difference between layer-cake and marble-cake federalism.

c. What is full Faith and Credit Clause?

d. Discuss Grants‐in‐aid under Art. 275 and 282 of Indian Constitution.

e. Describe the difference between Consolidated Fund and Contingency Fund.

f. Explain the Hypothetical Intent Theory.

g. Differentiate between Tax and Fees.

h. Discuss the Doctrine of Dual Federalism.

i. Describe the difference between Descriptive Usages and Prescriptive Usages.

j. Discuss the Institutional Constitutionalism?

2. Discuss in detail essential characteristics of federalism on the backdrop of various patterns of

federalism existing in USA, Australia and Canada. Is Indian Constitution truly federal in

nature? Substantiate your answer with appropriate case laws and illustrations. (Marks 10)

3. Discuss the following:- (Marks 5×2=10)

a. Functions of the Finance Commission.

b. Doctrine of Inter-government Tax Immunities.

4. (a) Explain with the help of decided cases the meaning and scope of the rule of Harmonious

Construction in interpreting the Constitution of India. (Marks 05)

(b) Discuss the scope of residuary power of Parliament particularly with reference to subject

which had been excluded from Union List but is not included in any other List. (Marks 05)

5. (a) “Constitutionalism is ‘contingently necessary’ for democracy, whereas democracy

‘nourishes and preserves’ constitutionalist discourse.” Discuss in detail whether democracy

needs Constitutionalism. (Marks 03)

(b) “The concept of ‘Co-operative Federalism’ helps the Federal System, with its divided

jurisdiction, to act in unison. It minimizes friction and promotes co-operation among the

various constituent governments of the federal union so that they can pool their resources to

achieve certain desired national goals.” Critically evaluate this statement in the Indian

context. (Marks 07)

6. Local self-government in India is the interplay of several factors — historical, ideological,

and administrative. Critically examine these major factors, challenges and prospects of Local

Self Government in India. (Marks 10)

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

a. Doctrine of Pith and Substance

b. NITI Ayog

c. Constitutional Conventions

*******

I.D. No.___________________


SEMESTER-VII & IX

T&I-NRIT (Hons.-II)





(Marks 2×10=20) a. What are the advantages of Multinational corporations for host country?

b. What do you understand by Current Account Transactions under FEMA, 1999?

c. What is the difference between automatic and government/approval route for investment?

d. What is the legal basis and objective of FTP (1st April, 2015 – 31st March, 2020)?

e. What are the main differences between FERA and FEMA?

f. What do you understand by “Inward Looking Policy” during the phase of idealism in Indian

context?

g. Write an analytical note on India-Quantitative Restrictions Case.

h. What is the significance of Absolute Advantage theory with respect to International Trade?

i. Discuss Quantitative Restriction with respect to FT (D&R) Act, 1992.

j. What is the significance of first constitutional amendment with respect to fundamental right to

trade?

2. “Niryat Bandhu Scheme facilitates entrepreneurs wishing to enter exports through training,

counselling and info sessions through the active network of 36 DGFT offices spread across the

country.” In this respect discuss the importance and components of Niryat Bandhu Scheme.

(Marks 10)

3. Discuss the following:- (Marks 6+4 =10)

a. Under Foreign Trade Policy 2015-20 the objective of the EPCG Scheme is, “to facilitate import

of capital goods for producing quality goods and services to enhance India’s export

competitiveness.” In this context write an explanatory note on the Export Promotion Capital

Goods Scheme (EPCG).

b. Write an explanatory note on e-IEC (Electronic Import and Export Certificate) and e-BRC

(Electronic Bank Realisation Certificate) with reference to Foreign Trade Policy 2015-20

4. Discuss the following:- (Marks 5×2=10)

a. Discuss the Principles of Restrictions as mentioned under Foreign Trade Policy 2015-20 and also

write a descriptive note on the power of Central Government under Customs Act, 1962 to prohibit

importation or exportation of goods.

b. Discuss about the online complaint and monitoring system as mentioned under Foreign Trade

Policy 2015-20 and its significance.

5. According to a report published in London’s Financial Times on September 30, 2015, “India has

emerged as top destination for FDI as compared with China and United States in first half of 2015.”

In this context what do you understand by Foreign Direct Investment (FDI)? How it is different from

other forms of investment? Discuss the advantages, disadvantages and policy/regulatory framework

towards FDI in Indian scenario. (Marks 10)

6. Write an explanatory note on the Special Economic Zones as engines of economic growth with

entities and authorities related with it. Also discuss the issues related with the operations of Special

Economic Zones in Indian context. (Marks 10)

7. Foreign Trade Policy 2015-20 specifies that, “DGFT has a commitment to function as a facilitator of

exports and imports and focus is on good governance, which depends on efficient, transparent and

accountable delivery systems.” In this context discuss the role of DGFT as a facilitator of

exports/imports with the help of relevant provisions and Foreign Trade Policy. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VII & IX

CLS-Corporate Finance (Hons.-II)





(Marks 2×10=20)

a. “All Bankers to an Issue are Self Certified Syndicate Banks.” Is this statement correct?

Give reasons for your answer.

b. Ratna Enterprise is a listed company. In December 2014, Ratna Enterprise had made a

right issue to its existing shareholders. These shareholders have not paid the entire

amount of those equity shares and to get that amount company is planning to soon make

the last call. But before that Company wants to go for a public issue in October 2015 as

they want to raise some finance. Can Ratna Enterprise proceed with the public issue?

c. “Letter of Offer” is issued during which issue. Is it same as prospectus? Explain

d. Dhantri Co. Ltd. announced Bonus Issue but two weeks after the announcement, they felt

that issuing bonus issue is right now a financially wrong decision. Can they withdraw the

issue after announcement? Also explain that can bonus issue be distributed without

shareholders approval.

e. What do you understand by Mezzanine Debt? Discuss the reasonable ratio between

equity and debt finance.

f. Ram was holding some convertible debentures of XYZ Corp. He was always concerned

about the interest of debenture holders. On January 2015, his convertible debentures got

converted into shares. Now he is a beneficial shareholder but his concern towards

creditors and investors are same. XYZ Corp. therefore has decided to make him

debenture trustee on September 2015, for the debentures which they are about to issue.

Can he be appointed as debenture trustee? Give reasons for your answer.

g. What do you understand by unsponsored depository receipt? What changes have been

brought in general concept of unsponsored depository receipt through Depository

Receipt Scheme, 2014

h. Can category I Merchant Banker, act as a Portfolio Manager without any registration as

Portfolio Manager. What is the limitation imposed on Category I Merchant Banker

regarding underwriting?

i. What are the two sources of investment for a company, when they take financial

decisions?

j. What are the different kinds of underwriters? Explain

2. Dematerialization and free transfer of securities (electronically) has become the basic need of

today’s capital market. Depository system provides the same. Deal the following questions

regarding this system- (Marks 2×5=10)

a. Difference between Depository and custodian

b. What is the manner of creating pledge or hypothecation?

c. State the securities which can be dematerialized as per law.

d. What do you understand by term- “dematerialization” and “fungible” securities?

e. Is depository a company? If applicant, who has applied for registration as Depository got

certificate of registration then can he start performing the function as Depository.

3. What are the basic principles of Capital Budgeting? What does Capital Budgeting exactly

means. Also discuss the steps involved in Capital Budgeting along with its type. (Marks 10)

4. Portfolio Manager is an important intermediary of financial market. Answer following issues

regarding Portfolio Manager- (Marks 2×5=10)

a. Different kinds of Portfolio Manager and their functions

b. What are the eligibility criteria to be fulfilled before applying for registration as Portfolio

Manager?

c. Difference between Portfolio Manager and Mutual Funds.

d. What are the purposes of inspection by Board mentioned in Regulation 24 of SEBI

(Portfolio Manager) Regulation,1993

e. What shall be the period of validity of certificate of registration granted for working as

Portfolio Manager? Is renewal application is to be made to SEBI after the expiry of

validity period or automatic renewal of certificate of registration will take place if no

objection is raised.

5. Haider Ltd. planned to go for the public issue in December 2015. In red herring prospectus

they have mentioned that 25% of the issue will be raised through fixed price and 75 % of

issue through book building. Will SEBI permit such kind of issue? Support your answer

through legal reasoning.

Discuss the book-building process and also mention the special privilege given to anchor

investors in this process. (Marks 10)

6. Rating of securities is mandatory for many securities. Even issuer of securities goes with the

rated securities in its prospectus as it creates confidence among the investors. But is this

rating system flawless. Do you think Credit Rating Agencies are performing their work

efficiently and effectively? Discuss the problems associated with credit rating system and

give the possible solution for the same. (Marks 10)

7. (a) Mr. John was an ADR holder of Rajat Co. Ltd. incorporated in India. Mr. John wanted to

inspect the register of annual general meeting of the Company. Will he be permitted to

inspect and why? (Marks 05)

(b) Short Notes:- (Marks 2+2+1=05)

I. Institutional Placement Programme

II. Qualified Institutional Placement

III. Share Transfer Agent

*******

I.D. No.___________________


SEMESTER-VII & IX

IPR-Copyright (Hons.-II)





(Marks 2×10=20) a. Discuss the three step test of Berne Convention.

b. Briefly discuss the meaning of moral rights. Can corporations possess moral rights in India?

c. Discuss Section 53 of the Copyright Act, 1957.

d. Identify the functions of copyright board.

e. What is the digital agenda of WIPO Internet Treaties of 1996?

f. “Copyright subsists in the particular form of language used”. Discuss.

g. What do you mean by work of joint authorship? Discuss its ingredients.

h. Briefly discuss the provisions of International Human Rights documents having bearing on

copyright.

i. Explain the procedure for registration of copyright. Is it mandatory to register the work to obtain

copyright?

j. Discuss the salient features and importance of Universal Copyright Convention.

2. (a) “The Copyright (Amendment) Act, 2012 has strengthened the statutory monopoly of

copyright societies”. Discuss. (Marks 05)

(b) Explain Sections 65A and 65B of the Copyright Act, 1957. (Marks 05)

3. (a) Discuss the difference between primary infringement and secondary infringement of copyright.

(Marks 05)

(b) What do you mean by ‘Anton Piller Order’ and ‘Mareva Injunction’? Also discuss their

applicability under Indian law. (Marks 05)

4. Define ‘performer’ and ‘performance’. Explain the economic rights of performers. What are the other

provisions of the Copyright Act, 1957 which have application with respect to performer’s rights?

(Marks 10)

5. Discuss in detail the scheme of compulsory license provided under the Copyright Act, 1957.

Highlight the changes introduced by the Copyright (Amendment) Act, 2012 in provisions related to

compulsory licenses. (Marks 10)

6. (a) What do you mean by artistic work? Discuss the methods to decide the artistic quality of a work

of craftsmanship. (Marks 05)

(b) Discuss the meaning of literary work. (Marks 05)

7. (a) Explain the nature of reproduction right and distribution right as provided under the Copyright

Act, 1957. (Marks 05)

(b) Discuss the factors to decide fairness of the dealing under fair dealing exception under the

Copyright Act, 1957. (Marks 05)

*******

I.D. No.___________________


SEMESTER-VII & IX

Cr.L.-Criminal Socio Economic Offences (Hons.-II)





(Marks 2×10=20)

a) What do you understand by Socio-Economic Offences?

b) Distinguish between traditional and socio-economic crimes.

c) Discuss law relating to dowry in brief.

d) Discuss statutory provisions relating to immoral trafficking

e) What do you understand by food adulteration?

f) Discuss the liability of manufacture under the Food and Safety Standard Act, 2006.

g) Describe nature of offences and its procedure under the Protection of Civil Rights Act,

1955.

h) What do you understand by Corruption?

i) Discuss trial procedure of offences of corruption under the Prevention of Corruption Act,

1988.

j) Describe law relating to Black Marketing and Hoarding of Essential Commodities.

2. What are various reasons of Socio-Economic Crimes? Discuss law relating to Socio-

Economic Crimes in India. (Marks 10)

3. “Dowry is a social evil” referring to leading case law, discuss the role of Indian Supreme

Court in combating dowry in India. (Marks 10)

4. Do you think that law relating to immoral trafficking is effective? Discuss various statutory

safeguards provided to the victim in India. (Marks 10)

5. Discuss the criminal liability of offender under the Prevention of Food Adulteration Act,

1954. Explain trial procedure of offences under the Prevention of Food Adulteration Act,

1954. (Marks 10)

6. Define untouchability. What are the various kind of punishments provided for the

untouchability under Protection of Civil Rights Act, 1955. (Marks 10)

7. What are the various causes of Corruption? Discuss the procedure relating to investigation

and trial provided under the Prevention of Corruption Act, 1988. (Marks 10)

*******

I.D. No.___________________


SEMESTER-I

Political Theory (Major)





(Marks 2×10=20)

a. Behavioral Approach

b. Comparative Method

c. Changing notion of State

d. Theory of Force

e. Concept of Laissez faire Liberalism

f. Marxist theory of the functions and meaning of State

g. Nature of Welfare State

h. De-jure and De -facto Sovereignty

i. Different types of Equality

j. Amartya Sen’s notion of Justice

2. Discuss in detail the Structural Functional Approach to the study of Political Science.

(Marks 10)

3. Elaborate the Social Contract Theory of the Origin of State along with its major criticisms.

(Marks 10)

4. What do you understand by Positive Liberalism? Discuss its features and views of J.S.Mill

and T.H.Green. (Marks 10)

5. Give a detailed account of Pluralistic nature of Sovereignty; also explicate the characteristics

and evolution. (Marks 10)

6. Write an essay on the concept of liberty. Bring out the differences between negative and

positive liberty with special reference to Mill and Isaiah Berlin. (Marks 10)

7. Elaborate the concept of Democracy. Discuss its important variants and characteristics.

(Marks 10)

*******

I.D. No.___________________


SEMESTER-III

Law of Torts





(Marks 2×10=20) a. iura in rem and iura in personam

b. Privity of contract fallacy

c. Ex turpi causa non oritur actio

d. Qui facit per alium facit per se

e. The rule of last opportunity

f. The Scienter Rule

g. Hedley Byrne liability

h. Hazardous substances

i. Meaning of Consumer under the Consumer Protection Act, 1986

j. Nemo dat quod non habet

2. “A manufacturer of products, which he sells in such a form as to show that he intends them to reach

the ultimate consumer in the form in which they left with no reasonable possibility of intermediate

examination and with the knowledge that the absence of reasonable care in the preparation or putting

up of the products will result in an injury to the consumer’s life or property, owes a duty to the

consumer to take that reasonable care.” In this context discuss the essential elements of tort of

negligence with special emphasis on the doctrine of ‘reasonable foreseeability’ and standard of care

required. (Marks 10)

3. What do you understand by ‘No Fault Liability’? A&Z Co. Ltd. was engaged in hazardous and

inherently dangerous activity. Deadly toxic gas leaked as a result of earthquake. Exposure to the toxic

gas caused death of at least one thousand five hundred persons in and around the plant premises.

Discuss the law to be applicable for deciding the liability of A&Z Co. Ltd. (Marks 10)

4. Critically examine the development of law relating to remoteness of damage. Which test would you

prefer for deciding the cases of remoteness of damage? Justify your answer by giving reasons.

(Marks 10)

5. “The crude view that the law should take cognizance only of physical injury resulting from actual

impact has been discarded, and it is now well recognised that an action will lie for injury by shock

sustained through the medium of eye or the ear, without direct contact.” In the context of this

statement make an evaluation of law relating to Nervous Shock. (Marks 10)

6. (a) A asks for a lift from a motorist B. A is told by B: “I am not an expert driver. I am without a

driving licence too. You may travel at your own risk.” A travels with B. Later the motor vehicle

collides with a bus due to defective brakes of B’s vehicle. A sues B for injuries suffered by him in the

accident. B takes the plea of volenti non fit injuria. Decide with the help of authoritative case law.

(b) When plaintiff voluntarily encounters a risk to rescue somebody from an imminent danger created

by the wrongful act of the defendant, he cannot be met with the defence of volenti non fit injuria. –

Discuss. (Marks 5×2=10)

7. (a) Discuss the defence of Fair Comment to an action of defamation.

(b) Discuss that the liability of joint tort feasors is joint and several and the plaintiff has the choice to

sue any one of them, some of them or all of them, in an action. (Marks 5×2=10)

*******

I.D. No.___________________


SEMESTER-V

Labour Law-II





(Marks 2×10=20)

a. Explain “Insurance Fund” under the Employees’ Provident Funds Act, 1952.

b. Explain the concept of “Appropriate Government” under the social security laws.

c. Define “Schedule Employment” under the Minimum Wages Act, 1948.

d. Explain the concept of ‘Wages in Kind’ under the Minimum Wages Act, 1948.

e. Define Employees’ Deposit-linked Insurance Scheme.

f. Explain Controlling Authority under the Payment of Gratuity Act, 1972.

g. Differentiate between “Pension” and “Gratuity” and “Gratuity” and “Provident

Fund”.

h. What are the chief differences between; living wage, minimum wage and fair wage?

i. Who is a ‘Recovery Officer’ under, The Employees Provident Fund and

Miscellaneous Provisions Act, 1952?

j. What is an ‘Exempted Establishment’ under the EPF Act, 1952?

2. (a) Jagan was standing in a queue waiting for the bus provided by his employer to go to the

place of his employment. While standing in the queue he was ran over by the same bus

resulting in multiple injuries leading to his disability. Based on the various relevant

provisions of the Employees’ State Insurance Act, 1948 state whether the Corporation is

liable. Also state the extent of the benefit that Jagan is competent to get, provided the

Corporation is liable. (Marks 03)

(b) The Employees’ State Insurance Scheme is administered by a corporate body known as

Employees’ State Insurance Corporation (ESIC) along with subsidiary bodies like Standing

Committee and Medical Benefit Council. State the constitution, powers and functions of

these organizations and state how they help in the implementation of the Employees’ State

Insurance Scheme. (Marks 07)

3. (a) Ranjan was employed in a scheduled employment and was offered wages at a rate lower

than the minimum wages. The employer did not respond positively to his plea of being given

the minimum wages the employer pleaded that the employee had agreed the condition of

service and moreover, the establishment was running at loss. Ranjan intends to challenge the

contention of his employer. Will he succeed? Refer to relevant provisions of the Minimum

Wages Act, 1948 and case laws in support of your answer. (Marks 05)

(b) Suresh an employee of a glass factory has been retrenched from his service after 4 and ½

years of his employment but subsequently he was engaged in the same factory on wages for

various broken uncertain periods whenever there is work available for him. Can he claim

gratuity under, The Payment of Gratuity Act, 1972 being an employee providing ‘continuous

service’ to his employer. Explain. (Marks 05)

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

a. Difference between the concepts of ‘Social Assistance’ and ‘Social Insurance’.

b. Jurisdiction, powers and functions of Commissioners under the Employees

Compensation Act, 1923.

c. Procedure for fixing Wage under the Minimum Wages Act, 1948.

5. Sarita, an employer in a cloth industry absents herself from work without giving any notice to

her employer for the entire month of February, 2013. But on 2nd March, 2013 her employer

received a notice about her delivery two days ago, i.e. on 28th February, 2013. In spite of

such receipt the employer dismissed her from any maternity benefit or medical bonus. Decide

the case, with proper applicable provisions and judicial decisions. (Marks 10)

6. (a) Discuss various defenses available to an employer for not paying compensation to an

employee under, The Employees’ Compensation Act, 1923. (Marks 05)

(b) ‘X’ a workman in a Steel Industry was residing in a hut provided by the employer in the

factory premises itself. On a cursed night, the hut caught fire and the workman was burnt

alive. Can his dependants claim compensation under, The Employees’ Compensation Act,

1923 on the ground of claiming the mishap as accident arising out and in course of

employment? (Marks 05)

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

a. Commissioner under the EC Act, 1923.

b. Doctrine of Notional Extension in India

*******

I.D. No.___________________


SEMESTER-VII

Law of Evidence





(Marks 2×10=20)

a. What are leading questions and when it cannot be asked? b. Doctrine of Res Ipsa Loquitor.

c. A is accused of having murdered B by hitting her repeatedly with a blunt instrument. At A’s trial

the prosecution wishes to introduce the following facts:

i. that A caused B’s death

ii. that A intended to cause B’s death

iii. that A received grave and sudden provocation from B and

iv. that B was suffering from a grievous illness at the time of her death.

Which of these are facts-in-issue and why?

d. In course of cross-examination a witness can of course be asked all questions relating to relevant

facts. But in addition to such questions the witness can also be questioned as to his character etc…

Explain with the help of relevant provisions and case laws if any.

e. A woman ‘A’ gifted her property to her grandson. The lady was more than 90 years but she was

fully intelligent and not infirm. The gift was made out of natural love and affection as the donee has

lost his mother and the step-mother used to torture him. A suit was filed by ‘A’ and her son on the

ground of fraud in the transaction. On whom the burden of proof will lie if the gift is challenged on

the ground of fraud?

f. How the term “Evidence” is defined under the Indian Evidence Act, 1872?

g. Who is a Hostile Witness?

h. The question is whether A owes B Rs.10000. The facts that A asked C to lend him money, and D

said to C in A’s presence and hearing “I advice you not to trust A, for he owes B Rs.10000” and

that A went away without making any answer, are relevant facts. Decide under which provision of

the Indian Evidence Act, 1872 this fact is relevant and why.

i. Communications between husband and wife are prevented from being disclosed. Explain with the

help of relevant provisions.

j. Explain with the help of relevant provisions the circumstances in which the character of a person

becomes relevant.

2. (a) Documents are primary evidence but oral account of the content of document is secondary

evidence. Explain with relevant provisions and case-laws if any. (Marks 05)

(b) Accused was facing trial for causing wounds with intent to do grievous hurt. The injured person

and his wife gave evidence that the accused slashed his face with a razor. Both of them were cross

examined on behalf of accused as to their bad character. The accused, however, gave no evidence

from his side but the prosecution produced a police officer who gave evidence of previous

convictions of the accused and also of his bad character. Whether police officer can give evidence of

the previous conviction of the accused and also of his bad character? (Marks 05)

3. (a) Who is an accomplice and explain the law relating to accomplice with the help of relevant

provisions and case-laws if any. (Marks 05)

(b) The general rule is that the hearsay evidence is not admissible in the proof of a fact which has

been stated by a third person. This rule has been long established as a fundamental principal but

certain exceptions have been also recognized. In light of the statement explain the exceptions of

hearsay evidence. (Marks 05)

4. Dinesh, the accused, was married to Reema. Reema’s parents had died in her infancy and she was

brought up by her cousin, Sita. Sita gifted a part of her own inherited lands to Reema and the whole

land was being cultivated by Dinesh’s uncle, Mahesh. Dinesh and Mahesh were negotiating sale of

some of the lands, but Sita protested. Dinesh slapped her and threatened to smash her face. Early in

the next morning Sita was lying dead on her bed with a number of wounds and a pool of blood below

the cot. Dinesh was missing. When he was apprehended some two days later he told the police that he

attacked Sita with a gadasa which he had earlier borrowed from another and killed her on the spot and

thereafter threw the gadasa into the village tank, washed himself and absconded. In the presence of

the investigating officer and certain witnesses, he waded into the tank and took out the gadasa. A

serologist examined it and testified that it was stained with human blood. Thus its connection with the

murder was clearly established. The statement of the accused to the police and consequential

discovery of the gadasa when seen in the background of his anger with Sita, the borrowing of gadasa,

some persons having seen him running towards the tank, taking bath in it and his disappearance, left

no doubt that he was guilty and the Sessions Judge accordingly convicted him. Decide with the help

of relevant provisions and case laws, whether the decision of Sessions Judge is correct or not.

(Marks 10)

5. “Where one by his words or conduct willfully causes another to believe in the existence of a certain

state of things, and induces him to act on that belief, or to alter his previous position, the former is

precluded from averring against the latter a different state of things as existed at that time.”

In the light of the above statement, explain the doctrine of Estoppel. (Marks 10)

6. A woman after marriage within seven years of her marriage died due to burning inside her husband

house. The incident took place at 10pm in the night, it was proved that the father-in-law, mother-in-

law and the husband were inside the house with the woman at the time of incident. A lot of hue and

cry was made by the woman when she was burnt and when the neighbor arrived, the door of the

house was locked from inside and it was opened only after a sufficient delay. Upon the opening of

door by father-in-law, the neighbors saw that the husband of the woman was trying to extinguish the

fire. The woman was 90% burnt and was taken to the hospital by the neighbor and the husband. She

died three days after the incident. She made the first dying declaration to the doctor who did her

medical examination on being brought to the hospital. She stated that she was injured because of the

bursting of the stove while she was working in the kitchen and that no one had any role to play in the

incident.

She made another dying declaration to the police officer thereafter in which she stated that she was

sleeping in her room with her mother-in-law and all of a sudden someone covered her face, with a

cloth and two persons dragged her to courtyard whereupon someone poured kerosene from the back

and someone threw lighted matchstick from back where after she caught fire and she choked and

suffocated due to smoke and became unconscious.

The third dying declaration was made by her to Execution Magistrate immediately before her death,

in which she repeated the same statements of second dying declaration and she added that her

husband had great care for her and he was not involved in the crime rather on the day of the incident.

She was sleeping with her mother-in law inside the room was locked from outside. And the husband

was sleeping on terrace. Other relevant facts are: in the report of police there is no mention of the

stove; no report of any sign of anyone being inside the kitchen; the gallon of kerosene and wet match

box was recovered from the courtyard.

Which of the three dying declaration will be accepted by the court (Marks 10)

7. ”Confession is species of which admission is the genus”. Explain. (Marks 10)

*******

I.D. No.___________________


SEMESTER- IX

Competition Law (Optional-II)





(Marks 2×10=20)

a. Rule of reason

b. Tie-in agreement

c. Appreciable Adverse Effect on Competition

d. HHI Index

e. Predatory Pricing

f. Relevant Product Market

g. Joint Venture Exception

h. Horizontal & Vertical Mergers

i. Extra-territorial jurisdiction of CCI

j. Cartel

2. Carefully read the following illustrations and highlight the relevant provisions under

Competition Act, 2002 which are violated as per your opinion. Cite relevant case law and

standard to be applied in the following cases:

(i) K Sera Sera Cine Association has passed a resolution prohibiting its members from

releasing the film ‘’Tamasha’, threatening dire consequences in case of non-

compliance. The film’s producer, Eros International, did not clear dues of some of the

members of the Association in Chattisgarh, Jharkhand, Kerala and Madhya Pradesh

for its previous film ‘Kochadaiiyaan’. The Cine Association is also issuing circulars

and letters restricting exhibition of films.

(ii) As per the provisions of the Jute Packaging Materials (Compulsory Use in Packaging

Commodities) Act, 1987 the sugar mills are required to sell goods in jute bags. Jute

owners, instead of allowing market forces to determine the price of jute bags,

themselves decide the price of the bags, and changes in the same are entirely

disproportional with changes in prices of raw jute. The supply of bags is seen to

decrease with increase in demand for them. The executive members of the jute mills

association - Indian Jute Mills Association (IJMA) and Gunny Trade Association

(GTA) interacted frequently. Further, the GTA also issues Daily Price Bulletins fixing

the price for members of the IJMA and GTA to follow. (Marks 10)

3. Keane J. on Ice Cream:- (Marks 10)

"I do not think that someone going into a confectioner’s or newsagent to buy an ice cream

who finds the cabinet temporarily empty would treat their appetite as slaked by a can of coke

or a bag of crisps."

Justify the statement in the light of the problems of SSNIP test.

https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CEsQFjAAahUKEwjkoK6E1PjIAhViJqYKHZgEDJ8&url=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FKochadaiiyaan&usg=AFQjCNEOe6VnHv-9E0I3evxOil2nmTQURQ&sig2=UW5eLSH_DeMmldVTc2u7gg

4. Explain Combination under the Competition Act, 2002. Also discuss mandatory filing

requirement and standstill obligation. (Marks 10)

5. One Mrs. Jain, who was expecting a baby, entered into an agreement with M/s Life Cell

India Pvt. Ltd. (‘Life Cell’) for the purpose of preservation of the stem cells of the baby. Mrs.

Jain was availing the maternity services from Dr. L.H. Hiranandani Hospital (‘OP hospital’)

and was scheduled to get the baby delivered therein. Mrs. Jain let the OP hospital know that

she is availing the stem cells banking services of Life Cell and requested the OP hospital that

Life Cell may be allowed to collect the stem cells blood right after the delivery, i.e. within 10

minutes. The request of Mrs. Jain was turned down by the OP hospital. They informed her

that they will not allow Life Cell to enter the premises of the hospital for the purpose of

collecting the stem cells blood and that if she was inclined to get the stem cells collected, she

could resort to the services of another stem cells bank, i.e. Cryobanks International India

(‘Cryobank’). She was informed by the OP hospital that they had an exclusive agreement

with the Cryobank because of which only Cryobank is permitted to collect the stem cells of

expecting mothers who are admitted in the OP hospital. Consequent to this refusal, Mrs. Jain

had to get her delivery done at Seven Hills Multi Super Specialty Hospital rather than at the

OP hospital. Give your opinion on contravention of Competition Act considering the fact that

the Stem cell banking services sector is at nascent stage in India, a small market with very

few players providing this service and the closest Super Specialty hospital is at a distance of

15km. (Respective market share scenario of the players shows that Life Cell and Cryobanks

are the two major players, collectively holding around 67% of the market share in stem cell

collection in Mumbai.) Cite relevant case laws to support your answer. (Marks 10)

6. Indian Oil Corporation Ltd. invited bids for 10 Million 14.2 Kg cylinders with SC valves to

various bottling plants. 63 bidders participated, out of which 50 bidders are qualified and

bided.

The rates quoted by the bidders are significantly similar even when the factories and the

offices of these parties were located in different places. The LPG manufacturers also have a

common platform available to them - Indian LPG Cylinders Manufacturers Association. In

fact, a meeting of the association had indeed been convened in Mumbai just before the date

of submission of price bids. Discuss the above facts in light of Sec 3 of the Competition Act,

2002 emphasizing on the standard of evidence applied in such anti-competitive agreements.

(Marks 10)

7. Write notes on:- (Marks 5×2=10)

a. Give an account of enactment and repeal of Monopolies & Restrictive Trade Practices Act,

1969.

b. Competition Advocacy in India.

*******

I.D. No.___________________


SEMESTER- IX

International Commercial Arbitration (Optional-II)





(Marks 2×10=20) a. What were the two objectives behind the formation of Geneva Protocol, 1923?

b. Why arbitration clause is also referred as “midnight clause”?

c. Libia Corporation and Jil Association entered into an agency contract on 1st January 2015. All

meetings and discussion which took place during the proceeding were recorded in camera. In the

final discussion both parties orally agreed for settlement of disputes through arbitration in France

and arbitration will be as per Irish Law but this clause is not there in the written agency contract.

Will this be considered as valid arbitration agreement?

d. Explain the “list system” used for the appointment of arbitrators

e. If you have to frame arbitration agreement then what you will choose as your substantive law-

National Law, Private International Law or Concurrent Law. Give your opinion.

f. Lalit sent a notice to Jatin for Arbitration on 10th March 2010 as a trade dispute cropped up

between them on 2nd January 2010. There was an arbitration clause in their trade agreement

according to which seat was Katappa, substantive law was Swisdenian law and three arbitrator

panel. Lalit initiated the procedure for constitution of tribunal by nominating his arbitrator on 11th

February 2011. Finally after lot of hassle claim was subjected to tribunal on 15th March 2015.

During the proceeding Jatin claimed that proceeding cannot take place as arbitration is time barred

because as per Katappa Law time frame for arbitration begins from the date when notice of

arbitration is given to other party and limitation period is of 4years. While Lalit argued that it’s not

time barred as per Swisdenian Law, where time frame starts when one of the party initiates

constitution of tribunal party and limitation period is 5 years, so it is a valid proceeding. Explain

whether proceeding is time barred or not. Give legal reason.

g. Arbitration proceeding was taking place between two multi-national companies. Proceeding has to

be completed in 20 seating and already 13 seating were completed but unfortunately one arbitrator

out of the three arbitrators died. Now what should be the proper action taken up by the parties- end

the proceeding, appoint the new arbitrator or go by truncated tribunal. Support your answer

through proper reasoning.

h. What do you understand by “Default Award”?

i. Arbitration clause framed between Ajit Locomotive and Crystal Clear Ltd stated that in case of

dispute seat Srilanka and applicable law French; it was expressly written in that privacy will be

maintained. Award was passed in favour of Crystal Clear Ltd and after that they published the

same on their website. Ajit Locomotive filed a suit in Srilanka’s court that award should be

quashed as Crystal Clear Ltd has breached the contract because by publishing the award Crystal

Clear Ltd has violated the privacy requirement. Will Ajit Locomotive succeed in their action? Give

legal reasons.

j. “Newyork Convention, 1958 promotes delocalistation theory through some of its provision.” Do

you agree with this statement? Deal with the help of provision of Newyork Convention, 1958.

2. F.A. Mann argues “every arbitration is a national arbitration that is to say, subject to specific legal

system of national law”. But on the other hand academicians defend that “arbitration is escaping the

hold of any national, if you see recent transnational litigation like Putrabali and Gotaverken Case.

International Arbitration will lead to autonomous, non-national and delocalized system.” Which view

do you support? Explain that view with the help of its basic related theory. (Marks 10)

3. (a) AZB Corp. and Tihar Co. Ltd for the first time entered into a trade relation and were hoping for a

huge success. Just for precaution in their main purchase agreement they kept an arbitration clause.

But inspite of healthy start payment issue came into picture and thus arbitration proceeding started

regarding the same in front of three arbitrator tribunal. During the proceeding, AZB Corp learnt a fact

that Mr. Owen, arbitrator appointed by Tihar Co. Ltd has been appointed by Tihar Co. Ltd in previous

proceedings also.

AZB filed a suit against arbitrator that Arbitrator Mr. Owen is not independent and should not be

allowed to sit further in a proceeding? Decide whether arbitrator is independent or not. Also discuss

the difference between terms independence and impartiality. (Marks 05)

(b) Comment on the following statement-

“Fraud and Corruption are the issues which involve various public interest matters and thus should

not be arbitrated. (Marks 05)

4. Rinki a domicile of UK and Rajat a citizen of India entered into a sale agreement of cotton bale,

which Rajat has to supply monthly to Rinki for next one year. Rajat failed to supply in the month of

August, September and October without any reasonable ground. So Rinki initiated arbitration

proceeding as per arbitration clause present in sale agreement. Sole arbitrator was appointed by Rinki,

seat was USA and arbitration proceeding as per German Law. Rajat was reluctant about the

proceeding but still gave the consent for the same and proceeded with it. In the middle of the

proceeding he filed a suit against arbitrator in seat court stating that he is partial towards Rinki and

has taken bribe from her.

Arbitrator in his defense stated that he is acting as a judge and should be immune from all such suit

and actions. (Marks 10)

Decide-

a) Is arbitrator a judge as stated in above facts or a mere creation of contract?

b) Will seat court entertain this proceeding against arbitrator?

c) If seat would have been India then what would have been the court’s decision and why?

5. (a) Stare Decisis and Resjudicata are two major principles prevalent in judicial system. Are these two

present in international arbitration also? Discuss (Marks 05)

(b) Recognition and Enforcement of award is the last stage of arbitration. These two words are taken

together- are they same or different. Also discuss the grounds mentioned in Newyork Convention,

1958 to challenge recognition and enforcement of award. (Marks 05)

6. (a) Laxman Enterprises Ltd incorporated in India entered into a service agreement for providing

telecommunication services with HSB Pvt. Ltd incorporated in Argentina. In agreement there was an

arbitration clause stating “In the event of any dispute matter will be referred to well established

Court of International Arbitration (Like LCIA) designated by mutual agreement of both parties.”

Later on dispute arose between the two regarding improper services been provided by Laxman

Enterprises Ltd. To obtain payment for services Laxman Enterprise Ltd. initiated arbitration

proceeding. HSB Pvt Ltd claimed that no arbitration can be done as arbitration clause is a

“pathological clause” Will HSB’s argument succeed? Can arbitration proceeding be conducted?

(Marks 05)

(b) Curial Law and Substantive Law are the two main laws which play major role while conducting

arbitration proceeding. Lot of over-lapping can be seen between the two laws at the time of

proceeding but still they are different. Explain the difference between curial and substantive law and

their need in arbitration proceeding. (Marks 05)

7. Kalki Style Co. and Manish Fashion Ltd. had a contract regarding supply of little black dresses as per

requirement of Kalki Style Co. Both companies were incorporated in the country named

“Wonderland”. Kalki Style Co. had place of business in other countries also. Little black dresses were

to be supplied to all the place of business of Kalki Style Co.

Dispute arose between the two as some little black dresses were not properly stitched. To solve the

dispute amicably Manish Fashion Ltd. proposed arbitration. Arbitration agreement was drafted stating

that dispute will be arbitrated and arbitration shall take place as per the arbitration clause mentioned

in a previous contract of 2013 between Kalki Style Co. and Manish Fashion Ltd regarding supply of

beach wears. In that agreement there were two articles-

Article 7- Agreement was to be governed by, interpreted and construed in accordance with the laws of

India.

Article 8- In the event of dispute arising out of or in connection with this agreement shall be referred

to tribunal. Arbitration shall be conducted in accordance with the procedure provided in Indian

Arbitration Act, 1996. Language of arbitration would be English, seat London and sole arbitrator

should be appointed.

Sole Arbitrator was appointed by both the parties together through list system. Arbitrator sent a notice

to Manish Fashion Ltd on 10th October 2015 informing the date of first hearing i.e 10th November

2015 and asked them to convey the same to other party. Manish Fashion Ltd conveyed the same to

Kalki Style Co. on 5th November 2015, through an e-mail. Kalki Style Co. replied back that they will

go to court against this unjust initiation of unjust proceeding through such a short period notice. Legal

Advisor of Manish Fashion Ltd on receiving this mail, called Kalki Style Co. and informed that

Tribunal themselves are competent to hear the question of jurisdiction and such challenges, so Kalki

Style Ltd will not succeed with their action as court will not entertain the same. It would be better that

Kalki Style Co. raise every issue in front of tribunal.

Deal the given issue-

a) Is this dispute International?

b) Can arbitration agreement be drafted after dispute arose? What kind of agreement is it?

c) If Tribunal will be permitted to entertain the challenges then what will be the substantive law as it

is not clear. Which approach will be followed to get an answer voie directe or voie indirecte

because Indian law and English law both have different approach? Explain

d) If arbitration award is passed here in favour of Manish Fashion Ltd then on what ground can

Kalki Style Co. raise challenge against that award in front of court as everything is consensual?

(Restrict yourself to given facts only) (Marks 10)

*******

I.D. No.___________________


SEMESTER- IX

Cyber Law (Optional-II)





(Marks 2×10=20)

a. Jurisdiction to enforce

b. Data Diddling

c. Adwords and Trademark infringement

d. Disadvantages of E-commerce

e. Hash Function

f. Surface Linking

g. ILOVEYOU / LOVE Bug

h. Classes of Digital Signature certificate

i. C2B model of E-commerce

j. Internet Time theft

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

a. Legal implications of using trademarks as metatags

b. Cyber surveillance by government

3. The concept of “minimum contact” has evolved with time to meet the demands of

jurisdictional issues in cyberspace. Throw light on this evolution of the “minimum contact

test” by reference to relevant case laws. Also list out shortcomings of this test, if any.

(Marks 10)

4. (a) Define E-governance.

(b) Government of Chhattisgarh had notified in 2000 for e-filling of mark-sheets and e-

transfer of admission form fee for admission to government higher-secondary schools in

Chhattisgarh. However due to dysfunction of the portal several times and problems rising

herein, the Government notified the system would be discontinued from 2005. Sheetal who

passed Class 10 boards in 2015 filled a suit before Bilaspur High Court against Ministry of

Higher Education in Chhattisgarh claiming the Government of Chhattisgarh is under

obligations to accept electronic records and allow e-monetary transfer of fund under Section

6 of the Information Technology Act, 2000.

i. Elaborate on the laws under section 6 of the IT Act, 2000

ii. Discuss the defense arguments that can be put forward by Government of Chhattisgarh

relying on provisions of the IT Act, 2000. (Marks 2+3+5=10)

5. (a) Write Short notes on:- (Marks 04)

i. “Sealed Envelope” contract

ii. Browser-wrap e-contract

(b) Zeeshan, a resident of Delhi filed a consumer complaint through email with Customer

Care Department of PZQ Company on Monday, 9th November. Zeeshan sent the email at

8am IST and Bhuter, the information officer of PZQ Company opened the said email at

13pm IST at Macau. He forward it to Ali,the customer service officer of PZQ Company and

Ali opens the said email at Dhaka at 22pm IST. PZQ Company has 30 offices across the

world with the principal place of business at London. Relying on the Information Technology

Act, 2000 and relevant case laws if any, determine:

i) The time of dispatch of the consumer complaint.

ii) The place of receipt of consumer complaint.

iii) When is the consumer complaint received by PZQ Company? (Marks 06)

6. Define Internet and elaborate on evolution of cyberspace through internet. Also discuss the

salient features of internet and how the same poses challenge for legal regulatory regimes

across the world. (Marks 10)

7. (a) What are the types of Top Level Domain Names? Illustrate with examples. (Marks 04)

(b) Section 79 and Section 81 of the Information Technology Act looks prima facie in

conflict with each other. Argue for or against relying in relevant provisions of the

Information Technology Act, 2000 and case laws. (Marks 06)

*******

I.D. No.___________________


SEMESTER- IX

Criminology & Penology (Optional-II)





(Marks 2×10=20)

a. Define “Criminology”.

b. Write a note on the concept of crime.

c. Explain the meaning of the term “Atavist”.

d. Write a short note on M’Naughton Rule.

e. What is prison labour?

f. Write William H. Sheldon’s view on criminality.

g. How wars and communal riots are responsible for crime.

h. Write about the connection between central nervous system and crime.

i. Write a short note on “broken homes” as factor responsible for crime causation.

j. Define “Parole”.

2. Explain the term “Probation”. What are the duties of Probation officers? What are the

differences between Probation and Parole? (Marks 10)

3. Explain the various theories of punishment. Write in detail about the modes of punishment.

(Marks 4+6=10)

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

a. Conditions of prison in India

b. Prison reforms

5. Write the main elements and the contribution of various schools of Criminology. (Marks 10)

6. Write notes on the following:- (Marks 6+4=10)

a. Malimath committee report on police reforms.

b. Function of Police.

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

a. Ghetto

b. Narcotics and alcohol as factor responsible for causation of crime.

*******

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