End Term Examination, April -2014 End Term - Jan. to April 2014.pdf · Can a writ petition filed by a party under Article 226 of the Constitution before a High Court and dismissed

I.D. No.___________________

Hidayatullah National Law University, Raipur

End Term Examination, April -2014 B.A.LL.B. (HONS.)

SEMESTER-II

Family Law-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. Who is a Hindu?

b. What is theory of irretrievable breakdown of marriage?

c. Differentiate ‘Divorce’ from ‘Judicial Separation’

d. What is the difference between void and voidable marriages under Hindu Law?

e. What is the difference between ‘Separation by mutual consent’ and ‘Judicial Separation’?

f. What are the primary sources of Muslim Law?

g. What do you mean by the term ‘Iddat’?

h. Explain the term ‘Ijma’?

i. What is ‘Khula’? How it is different from ‘Mubarat’?

j. Enumerate the distinctions between Batil and Fasid marriages under Muslim Law?

2. Explain the meaning and object of Restitution of Conjugal Rights. Also discuss the constitutional

validity of Section 9 of the Hindu Marriage Act, 1955 with the help of relevant case laws. (Marks 10)

3. Explain briefly various grounds of divorce under the Hindu Marriage Act, 1955 with special emphasis to

Desertion. Refer to relevant cases. (Marks 10)

4. What are the different Theories of Divorce? Explain how far these theories have found place in the

Hindu Marriage Act, 1955? (Marks 10)

5. Compare the nature and concept of ‘Marriage’ under Muslim Law and Hindu Law? (Marks 10)

6. What is the object of enacting the Dissolution of Muslim Marriage Act, 1939? Also explain the different

grounds to obtain divorce under the Act. (Marks 10)

7. What is the meaning and object of ‘Mahr’ (Dower) in Muslim law? Explain the various types of ‘Mahr’

and highlight the differences between Sunni and Shia Laws relating to Dower? (Marks 10)

*******

I.D. No.___________________



SEMESTER-IV

Constitutional Governance-II




1. Explain the following (each explanation should be in approximately 100 words):

(Marks 2×10=20)

a. Curative Petition

b. Advisory Jurisdiction of Supreme Court

c. Office of Profit

d. Regulatory Tax and Compensatory Tax

e. Financial Emergency

f. Doctrine of Prospective Overruling

g. Grants- in- Aid

h. Full Faith and Credit Clause

i. Collective Responsibility v. Individual Responsibility

j. Judicial Review of Pardoning Power

2. Discuss the procedure for appointment of judges of the Supreme Court and transfer of judges of the

High Courts. Can the appointment of a judge made after having consultation with the 'Collegiums' be

challenged on any ground? Do you support this system of appointment? (Marks 10)

3. Can a writ petition filed by a party under Article 226 of the Constitution before a High Court and

dismissed by the High Court, be filed before the Supreme Court under Article 32 of the Constitution?

What would be your answer if an appeal were to be filed under Article 136 of the Constitution? How for

Article 226 is wider than Article 32? (Marks 10)

4. “The doctrine of basic structure has established judicial supremacy in the area of Constitutional

Amendments.” Examine. (Marks 10)

5. Point out the contingencies under which the President may promulgate Ordinances. Discuss the

limitation on this power. Is similar power enjoyed by Governor of State? (Marks 10)

6. Highlight the meaning and significance of Parliamentary Privileges. Discuss whether Parliamentary

Privileges are subject to Judicial Review? (Marks 10)

7. What are the consequences of Proclamation of Emergency on the grounds of:

(Marks 5×2=10)

a. War, external aggression and armed rebellion

b. Failure of Constitutional machinery in State.

*******

I.D. No.___________________



SEMESTER-VI

Jurisprudence-II





(Marks 2×10=20)

a. Subordinate Legislation

b. Ratio decidendi

c. Fiction Theory of Corporate Personality

d. Literal Rule of Interpretation

e. Power and Immunity as given by ‘Hohfeld’

f. Status of Lower Animals

g. General conditions of Liability

h. Absolute Duty

i. Mischief Rule of Interpretation

j. Significance of Custom as a Source of Law

2. “Ownership is a concept easy to understand but difficult to define exactly.” Discuss the definition of

ownership as given by John Austin and Salmond. Point out the merits and demerits of each of the

definitions. ` (Marks 10)

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

a. Types of Property

b. Sources of Obligations

4. “Right to life is the most basic and cherished right of an individual.” In the light of this statement discuss

the constitutionality of capital punishment and highlight the arguments for and against capital

punishment. Support your answer with case laws. (Marks 10)

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

a. Stare Decisis

b. Corporation as a distinct personality

6. “Possession is nine-tenths of the law.” Explain the statement with reference to the concept of possession

and its essential features. (Marks 10)

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

a. Absolute liability and Strict liability

b. Retributive theory and Reformative theory of punishment

*******

I.D. No.___________________

Hidayatullah National Law University, Raipur End Term Examination, April -2014

B.A.LL.B. (HONS.)

SEMESTER-VIII

Land Laws





(Marks 2×10=20)

a. Landlord and tenant

b. Accommodation

c. Social nuisance

d. Affected family

e. Appropriate government

f. Agricultural land

g. Cost of acquisition

h. Persons interested

i. Landless person

j. Rents and whether rents are payable in kind

2. (a) Explain Lease and unauthorized lease under CGLRC. (Marks 4)

(b) What do you mean by diversion of land? Discuss its significance and explain the procedure for

diversion of land. (Marks 6)

3. (a) Explain the rights of Bhumiswami in relation to relinquishment and abandonment of holdings.

(Marks 5)

(b) Define consolidation of holdings. Explain the process of consolidation of holdings.

(Marks 5)

4. Explain :-

a. The constitution of Rent Control Tribunal. (Marks 3)

b. Powers and functions of rent controller and rent control tribunal. (Marks 4)

c. Execution of the order by rent controller. (Marks 3)

5. (a) Explain preliminary investigation for determination of social impact and public purpose.

(Marks 7)

(b) Discuss the special provisions to safeguard food security. (Marks 3)

6. What is an ‘Authority’ under Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013? Discuss its composition, powers and proceedings. Also

write about the determination of award by the Authority. (Marks 10)

7. (a) Define ‘public purpose’. Explain in detail the scope and application of Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in relation to public

purpose. (Marks 7)

(b) Discuss the procedure involved in Temporary Occupation of Land by the appropriate government.

(Marks 3)

*******

I.D. No.___________________



SEMESTER-X

Human Rights





(Marks 2×10=20)

a. Third Generation Human Rights

b. Regionalism as a threat to Universalisation of Human Right

c. Role of Committee on the Elimination of Racial Discrimination

d. Influence of Natural Law in the development of Human Rights

e. United Nations High Commissioner for Refugees and protection of human rights

f. Role of Committee on Migrant Workers

g. Commission on the Status of Women

h. Scope of Individual Complaint Mechanism for the protection of Human Rights

i. Legal Significance of UDHR

j. Human Rights Council

2. Discuss the framing of International Bill of Human Rights and explain its salient features. (Marks 10)

3. Examine the legal framework available at international and national level for the protection and

promotion of rights of Women. (Marks 10)

4. a. Elucidate the role of United Nations for the protection and promotion of human rights. (Marks 5)

b. Discuss the constitution of National Human Rights Commission in India and explain its powers and

functions. (Marks 5)

5. Enumerate the rights of Child under various international human right documents. Explain the various

legal provisions available in India for the protection of rights of child. (Marks 10)

6. a. What do you meant by ‘Minority’? Explain the various provisions for the protection of minorities at

international and national level. What should be the yardstick to determine minority? (Marks 5)

b. What do you meant by ‘Disabled Persons’? Explain the various provisions for the protection of

persons with disability at international and national level. (Marks 5)

7. “There is a general perception that the judiciary in this country has been active in expansion of the field

of fundamental rights and human rights into non-traditional areas, which earlier were considered outside

the scope of fundamental right” – Discuss the role of Indian Judiciary in implementing the international

human rights provisions for the protection and promotion of human rights in India. Refer relevant

decisions to support your answer. (Marks 10)

*******

I.D. No.___________________



SEMESTER-II

Sociology (Minor)


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

each question is indicated at the end of the question.

1. Explain the following (each Explanation should be in approximately 100 words):

(Marks 2×10=20)

a. What is metaphysical stage of human progress?

b. For what reasons Sociology is placed in the top according to the theory of hierarchy of

sciences?

c. Explain these concepts: Haves and Have-nots.

d. What is Altrusm?

e. How do you agree with the concept, ‘Postmodern as incredulity towards metanarratives’?

f. Define AGIL

g. Characteristics of Simulation society

h. Importance of Pattern Variables in society

i. Traditional Capitalism

j. Mode of production

2. Has a meaningful understanding with other, action or action of others: Mere contact with others or

actions in relation to others are not a social action. Social action should have a meaningful

understanding with the social action of others. In every type of contact of human beings has a social

character. This is rather confined to cases where the actor’s behaviour is meaningfully oriented to

that of others. Support your answer with the theoretical insight and examples. (Marks 10)

3. Scientific knowledge is characterized by the ability to provide proof supporting a statement, and

ability to refute opposing statements. The combination of these two conditions do not prove a

statement ‘true,’ but rather as being likely to be true based on our understanding of reality. The

competence needed in the formulation of scientific knowledge does not require a social bond; it is

one-sided, only requiring a sender’s competence, and is composed only of the language game of the

denotative utterance. Discuss the statement mentioned above in the light of ‘postmodern condition’

and ‘Status of Knowledge’ in society. (Marks 10)

4. Provide a critical analysis of Durkheim’s theory of Suicide (Le Suicide). (Marks 10)

5. “Change. Change. Change. Change … change. Change. Chaaange. When you say words a lot they

don't mean anything. Or maybe they don't mean anything anyway, and we just think they

do.”Critically explain the statement in the light of contemporary society. (Marks 10)

6. “Man's characteristic privilege is that the bond he accepts is not physical but moral; that is, social. He

is governed not by a material environment brutally imposed on him, but by a conscience superior to

his own, the superiority of which he feels. Because the greater, better part of his existence transcends

the body, he escapes the body's yoke, but is subject to that of society”. Explain the thoughts of Emile

Durkheim regarding this statement. (Marks 10)

7. We develop new principles for the world out of the world’s own principles. We do not say to the

world: Cease your struggles; they are foolish; we will give you the true slogan of struggle. We

merely show the world what it is really fighting for, and consciousness is something that it has to

acquire, even if it does not want to. Support your answer with the theoretical insight and examples.

(Marks 10)

*******

I.D. No.___________________



SEMESTER-IV

Transfer of Property Act





(Marks 2×10=20)

a. What do you mean by Gift of movable and immovable property?

b. What do you mean by the term ‘Easement’?

c. Whether Family Settlement is treated as transfer under the TP Act 1882?

d. State four differences between Lease and License.

e. Explain the principle laid down in the case of Girijesh Dutt v. Data Din

f. Explain the term ‘Vested interest’

g. What do you mean by ‘Partial Redemption’?

h. What do you mean by ‘Apportionment of income by time and by estate’?

i. Explain the scope of the term ‘Contingent interest’?

j. What is ‘Doctrine of priority’?

2. (i) [A] transfers Rs. 5000/- to [B] on a condition that he shall marry with the consent of C,D

& E. [B] marries without the consent of C, D & E, but obtains their consent after the

marriage.

Discuss whether the consent obtained by [B]can be considered as fulfillment of condition. If

yes, what would be the nature of such a condition? Support your answer with the help of

relevant provisions of TP Act, 1882. (Marks 4)

(ii) What do you understand by condition subsequent? Discuss the procedure provided for

performance of conditions subsequent. Also differentiate between condition precedent and

condition subsequent. (Marks 6)

3. (i) [A], a Hindu husband purchased land in the name of his wife [B]. The land was then

entered in [B]’s name in the Revenue Records. After [A]’s death [B], the widow mortgaged

the land to [C] who took the mortgage after due enquiry and believing in good faith that [B]

was the owner. In order to realize the mortgage money [C] obtained a decree for sale and

purchased the land in execution of a decree against [B]. The possession of land is with [D],

son of [B]. [C] brings a suit against [D] for possession of the said land.

Will [C] have the right to take possession over the land. Discuss with relevant provisions of

TPA, 1882. (Marks 3)

(ii) Who is a ‘Benamidar’ and an ‘Ostensible owner’? Discuss under what circumstances an

ostensible owner can transfer the property for consideration. How is he different from a

transfer made by an unauthorized person u/s 43 of the TP Act, 1882? (Marks 7)

4. (i) Explain the doctrine of ‘Lis Pendens’ with its essential elements. Also discuss whether a

transfer made lis pendens be invalid at the option of the purchaser. (Marks 6)

(ii) What is a sale of immovable property? Discuss the rights and liabilities of parties to a

sale. (Marks 4)

5. (i) The farm of Sultanpur is the property of [C] and worth Rs. 8 lacs. [A] by an instrument of

gift professes to transfer it to [B], giving by the same instrument Rs. 10 lacs to [C].

In the above transaction discuss the right of [B] under following circumstances:

(a) If [C] elects to retain the farm and forfeits the offer of Rs. 10 lacs.

(b) If [A] dies before the election. (Marks 3)

(ii) Discuss the essential features of the Doctrine of Election with its exceptions

and explanations. (Marks 4)

(iii) Write a note on Doctrine of Part Performance. (Marks 3)

6. (i) “The transfer which defeats or delays the interest of creditors is not an instrument which

prefers one creditor to another, but an instrument which removes property from the creditors

to the benefit of the debtor. The debtor must not retain benefit for himself. He may pay one

creditor and leave another unpaid.”

In the light of the above observation discuss the essentials of fraudulent transfer. Also

elaborate the rights of creditors and subsequent transferee. (Marks 5)

(ii) Discuss the meaning of the term ‘Right of Foreclosure’ and ‘Equity of Redemption’?

(Marks 5)

7. (i) “A mortgage is a transfer of an interest in specific immovable property as a security for

the repayment of a debt, but such interest itself is immovable property. The nature of the right

transferred depends on the form of mortgage.”

In the above context discuss how mortgage is a unique form of transfer of property. Also

explain the different kinds of mortgages giving special emphasis on:

a. difference between Mortgage by Conditional Sale & Condition with Repurchase

b. Mortgage by Deposit of Title Deeds (Marks 7)

(ii) “A lease is the outcome of the rightful separation of ownership and possession.” Explain

and discuss the essential features of the concept of leases. Also discuss the determination of

leases. (Marks 3)

*******

I.D. No.___________________



SEMESTER-VI

Administrative Law




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

a. What do you mean by ‘Finality clause’?

b. What is ‘Delegated legislation’?

c. What is writ of Mandamus?

d. What do you understand by ‘excessive delegation’?

e. State the effect of violation of ‘principles of natural justice’?

f. State the effect of imposing ‘fetters’ on the exercise of discretionary power?

g. What is Administrative Law?

h. What is object of writ of Habeas corpus and against whom it can be issued?

i. Differentiate between ‘directions’ and ‘rules’

j. What is Droit administratif?

2. Explain the doctrine of ‘separation of power’ and to what extent it has been incorporated in Indian

legal system. (Marks 10)

3. What do you mean by ‘Administrative Tribunals’? Discuss the constitutional status of

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

4. “In order to protect himself against the excess of organized power man has always appealed to

someone beyond his own creation, such someone could only be God and his laws, divine law or

natural law to which all temporal laws and actions must conform.”

In the light of the above statement discuss the principle of Audi Alteram Partem and its application in

India. Refer relevant case laws. (Marks 10)

5. “Judicial review is the basic feature of the Indian Constitution and therefore, cannot be abrogated

even by an amendment of the Constitution.”

In the light of the above statement discuss the importance of judicial review and its impact on rule of

law. Also refer relevant case laws. (Marks 10)

6. Discuss the evolution and development of the concept of contractual liability of the State in India

with the help of relevant judicial decisions. (Marks 10)

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

a. Sub- delegation.

b. Exceptions to Principle of Natural Justice.

c. Parliamentary control over delegated legislation.

*******

I.D. No.___________________



SEMESTAR-VIII & X

IPR-Geographical Indications (Hon. I&II)





(Marks 2×10=20)

a. What do you mean by the term ‘sui generis system of protection’ of geographical indication?

b. Distinguish between geographical indication and trade mark

c. What do you mean by ‘homonymous geographical indication’?

d. What is controversy regarding Article 23 of TRIPS?

e. What do you mean by the term ‘indication’ under the Geographical Indication Act, 1999?

f. Explain the term “Goods” as defined in Geographical Indication Act, 1999.

g. Briefly explain the term of protection available to registered GI and procedure of restoration.

h. What is the effect of registration of Geographical Indication? Whether registration is

mandatory under the 1999 Act?

i. Explain reasons behind protection of geographical indications.

j. What does Article 24.9 of TRIPS talk about?

2. “Indian legislation for the protection of geographical indication is considered as one of the best

legislation in the world.”

In the light of above statement, discuss the salient features of the Geographical Indication Act, 1999.

What according to you are weaknesses of the Act? (Marks 10)

3. (a) Discuss in detail the relationship between geographical indication and traditional knowledge with

suitable examples. (Marks 5)

(b) Discuss the present problems of GI and its future prospects. Give some suggestions for effective

protection of GI. (Marks 5)

4. Discuss in detail the law relating to prohibition or refusal of registration of certain indications as

Geographical Indication with the help of relevant provisions and decided cases, if any. (Marks 10)

5. What do you mean by the infringement of rights conferred by registration of geographical

indications? Discuss in detail the remedies available against the infringement with the help of

relevant statutory provisions and cases. (Marks 10)

6. What are the regulatory authorities under the Geographical Indication Act, 1999? Discuss in detail

the constitution and powers of Appellate Board as envisaged under the Act of 1999. (Marks 10)

7. Write short notes on any two of the followings: (Marks 5x2=10)

a. Conflict of GI with a prior mark.

b. Generic character and protection of GI.

c. Madrid Agreement, 1891.3

*******

I.D. No.___________________



SEMESTER-II

English Literature


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.


(Marks 2×10=20)

a. Elaborate the idea “Freedom and power bring responsibility” and also tell who said

this in his speech.

b. How do Della & Jim prove that love is above all?

c. What does Rudyard Kipling advice in the poem ‘If’?

d. How does Charles Lamb mingle humour and pathos in his essay “Dream Children: A

reverie”?

e. What do you think about Nightingale’s sacrifice and compassion?

f. How does Portia praise mercy in her ‘Speech on Mercy’?

g. Why does Lucas say that everybody at sometime is a bore? And who according to

him is a true bore?

h. Draw the character sketch of Sir Roger.

i. Explain with reference to context

As on the jag of a mountain crag

Which an earthquake rocks and swings.

An eagle alit one moment may sit

In the light of its golden wings.

j. What advice does Bacon give in ‘Of Studies’?

2. Write down the gist of the essay ‘On Saying Please’ and also tell if manners and

behaviour matter. (Marks 10)

3. In the poem ‘A Prayer for my daughter’ what does the poet wish for his daughter?

(Marks 10)

4. Write down the experiences of Edward Foreman. (Marks 10)

5. Critically analyze the poem ‘On Valediction Forbidding Mourning’. (Marks 10)

6. What does Nani A. Palkiwala Share in his convocation speeches? (Marks 10)

7. How does the poem ‘The Psalm of Life’ fill you with inspiration and noble action?

(Marks 10)

*******

I.D. No.___________________



SEMESTER-IV

Environmental Law





(Marks 2×10=20)

a. Why law is considered as a tool for environmental protection?

b. Define and explain ‘environmental pollutant’ as per the Environment (Protection)

Act, 1986.

c. What do you mean by the Principle of common but differentiated responsibility?

d. Discuss the concept of “information and assistance in environmental emergencies”.

e. Explain the aims and objectives of Stockholm Conference.

f. Which subjects were added and shifted in concurrent list of Seventh Schedule of

Indian Constitution by the 42nd Constitution Amendment Act?

g. Explain the principle of ‘locus standi’ and discuss the need of its relaxation for public

interest litigation?

h. Explain the concept of ‘public nuisance as environmental remedy’ under Criminal

Law.

i. Why the Environment (Protection) Act, 1986 is considered as a comprehensive and

umbrella legislation?

j. What is the composition of National Biodiversity Authority constituted under the

Biological Diversity Act, 2002?

2. “Earth Summit was intended to call attention to the environment as an urgent

international issue, and to agree on how to fix it. After this Conference the problem of

environment has come to be recognized as central to save this planet. However it failed to

achieve agreements on crucial environmental issues and to extract definite commitments

for financial help and technology transfer from the developed countries”.

In the light of above statement, discuss critically examine the achievements of the Earth

Summit. (Marks 10)

3. (a) Explain the significance of the principle of absolute liability in the protection of

environment. (Marks 5)

(b) What are the remedies available under the Law of Torts for combating pollution?

(Marks 5)

4. Discuss the constitution, composition, powers and functions of Central Pollution Control

Board, State Pollution Control Board and Joint Pollution Control Board as provided

under the Water (Prevention and Control of Pollution) Act, 1974. (Marks 10)

5. “In a modern welfare State, justice has to address social realities and meet demands of

time. It is well known and agreed fact that protection of environment throws up

innumerable challenges for a developing nation. It is not possible for Courts to rely

always on Directive Principles of State Policy and Fundamental Duties because of non-

enforceability. For recognizing various environmental rights as Fundamental Rights, the

Supreme Court started to interpret Article 21 so as to include all environmental rights

within the purview of Fundamental Rights.

In the light of above statement, discuss in detail the innovative role of Supreme Court of

India in the development of environmental jurisprudence. Substantiate your answer with

the help of decided cases. (Marks 10)

6. (a) Discuss the salient features of the Biological Diversity Act, 2002. (Marks 5)

(b) Discuss the powers which are given to Central Government under the Environment

(Protection) Act, 1986 for facilitating full implementation of the Act. (Marks 5)

7. Write short notes on any TWO of the following: (Marks5×2=10)

a. Precautionary Principle

b. Environmental Protection in Ancient India

c. Relevance of Johannesburg Conference

*******

I.D. No.___________________



SEMESTER-VI

Political Science (Major)





(Marks 2×10=20)

a. What is public policy and how is it different from Public administration?

b. How is Public Policy related with Governance?

c. What do you mean by ‘Statist’ approach to study of public policy?

d. What do mean by the Policy Subsystem?

e. ‘Free-rider’ problem is associated with which of the interest groups and how?

f. What is a Policy Think-Tank and how it is different from a Research Organization?

g. What is POSDCORB view of Organization?

h. Abraham Maslow’s Need Hierarchy Theory of Motivation?

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

j. What is Ex-Ante evaluation

2. “As a key instrument of governance, public policy affects each and every aspect of our

life.” In the light of the above statement discuss as to how public policy can help promote

good governance or improve the quality of governance? (Marks 10)

3. “In an executive-centered era of government, the executive plays a dominant role in

policy formulation.” Substantiate the statement in the light of parliamentary system of

government practiced in India. (Marks 10)

4. “Though their participation in the policy process is not ordained by the Constitution or

any other law, unofficial actors play an important role in shaping many of the public

policies of a country.” Substantiate. (Marks 10)

5. Write an essay on the politics of policy formulation and implementation drawing suitable

examples from India’s experience with democratic governance over the last six decades.

(Marks 10)

6. “Effective policy making must be a learning process which involves finding out from

experience what works and what does not and making sure that others can learn from it

too...” Critically examine the statement outlining the importance of policy evaluation in

the policy process. (Marks 10)

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

a. Role of Bureaucracy in Policy Formulation

b. Henry Fayol’s ‘Fourteen Principles of Management”

c. Dynamics of Policy Implementation

*******

I.D. No.___________________



SEMESTER-VI

Economics (Major)





(Marks 2×10=20)

a. Mention four differences between domestic and international trade.

b. What are community indifference curves?

c. What is the major criticism of GATS in terms of developing countries?

d. Why income terms of trade fails to measure the gain or loss from international trade?

e. IDA provides ‘soft loans’ to LDCs on certain terms. Mention the terms.

f. What do you understand by ‘National Treatment’?

g. What is the significance of offer curves in international trade theories?

h. What is the fundamental difference between BOP and business accounting?

i. Explain the term ‘Portfolio Investment’.

j. ‘The Secretariat of WTO is headed by the Director General’. List the functions of the

Director General.

2. “WTO is not an extension of GATT but successor to GATT which came into being to

administer the new global trade rules.” In the light given statement

a. Discuss why WTO is regarded as the successor to GATT. (Marks 2)

b. Outline its various objectives and functions. (Marks 8)

3. What is foreign exchange rate? Explain the determination of equilibrium exchange rate in

free market system. (Marks 10)

4. “India’s problem of deficit in its annual financial statement of foreign trade must be solved

by long-term borrowings and imposition of devaluation.” In context of the given statement

a. Construct the pro-forma of BOP statement of India’s foreign trade showing and

explaining all the principal items. (Marks 8)

b. Analyze the efficacy of devaluation of currency to overcome the problem of deficit.

(Marks 2)

5. What changes and reforms have occurred in the International Monetary System?

(Marks 10)

6. “The World Bank is one of the world’s largest sources of developmental assistance.” In

context of the given statement

a. Discuss various lending and developmental activities of the World Bank for

developing countries like India. (Marks 7)

b. Where does the World Bank get its money from? (Marks 3)

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

a. International Finance Corporation

b. Uses and Criticisms of SDRs

*******

I.D. No.___________________



SEMESTER-VI

Sociology (Major)





a. What is Stockholm syndrome

b. What agencies investigate white-collar crime in India?

c. Characteristics of juvenile Delinquency

d. What should I do if indicted on a white- collar charge?

e. Howard Becker - types of Delinquency

f. Reformatory Schools -Beccaria’s Classical Explanation on Crime

g. Approaches to Crime Causation

h. What is Victim Facilitation

i. Define briefly Working Class- Boy and Middle- Class Measuring Rod

j. Explain Victimization and effect on Victims

2. Are defendants in white collar crime cases treated any differently than other defendants?

How does the prosecutor decide which cases to pursue? (Marks 10)

3. Today, lawmakers and the public appear to be having second thoughts about a justice system

in which age and immaturity often are ignored in calculating criminal punishment. Explain

the statement regarding the Juvenile Justice System in India. (Marks 10)

4. How do criminologists determine how much delinquency there is, whether some factor

like "broken homes" causes delinquency, or whether some policy like imposing a curfew

reduces delinquency? Elucidate the statement with your points. (Marks 10)

5. “The panopticon was destined to spread throughout society. It makes power more

economic and effective. It does this to develop the economy, spread education and

improve public morality, not to save society. The panopticon represents the subordination

of bodies that increases the utility of power while dispensing with the need for a prince”.

Critically explain the thought regarding the modern view of Punishment. (Marks 10)

6. People from all walks of life may come to their own conclusions: Lawyers, judges, and

jurors have their own answers. But those of us who work in criminal justice cannot be

satisfied with partial or unscientific answers. If we want to prevent crime, we have to

determine precise reasons for a person’s turning to crime in the first place. For this we

need good explanations and theories of criminology. Support your answer with the

theoretical insight and examples. (Marks 10)

7. Sometimes government officials and even heads of state are the perpetrators of crimes. Is

there a difference if a crime is committed by an official and justified as necessary for

national defense? Why or why not? Is it ever justified for a military or intelligence

agency to violate its own country’s laws? (Marks 10)

*******

I.D. No.___________________



SEMESTER-VIII & X

T&I-International Commercial Law





(Marks 2×10=20)

a. CPT and CFR Contracts

b. CIP and CIF Contracts

c. New Lex Mercatoria

d. Illegality of contract under UNIDROIT

e. Contra proferentem rule

f. Montreal Convention on Carriage by Air

g. Doctrine of force-majeure

h. Revocable and Irrevocable Letter of credit

i. Rotterdam rules

j. Advising Bank and issuing Bank

2. “Both in history and in the present, we find a law merchant in the sense of a commercial law that

transcends boundaries and is in that sense transnational. Although an anational law merchant

would be theoretically possible, the true lex mercatoria we are currently observing is not such an

anational law. Rather, it is an emerging global commercial law that freely combines elements

from national and non-national law. This transnational law presents a far more radical challenge

to traditional state based conceptions of law than the idea of an anational law. It makes the

distinction between anational law and state law that permeates the debate over law merchant

simply irrelevant by transcending it. The true lex mercatoria marks the shift in global law from

segmentary differentiation in different national laws to a functional differentiation. In fact, Law

of merchants is now undergoing through the process of renaissance and codification”

In the light of above Statements, discuss the merits and demerits of lex mercatoria and its

relevancy in the 21st century. (Marks 10)

3. a. A (supplier) and B(buyer) entered into and International commercial contract to be governed

by UNIDROIT-PICC. During the continuance of the performance i.e. supply of goods, A has

repeatedly accepted claims from B about the defects in quality and quantity of goods as much as

two weeks after their delivery. However on one day, when B gives another notice of defects in

the supplied goods after a fortnight, A refuses to accept the claims on the ground that as per the

terms of their contract notice of defect must be given within seven days after the supply of goods.

Mr. comes to you for legal advice on this issue. Give him the advice about any remedy available

to him under UNIDROIT-PICC (Marks 4)

b .Discuss the rules relating to the interpretation of contracts under UNIDROIT-PICC.

(Marks 6)

4. a. In the last 80 years the International regulatory of carriage of goods by sea has undergone a

considerable change and improvisation. Every successive convention has resulted into a landmark

enrichment of the previous rules and conventions. Hague rules has been revised and updated in

Hague-visby which has been further improvised by Hamburg and Rotterdam rules” discuss.

(Marks 6)

b . A, a forwarding agent enters into a two year shipping contract with B, a carrier. Under the

contract B is bound to ship certain goods from country X to country Y at a fixed rate, on monthly

basis throughout the two year period. one year later, alleging a substantial crisis in the price of

fuel in the after math of political crisis in the region, B requests a five percent increase in the rate

otherwise he will be having no option but to terminate the contract. Is B entitled to do so? How?

If not then what other remedies if any are available to B? (Marks 4)

5. “United Nations Conventions on contracts for International Sale of Goods have undoubtedly been

a milestone in the journey of harmonisation of Principles of International Commercial Contract.

Nevertheless, UNCISG has been vehemently criticised on the ground of being incompetent and

less comprehensive. Owing to these Criticisms, India has so far abstained from its ratification.

However the economic and political equations of the world have changed a lot in the last couple

of decades and therefore there are plenty of reasons available which may logically motivate India

for adhesion of UNCISG.” Discuss (Marks 10)

6. (a) In October, a French company (seller) and a Shanghai company (buyer) have set upan FOB

contract of selling 200 sets of electronic computers (1000 USD each), and the payment shall be

made according to the irrecoverable letter of credit. And the delivery should be made on

December at Port de Marseille. On November 15, Bank of China Shanghai Branch (issuing bank)

made a $ 200,000 irrevocable letter of credit according to the instruction of the buyer and

commissioned a French bank in Marseille to notify and negotiate this letter of credit. On

December 20, the seller loaded the 200 computers on board and got the bill of lading, insurance

policies, invoices and other documents as required by the letter of credit. And then it went to the

Marseille bank for negotiation. Upon review, the documents are consistent; therefore the bank

had paid $ 200,000 immediately to the seller. At the same time, 10 days the cargo ship left the

harbor of Marseilles, the cargo, along with all the goods, sank into the sea in a heavy storm. By

that time the issuing bank had received the whole set of the documents and the buyer had already

known the total loss of the goods. Bank of China Shanghai Branch intends to reimburse the

negotiating bank to pay the purchase price of $ 200,000 on the grounds that its customers can not

expect the goods. The negotiating bank refused to reimburse the amount and went to the

arbitration tribunal. You have been appointed as the sole arbitrator in order to decide the

following questions:

• When would the risk of the consignment be transferred from the seller to the buyer?

• Whether Issuing bank and the buyer can be exempted from the payment obligations due

to the total loss of the goods. If so, on what basis?

• How to compensate the loss of the buyer? Decide. (Marks 5)

(b ) On July 10, a foreign trade company in India has signed a sales contract (CIF) worth 150,000

USD with foreign investors in UK and the payment shall be made through irrevocable letter of

credit. The contract provided that goods should be shipped out in August. On July 28, Bank of

Baroda informed the company that it had received letters of credit from the other parties issued by

Imperial Bank of UK. During Scrutiny it has also been found that the letter of credit terms and

the terms of the contract are consistent with each other. However, before shipment, the Indian

company (seller) received a modification of the letter of the credit asking the seller to make the

shipment before August 15. As the trade company has booked a liner to sail on August 25 and

temporary change procedures are cumbersome, the modification of the letter has been ignored

and it had made the shipment and started the negotiation for the payment according to the original

letters of credit. It also submitted the full set of documents to the advising bank i.e. Bank of

Baroda. But the issuing bank refused to pay on the grounds that the Shipping documents are

inconsistent with the modification of the letter of the credit.

Decide on the basis of the legal reasoning whether the issuing bank has the reason to refuse

payment. (Marks 5)

7. Discuss the obligations of Seller and buyer under UNCISG. (Marks 10)

*******

I.D. No.___________________



SEMESTER-II

Law of Contract-II





a. Who is ‘del credere’ agent?

b. When does the liability of Indemnifier commence?

c. Who is a nominal Partner?

d. What is meant by Agency by Estoppel?

e. What do you understand by Lien?

f. What is continuing guarantee?

g. Who is a finder of lost goods?

h. Difference between bailment and pledge?

i. What do you understand by ‘mutual agency’?

j. What do you mean by ‘constructive delivery’ of goods?

2. (a) ‘The liability of a surety is secondary and co-extensive with that of the principle

debtor,’ comment. (Marks 6)

(b) ‘X’ advanced to ‘Y’ a minor, Rs. 50,000/- on the guarantee of ‘Z’. On demand for

repayment, ‘Y’ pleads minority. Can ‘X’ recover the amount form ‘Z’. Give your answer

with reasons. (Marks 4)

3. (a) What is an Agency? What are the modes under which an Agency is created? (Marks 5)

(b)“Delegatus non potest delegare”. What are the exceptions to this rule? (Marks 5)

4. (a) A, B and C are partners in a trading firm. ‘A’, without the knowledge or consent of

‘B’ and ‘C’, borrowed Rs. 50,000/- from ‘D’, a customer of the firm, in the name of the

firm. ‘A’ then buys some goods for his personal household use with that borrowed

money. Can ‘D’ hold ‘B’ and ‘C’ liable for the loan? Give your answer with relevant

provisions of the Partnership Act, 1932. (Marks 5)

(b) Whether Registration of Firm is mandatory in India? What are the disadvantages of

Non-Registration of a Firm? (Marks 5)

5. What do you understand by contract of guarantee? How does the contract of guarantee

differ from the contract of Indemnity? (Marks 10)

6. Ram gives his watch to Shyam to be used for six days during examinations. Shyam keeps

the watch for a week. While going to Ram’s house to return the watch, Shyam accidently

slips and the watch is badly damaged. Decide, who will bear the loss and why? Give your

answer with relevant provisions and talk about the duties of bailee. (Marks 10)

7. Write short notes on any two of the following:- (Marks 5x2=10)

a. “Nemo dat quod non habet” and its exceptions

b. Rights of pawner and pawnee

c. Distinguish between Sale and Agreement to Sell

*******

I.D. No.___________________



SEMESTER-IV

Public International Law





(Marks 2×10=20)

a. Contiguous Zone and Continental Shelf

b. De facto and De Jure Recognition

c. Features of Monistic and Dualistic Theory

d. Embargo and Pacific Blockade

e. Freedoms on High Sea

f. Recognition of Belligerency and its effects

g. State Responsibility and its types

h. Jus Cogens and Rebus Sic Stantibus

i. Reservations in Treaty

j. Retortion and Reprisals

2. (a) Piyagu is a territory in the country of Congo. After years of revolt Piyagu got

independent from Congo in January 2013 and became a new state named the Republic of

Piyagu. Prior to the formation of the Republic of Piyagu, Congo had taken a loan of

$500000 from World Bank and had spent 40 % of the amount for the development of

roads and transportation in Piyagu territory. Discuss on the basis of relevant international

law principles whether the newly formed state, the Republic of Piyagu is liable to repay

the debt. (2 Marks)

(b) In 2011, a company Maxwell Inc. had approached the Congo Supreme Court

challenging the cancellation of a license for gold mining in the territory of Piyagu. In

December 2012, the Congo Supreme Court had awarded $15000 to Maxwell Inc. in the

case filed by them. In January 2013, the Republic of Piyagu was formed. The

Government of Congo refused to provide the compensation to Maxwell Inc. Discuss on

the basis of relevant international law principles whether Government of Congo is liable

to provide such compensation. (2 Marks)

(c) Discuss the effect of State Succession on the Treaties, Archives and State Property.

(6 Marks)

3. (a) “A treaty is applicable only to the parties of such treaty. However there are various

circumstances under which a treaty can be made applicable to another state which is not a

party to such treaty” – Explain. (21/2 Marks)

(b) Discuss the law and practice relating to making of a treaty. Explain the various ways

in which a treaty can be invalidated. (7 ½ Marks)

4. (a) A beauty contest was going to be held in Delhi. Some of the political party leaders

objected to this contest and campaigned all over Delhi to cancel the contest. On the day

of contest the workers of different political parties staged a protest outside the venue. The

protest soon become violent and some workers entered the venue and attacked foreign

tourists who were watching the contest. As a result two Canadian tourists were seriously

injured and died- Discuss whether Indian Government is liable for this incident under

International Law. (2 Marks)

(b) Explain the Concept of State Jurisdiction under International Law. Discuss in detail

the law relating to civil and criminal jurisdictions of State under International Law.

(8 Marks)

5. (a) Mr. John, a Canadian national committed murder in Canada and ran away to Russia.

He then sought asylum from Indian Embassy situated in Russia. Canada objected the

grant of asylum by Indian Embassy. Discuss whether Indian Embassy can legally grant

an extra territorial asylum to Mr. John. (3Marks)

(b) What do you meant by Nationality? What are the ways in which a person can acquire

and lose nationality under International Law. (7 Marks)

6. (a) Mrs. Catherine, who was Foreign Ambassador in India, had appointed Mrs. Nirmala

as a maid in her home. However, Mrs. Catherine did not provide minimum wages to Mrs.

Nirmala and also ill-treated her. Mrs. Nirmala approached Delhi police with a complaint.

Explain with the help of relevant international law provisions, whether the Delhi police

can continue with the compliant filed by Mrs. Nirmala. (2Marks)

(b) What are the different categories of Diplomatic Personals and explain their functions,

privileges and immunities. (8 Marks)

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

a. Extradition

b. The practice of India with respect to incorporation of treaty international law.

*******

I.D. No.___________________



SEMESTER-VI

Corporate Law-II





(Marks 2×10=20)

a. What do you mean by ‘Share Exchange Ratio’?

b. Distinguish between Winding up and Dissolution?

c. What do you mean by Corporate Citizenship?

d. How does Dissolution differ from Insolvency?

e. What do you mean by Nominee Director?

f. Explain ‘oppression and ‘mismanagement’.

g. What do you mean by ‘Acquisition’?

h. Who are ‘Contributories’?

i. What are the basic principles of Corporate Governance?

j. What do you understand by ‘Principles of Non –Interference’?

2. (a) A restructuring wave is sweeping the corporate sector the world over, taking within

its fold big and small entities, comprising old economy business conglomerates and new

economy companies as well. Mergers, amalgamation, acquisitions, and consolidation

have become an integral part of the new economic paradigm.

Do you agree? In the light of the above statement, discuss the meaning, relevance and

extent of the terms ‘Merger’ and ‘Amalgamation’? Explain the different kinds of

Mergers and discuss the economic aspects and benefits and needs arising out of such

schemes of M&A. (Marks 5)

(b) What do you mean by ‘Voluntary Winding up’ and briefly talk through the

consequences of voluntary winding up upon the status of company and BOD? Establish

the point of contrast between Members and Creditors Voluntary winding up. Mention

relevant provisions of law. (Marks5)

3. (a) Section 391 & 392 is a boon for corporate restructuring particularly in the current era.

This section is wide enough to include any reasonable compromise and arrangement and

as a matter of fact, advantage has been taken of this section to carry through schemes of

the most varied nature. These sections along with Sec 394 have proved to be a major

legislative blessing for the schemes related to mergers and amalgamations.

Justify the above statement. Discuss the meaning of the terms ‘Compromise’,

‘Arrangement’, ‘Class of Members & Creditors’. Critically analyse the scope and

importance of theses sections. Support your answer with case laws. (Marks 5)

(b) Wellington Co. Ltd was incorporated for the purpose of manufacturing sewing

machine tools, threads and other implements of like nature. It spent a substantial part of

its subscribed capital on fixed assets. Moreover it borrowed a sum of 20 lakhs from a

bank for providing working capital. As Wellington was unable to pay back this loan

otherwise, the stock-in-trade, plant and machinery along with the other fixed assets of the

company were sold out in execution of a decree obtained by the bank, leaving no surplus

of the company.

Would it be just and equitable for the company to wind up? What do you mean by the

term ‘substratum’ and what are the factors that determine it? Briefly discuss the

circumstances that may be acceptable or unacceptable to the Court in passing an order

under this ground. Refer case laws. (Marks 5)

4. (a) The idea of corporate social responsibility although not a recent one, is most certainly

a contemporary one, with debates raging like wildfire about it. What exactly is it? What

is its relevance? How can it be actually implemented? In the wake of its evolution at the

international level it has left a mighty trail indeed. From OECD to UN Global Compact to

European Union, in almost all the nations there are tale tale evidences of the

manifestation of CSR. As far as India is concerned after several rounds of debates and

discussions at every level we finally gave it a statutory recognision under the New

Companies Act.

With respect to the above context discuss the concept, importance, need of CSR in India.

Also discuss the statutory provision as far as New Companies Act, 2013 is

concerned. (Marks 5)

(b) Write a note on the status, appointment and functions of the Official Liquidator.

(Marks 5)

5. In today’s business environment, when corporate governance has assumed immense

significance and is important for sustainability, it is crucial for corporates and

stakeholders to understand the rationales behind corporate governance principles, what

would be the adequate mechanism to implement the same, and the benefits which accrue

to companies that have a sound system of governance in place.

Justify the above statement. Discuss the concept, evolution and benefits that arise out of

corporate governance. Justify how corporate governance aims at achieving business

excellence. (Marks 10)

6. “Winding up brings about an end of the legal existence of a company. It affects not only

the status of the company, but also the rights of the shareholder, contributories, creditors

and employees of the company.” Examine the above statement and discuss how winding

up affects the rights and liabilities of the above parties. In doing so, discuss the different

grounds for compulsory winding up giving special emphasis on scope the terms ‘Failure

to commence business’ and ‘Inability to pay debts’ . Refer some case Laws. (Marks 10)

7. Write Short notes on: (Marks 5x2=10)

a. Persons who can file a winding up petition under the provisions of Companies Act, 1956

b. Commencement of winding up

*******

I.D. No.___________________



SEMESTER-VIII & X

CG-Fundamental Rights and Its Enforcement





(Marks 2×10=20)

a. Locus Standi

b. Ex Post facto Laws

c. Doctrine of Self Incrimination

d. Hicklin’s Test

e. Differentiate between Criminal Contempt and Civil Contempt

f. Pre Censorship

g. Application of Doctrine of Eclipse in Post- Constitutional Cases

h. Secularism

i. Whether Judiciary comes within the meaning of ‘State’

j. Reasonable Classification

2. Explain the concept of "minority" under Article 30 of the Constitution of India. What

is the extent of rights of minorities to administer their institutions? Can minority

status be conferred by legislation? (Marks 10)

3. "The right to freedom of religion is not an absolute right but it includes right to keep

silence and propagate religion without allurement and coercion."

Examine the above statement in the light of constitutional provisions and judicial

pronouncements. (Marks 10)

4. Has the Constitution of India any provision to decide as to who belongs to Scheduled

Caste, Scheduled Tribe or socially and educationally backward class? Is the

reservation permissible to all the above castes/classes in initial appointments as well

as in promotions? Discuss with relevant case laws. (Marks 10)

5. Explain the concept of "law" under Article 13 and "procedure established by law"

under Article 21 of the Constitution of India. Refer to decided cases. (Marks 10)

6. Does the press enjoy freedom of speech and expression under the Constitution of

India as a citizen? By a government's notification, the newspaper undertakings were

restrained from publishing newspapers with more than 15 pages and containing more

than 20% space for advertisements. Is the law valid under Article 19(1) (a) of the

constitution? Explain with the help of decided cases. (Marks 10)

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

a. Double Jeopardy

b. Punitive Detention

*******

I.D. No.___________________



SEMESTER-II

Economics (Minor)


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.


(Marks 2×10=20)

a. State four factors affecting cropping pattern in Indian agriculture.

b. Mention the various sources of public revenue.

c. What do you understand by ‘State Forest’?

d. What are the advantages of co-operative farming?

e. Explain the term ‘Industrial Dispute’.

f. What are the functions of RBI?

g. What are the salient features of Forest Policy 1988?

h. What do you understand by Public Expenditure?

i. Mention the composition of India’s foreign trade.

j. Mention the guidelines of SEBI regarding merchant bankers.

2. Discuss how marketing of agricultural commodities has been promoted through a

network of regulated markets. (Marks 10)

3. “In India, SSIs have emerged as a vibrant and dynamic component of the economy by

virtue of their significant contribution to economic growth.” Substantiate the given

statement. (Marks 10)

4. Examine the importance of comprehensive assessment of the magnitude and causes of

industrial sickness in combating the problem of sickness in Indian industries.

(Marks 10)

5. Do you agree that the Industrial Policies in India has helped India to maintain a

sustained growth and attain international competitiveness? Present proper facts and

points to support your opinion. (Marks 10)

6. “Indian infrastructure makes a substantial contribution towards the economic

development and the PPP model in infrastructure has helped in enhancing the quality

of Indian infrastructure.” Elucidate the given statement. (Marks 10)

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

a. Structure of Indian Economy

b. Iron & Steel Industry

c. Financial Market in India

*******

I.D. No.___________________



SEMESTER-IV






(Marks 2×10=20)

a. Sources of the British Constitution

b. Powers of the Lord Chancellor in Britain

c. Functions of the U.S. Vice-President

d. Features of the U.S. Judicial System

e. Fundamental Duties of Chinese Citizens

f. Powers of the Chinese Premier

g. Rule of the Law in Switzerland

h. Swiss House of Representatives

i. Powers of the Governor General of Australia

j. Jurisdiction of the High Court of Australia

2. “There are many subtle distinctions in the vernacular of the British government but

none more vital than the distinction between the king and the crown, between the

Monarch as a person and the Monarchy as an institution”. In the light of this

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

discuss the powers of the Crown. (Marks 10)

3. “The vast powers of Patronage and near absolute power to remove key officials, his

suspensory veto and pocket veto, his status as the national leader and his control over

his party, all combine to make the U S President a total figure which overshadows all

other political institutions and offices”. Examine this by explaining the Power and

Position of the U S President. Critically examine the statement. (Marks 10)

4. “As the final interpreter and guardian of the constitution, the fundamental rights and

freedom of the people of the United States, the Supreme Court plays a key role in the

US Political System”. Examine. (Marks 10)

5. Explain the Salient Features of the 1982-Constitution of the People’s Republic of

China. (Marks 10)

6. “The Swiss Federal Government is the Custodian of the executive power of the

federation”. Discuss the organization, powers and position of the Swiss Federal

council. (Marks 10)

7. “The Australian Parliament possesses all such powers as are possessed by the

parliaments in parliamentary democracies”. Discuss the organization and relations

between the houses of Australian Parliament. (Marks 10)

*******

I.D. No.___________________



SEMESTER-IV

Economics (Major)





(Marks 2×10=20)

a. Discuss problems of Indian agriculture in India

b. Explain Inclusive Growth

c. Describe role of small industries sector in economic development in India

d. Throw light on capital market in India.

e. Discuss problems of poverty in India.

f. What are general objectives of Indian planning?

g. Discuss causes of recent inflation in India.

h. Discuss land reforms in India

i. What are Monitor able targets in 12th five year plan?

j. What are mineral resources in India?

2. While highlighting major achievements of India in economic field in recent years,

discuss challenges which Indian economy is currently facing. (Marks 10)

3. State circumstances of introduction of new economic reforms in 1991 and

explain impact of these reforms on Indian economy. (Marks 10)

4. What do you mean by Industrial Sickness? What are its causes and also discuss

remedial measures initiated by the Government. (Marks 10)

5. Discuss present banking system in India. Explain role of Reserve Bank of India

in the banking system of the country. (Marks 10)

6. Using Census 2011 data, discuss demographic features of India. Also explain role

of human resources in economic development. (Marks 10)

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

a. Features of Indian economy

b. Human development Index

c. Regional disparity in India

*******

I.D. No.___________________



SEMESTER-IV

Sociology (Major)





(Marks 2×10=20)

a. What is Development discourse in Sociology and its importance in society?

b. Briefly explain the functionalist theory of social change.

c. Write a short note on changing paradigms of development.

d. What are the prominent features of Samir Amin’s Dependency Theory?

e. Consequences of Capitalist path of development?

f. What are the functions of NASSCOM?

g. What is the cultural logic of Globalization?

h. Point out some important factors of Third World underdevelopment.

i. Define Growth, Development and Progress in the light of Globalization.

j. What is the relationship between modernization and globalization?

2. “Change, not as something that disturbs the social equilibrium; but as something that

alters the state of equilibrium so that a qualitatively new equilibrium results-Talcott

Parsons”. Discuss the statement in reference to contemporary society. (Marks 10)

3. The World System negates the significance of national boundaries and those countries

are structured into the metropolitan-satellite relationship. This relationship exist not

only between the rich metropolitan countries of the West and poor satellite countries

of the World but within the country too where the hinterland supplies the materials to

the city and is exploited. Discuss with facts and examples. (Marks 10)

4. The Indian information and communication technology (ICT) industry has witnessed

excellent growth in the past two decades. Capitalizing on its advantages of talent pool,

lower cost of operation and the innovative remote delivery model, India has

established itself as a global leader in the ICT sector. Support your answer with

relevant data. (Marks 10)

5. Human development is the expansion of freedom and capabilities of people have to

lead lives they value and reason to value. Discuss the above statement with suitable

examples. (Marks 10)

6. What is e-governance? Discuss its objectives, importance and demerits. (Marks 10)

7. “Globalization expands the opportunities for unprecedented human advance for some

in one hand and on the other it weakens the State sovereignty.” Critically explain the

statement in the light of developed and under developed countries. (Marks 10)

*******

I.D. No.___________________



SEMESTER-VI

Alternative Dispute Resolution





(Marks 2×10=20) a. What are the provisions relating to number of conciliator as per the

Arbitration and Conciliations Act, 1996?

b. How conciliation proceeding is terminated under the Arbitration and

Conciliations Act, 1996?

c. What does section 5 of the Arbitration and Conciliations Act, 1996 talk

about?

d. What do you mean by UNCITRAL model?

e. What do you mean by Doctrine of Severability?

f. What is the difference between ‘arbitration’ and ‘conciliation’?

g. What are advantages of Lok Adalat system?

h. Define arbitral award?

i. What is section 89 of the Civil Procedure Code, 1908 and state its relevancy

in alternative dispute resolution?

j. What are the different forms of alternative dispute resolution mechanism?

2. Discuss the provisions related to commencement and termination of conciliation

proceeding. Also discuss the appointment procedure and role played by the

conciliator? Refer to the relevant statutory provisions. (Marks 10)

3. Discuss in detail the remedies available to the aggrieved party against arbitral award

made by arbitral tribunal as per the Arbitration and Conciliation Act, 1996?

(Marks 10)

4. What do you mean by Competence-competence doctrine in the light of UNCITRAL

Model Law? How far this doctrine has been incorporated in the Arbitration and

Conciliation Act, 1996? (Marks 10)

5. What is the relevance of arbitration agreement in arbitration proceedings? Discuss the

essential elements of arbitration agreement. Refer to relevant case laws. (Marks 10)

6. Explain the need for ADR in general in the context of delay in dispensation of justice?

(Marks 10)

7. In the light of statutory provisions of the Arbitration and Conciliation Act, 1996

Discuss the statutory provisions relating to conduct of arbitral proceeding in brief.

(Marks 10)

*******

I.D. No.___________________



SEMESTER-VIII

Drafting, Pleading and Conveyancing





(Marks 2×10=20)

a. In what circumstances court can make Suo-motu amendments in the Pleadings of

the Parties?

b. What is the limitation period for filing written statement (W.S.)? If within that

time period W.S is not filed then upto what extent it can be extended by the

Court?

c. Co-Plaintiff and Co-Defendant

d. Res sub Judice

e. Complaint

f. Sale

g. Mortgage

h. Explain the grounds where no Appeal shall lie from original decree

i. Difference between return of Plaint and rejection of Plaint

j. Anticipatory Bail

2. Draft a Plaint for Specific Performance of Contract. (Facts should be imagine as per

your Perceptions). (Marks 10)

3. Draft a Petition by wife against Husband asking for Divorce on the ground of cruelty

under The Hindu Marriage Act, 1955. (Facts should be imagine as per your

Perceptions). (Marks 10)

4. Draft a Mortgage Deed (Marks 10)

5. (a) Discuss the Particulars of Pleadings (Marks 5)

(b) What is written statement? Discuss its essentials. (Marks 5)

6. (a) Draft Memorandum of First Appeal. (Facts should be imagine as per your

Perceptions). (Marks 5)

(b) On what grounds second appeal shall lie in court? Explain (Marks 5)

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

a. Law on Registration with respect to Sale deed and Gift deed

b. Injunction

*******

I.D. No.___________________



SEMESTAR-X

Professional Ethics





(Marks 2×10=20)

a. What is reciprocity? Explain.

b. Who may be called “Law graduate”?

c. What procedure is to be adopted for getting the name transferred from one

state Bar Council to another?

d. Who is called senior advocate and why?

e. Mention about right of pre-audience

f. Mention the object and scope of the Advocates Act, 1961.

g. What are the contents of certificate of enrolment?

h. What are seven lamps of advocacy?

i. Mention qualification and disqualification for enrolment.

j. Why Supreme Court and High Court are known as court of records?

2. Is Bar Council of India a body corporate? Discuss with relevant cases.

(Marks 10)

3. Discuss the functions of Bar Council of India and State Bar Councils.

(Marks 10)

4. Contemplate on procedure for giving punishment to an advocate for

professional misconduct. What do you mean by professional misconduct?

Refer cases also. (Marks 10)

5. “Bench and Bar are two wheels of administration of Justice”.

In the light of above, discuss the role played by Bench and Bar in smooth

conduct of Judicial system in India. (Marks 10)

6. Mention the categories of contempt of Court as mentioned in Contempt of

Court Act, 1971. Does subordinate judiciary have power to punish for

contempt of Court? (Marks 10)

7. Discuss the power of Central Government and Bar Council of India to make

rules as per provisions of the Advocates Act, 1961. (Marks 10)

*******

I.D. No.___________________



SEMESTER-II






(Marks 2×10=20)

a. Influence of Socrates on Plato

b. Platonic Justice

c. Aristotle’s views on Citizenship

d. Aristotle’s views on Slavery

e. Machiavelli’s views on Politics and Religion

f. Hobbes on Rights and Liberties

g. Locke’s views on ‘State of Nature’

h. Philosophical influences on Mahatma Gandhi

i. J S Mill’s Concept of Liberty

j. Jawaharlal Nehru as an Internationalist

2. “A close look at Machiavelli’s political ideas gives an impression that he was more of a

practical politician than a political philosopher.” Substantiate. (Marks 10)

3. “Rousseau’s Sovereign is Hobbes’ Leviathan with its head chopped off.” Substantiate the

statement in the light of the absolute powers Rousseau granted to the ‘General Will’ in

comparison to those of the ‘Leviathan’ of Hobbes. (Marks 10)

4. Critically examine Bentham’s Utilitarian Philosophy of ‘Greatest Happiness of the Greatest

Number.’ (Marks 10)

5. Discuss in detail John Stuart Mill’s contribution to political philosophy and its

contemporary relevance. (Marks 10)

6. Critically examine Gandhi’s views on ‘Non-violence’, ‘Satyagraha’ and ‘Swaraj’ and

outline its significance in the contemporary political scenario in the world. (Marks 10)


a. Aristotle’s views on Distributive Justice

b. Locke’s views on ‘Constitutional Monarchy’

c. ‘Democratic Socialism’ of Jawaharlal Nehru

*******

I.D. No.___________________



SEMESTER-IV

Labour Law-I





(Marks 2×10=20)

a. Explain ‘collective bargaining’

b. Define” Trade Union” under Trade Union Act, 1926

c. Explain the term ‘Posting of standing orders’

d. Explain “employer” under ID Act, 1947

e. Discuss ‘dominant test’ laid down in case of Bangalore water supply and sewerage board

v. A. Rajappa.

f. Define “Industry” under ID Act, 1947

g. Discuss about reference of disputes to Boards, Court or Tribunals under ID Act, 1947

h. Powers of the Registrar of Trade Unions under the Trade Unions, Act, 1926

i. Discuss the power of the Appellate court under Trade Union Act, 1926

j. Discuss the sovereign functions of the state

2. (a) What are the circumstances under which an ‘individual dispute’ may become an

‘industrial dispute? (Marks 05)

(b) Are the following have been considered ‘Industry’ under section 2(j) of the Industrial

Disputes Act, 1947? Give reasons for your answer with the help of decided cases.

i. A Statutory Corporation

ii. Government Departments

iii. Local Bodies (Marks 05)

3. (a) Discuss with the help of decided cases, one of the essentials of strike i.e. “must have

been acting in combination” as provided under section 2(q) of I D Act, 1947. (Marks 05)

(b) Discuss the provisions of Industrial Dispute Act, 1947 regarding penalty in cases of

illegal strike and lockout. (Marks 05)

4. “All retrenchment is termination of service but all termination of service may not be

retrenchment.” Critically examine the above statement with the help of relevant provisions

and case laws. (Marks 10)

5. (a) Who is a workman under Section 2(S) of the Industrial Disputes Act, 1947? Also

explain about category or persons who have been excluded from the above definition?

(Marks 03)

(b) Discuss the test for determining any combination as Trade Union. (Marks 03)

(c) “Retrenchment excluded punishment inflicted by way of disciplinary action.” Critically

examine the above statement with the help of relevant cases. (Marks 04)

6. Discuss the provisions with regard to the privileges and immunities of a registered Trade

Union. Is registration of Trade Union is compulsory? (Marks 10)


a. National Tribunal

b. Standing orders

c. Conciliation officer

*******

I.D. No.___________________



SEMESTER-VI

Intellectual Property Rights





a. What is fair dealing in copyright?

b. What do you mean by honest and concurrent user of trademark?

c. What do you mean by Well- known trademark?

d. Who will be considered first and true inventor while granting patent?

e. Write a brief note on assignment of copyright.

f. What is the importance of priority-date in grant of patent?

g. Narrate objectives behind protection of Geographical Indication.

h. Explain process patent and product patent.

i. Write a brief note on ‘work of sculpture’.

j. What are neighbouring rights?

2. What is trade mark? Explain absolute grounds of refusal of trademark. In which

circumstances two or more than two person may be authorized to use similar trademark?

Explain. (Marks: 1+6+3)

3. “The justification for award of compensatory damages is to make up for the loss suffered by

the plaintiff and the rationale behind granting punitive damages is to deter wrong doer. Even

injunction is granted by court to avoid irreparable loss to the plaintiff.”

In the light of above statements discuss civil remedies available to plaintiff under Copyright

Act, 1957. (Marks 10)

4. What are criterions to get patent on an invention? When an invention cannot be patented?

(Marks 6+4)

5. What do you mean by the term patent? Discuss in detail the procedure of registration of

patent under the Patent Act, 1970. (Marks 2+8)

6. (a) “A man is not allowed to sell own goods under pretence that they are goods of another

man”.

In the light of above view, discuss the scope of passing off and distinguish it from

infringement action. (Marks 5)

(b) A trade mark possesses distinctive character for registration. Distinctive character can be

either inherent or acquired. What is the meaning of inherent and acquired distinctiveness?

Explain with relevant provisions of the Trademarks Act, 1999 with relevant cases.

(Marks 5)

7. Write short notes on any two of the following topics- (Marks: 5x2=10)

a. Geographical indications of goods.

b. Moral rights of an author.

c. Difference between Design protection and Artistic work.

*******

I.D. No.___________________



SEMESTAR-VIII & X

CLS – Corporate Tax (Hon. I&II)





(Marks 2×10=20)

a. Deductions vs. Exemptions

b. Tax Evasion vs. Tax Avoidance

c. explain the scheme of taxation

d. What are the objectives of tax planning?

e. What are the factors affecting tax planning?

f. What do you mean by slump sale?

g. Explain the concept of Advance Payment of Tax?

h. Explain TDS and TCS.

i. What do you mean by Depreciation and also explain the different methods of providing

for depreciation?

j. What do you mean by accrual of income, explain with the help of relevant provisions of

law?

2. (a) The word income is of widest amplitude and it must be given its natural and

grammatical meaning.”… as has been held by the Apex Court in the case of Dooars Tea

Company Ltd. v. CIT. With reference to the above mentioned statement explain the concept

of income, with all its essentials and illustrations. (Marks 5)

(b) Explain the following concepts:- (Marks 5)

I. Capital Receipts v. Revenue Receipts

II. PAN v. TAN

III. Tax v. Fee

IV. Slab Rate v. Tax Rate

V. Short Term Planning v. Long Term Planning.

3. Explain the concept of Dividend Distribution Tax and discuss the changes that were brought

by DDT into the corporate tax structure in India? (Marks 10)

4. Explain the concept of ‘Amalgamation’ and ‘Demerger’ under I.T Act, 1961 and also refer

relevant provisions of Companies Act, 1956? Is there any distinction between ‘Merger’ and

‘Amalgamation’ (Marks 10)

5. (a) X is an Indian private limited company who has distributed 60% of its shares to various

companies outside India. Two of its Directors Stay in USA, for a long time and under their

influence the company conducts most of their core committee meetings in USA. But till

now meetings regarding allotment of shares are always held in India. Decide the residential

status of X with the help of the relevant provisions enunciated under the Income Tax Act,

1961. (Marks 5)

(b) Explain the significance of Location of Business and nature of business with regard to

tax planning. (Marks 5)

6. Double Taxation Avoidance Agreements are known as treaties, and are not only confined to

avoidance of double taxation but they are of wide variety.” With reference to the above

mentioned statement explain the concept of DTAA’s, its importance and the reliefs

provided under the Indian Law. (Marks 10)

7. Explain the following with illustrations:-

a. Tax Planning v. Tax Management. (Marks 6)

b. Assessment Year v. Previous Year (Marks 2)

c. Incidence of Taxation (Marks 2)

*******

I.D. No.___________________



SEMESTER-VIII & X

Women and Law (Optional)





(Marks 2×10=20)

a. What do you mean by Gender Justice?

b. What is the primary object of Article 15(3) of Indian Constitution?

c. Mention the object of CEDAW.

d. What are the provisions under Indian Constitution relating to women and their

benefits?

e. Define ‘rape’ as defined under Indian Penal Code, 1860

f. What is the object of Dowry Prohibition Act, 1961?

g. Distinguish between women’s estate and stridhana.

h. Can an illegitimate wife claim maintenance under Section 125 of Cr.P.C.? Give

reasons for your answer.

i. According Hindu Adoption and Maintenance Act, Who may give adoption and who

may be adopted.

j. Mention the object of the protection of women from Domestic Violence Act, 2005

2. How far the Part III and IV of Indian constitution are significant towards women

empowerment? Analyse with the case laws. (Marks 10)

3. Discuss the role played by Courts and Commissions in India for the Empowerment of

women. (Marks 10)

4. “Democracy, development, respect for human rights and fundamental freedoms are

interdependent and have mutual reinforcement”.

In the light of above, discuss the contribution of United Nation towards advancement of

women. (Marks 10)

5. Is Marital Rape an offence in India? Is it considered as an offence in some foreign

countries? Do you suggest any amendment/ modification or enactment of new law in India,

in this regard? (Marks 10)

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

a. Divorce by mutual consent

b. Section 494 and 498A of IPC.

7. Analyse the following decisions of Supreme Court :-

a. Visakha v. State of Rajasthan (Marks 4)

b. Shahbano v. Mohd. Ahmad Khan. (Marks 3)

c. Nirbhya rape case (Marks 3)

*******

I.D. No.___________________



SEMESTER-VIII & X

Cyber Law (Optional)





(Marks 2×10=20)

a. Cyber Vandalism and Vishing

b. Data Protection and Information Technology Act, 2000 in India

c. Cryptography

d. Cyber Defamation

e. Legality of Click Wrap and Shrink Wrap Contracts

f. Cyber Bullying

g. Computer Virus and its Regulation under Information Technology Act, 2000

h. Liability of Intermediaries in India

i. Web Jacking and Logic Bombs

j. Identity Theft

2. “Access to Internet, though considered as an important right in the modern era, has not yet

developed as an independent right in most of the jurisdictions” - Examine the scope of right

to access to internet under international human rights law and the Indian legal framework.

(Marks 10)

3. (a) Mr. X, a student created a facebook page in the name of Mr. Y and used Y’s photos

without his knowledge. Thereafter Mr. X sent friend request to several classmates of Mr. Y

and some of them accepted the request. After some days Mr. X posted obscene materials in

the facebook timeline and also sent it as personalized messages to the members in the friend

list. Mr. Y came to know about this entire episode and he wanted to file a criminal

complaint- Advice (Marks 3)

(b) Discuss the interface between Copyright protection and Cyberspace. Examine the

various legal provisions in India to deal with the issues arising out of such interface.

(Marks7)

4. Explain the meaning and significance of Electronic Signature? Discuss the legal framework

dealing with regulation of Electronic Signature in India. (Marks 10)

5. (a) What do you mean by Domain Name Disputes? Explain the mechanism for resolution of

Domain Name Disputes in India. (Marks 5)

(b) Explain the meaning of E- Contracts. Discuss the law relating to the formation and

legality of E- Contracts in India. (Marks 5)

6. Explain any six important types of cyber crimes which are dealt with under the Indian Penal

Code, 1860 as well as Information Technology Act, 2000. (Marks 10)

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

a. Protection of Right to Privacy in Cyberspace.

b. Charter of Human Rights and Principles for the Internet.

*******

I.D. No.___________________



SEMESTER-VIII & X

Banking Law (Optional)





a. What do you mean by ‘KYC’ Norms?

b. What do you understand by CRR and SLR?

c. What do you mean by ’Not Negotiable’ Crossing?

d. What are the main obligations of a banker?

e. What do you understand by commercial bank?

f. Who is a customer?

g. What are the main differences between banking and non-banking institutions?

h. What do you understand by social control of banks?

i. What are the activities that a banker cannot carry on?

j. What do you mean by priority lending?

2. “RBI is in a continuous process of development for Excellency in banking and for boosting up the

public confidence in the banking system?”

In the light of the above statement, discuss the developmental functions of RBI including latest

trends and also highlight the important RBI norms in the way to progress. (Marks 10)

3. Mr. Amar draws a cheque in favor of Mr. Akbar, who is a minor. Mr. Akbar endorsed the cheque in

favor of Mr. Anthony. The cheque is dishonored by the bank due to insufficiency of funds in the

account of Mr. Amar.

Decide the rights of Mr. Anthony against Mr. Akbar who is a minor and other party (i.eMr.Amar) to

the negotiable instrument with the help of relevant provisions of NI Act and also discuss the case

laws. (Marks 10)

4. ‘Nationalization of banks has brought a radical change in the progress of banking. ’

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 v. Union of India.

(Marks 10)

5. Critically examine the meaning and definition of a banker, explain the significance of ‘Duration

Theory’ in modern era of banking with the help of decided cases and also talk about the general

relations between banker and customer. (Marks 10)

6. Mr. Chandra Mohan is the payee of an order cheque. Mr. Nagarajan steals the cheue and forges Mr.

Chanda Mohan’s signature and indorses the cheque in his (Mr. Nagarajan’s) favour. Mr. Nagarajan

then indorses the cheque to Mathews who takes instrument in good faith and for valuable

consideration.

In view of the above problem, is Mathews considered as a holder-in-due course? Discuss the

privileges of Holder-in-due course and bring out the differences between Holder and Holder-in-Due

Course with relevant provisions of Negotiable Instruments Act, 1881. (Marks 10)

7. Short notes (Answer any two of the following) (Marks 5×2=10)

a. RBI as ‘lender of last resort’

b. The Narasimham Committee- I and II

c. Debt Recovery Tribunal (DRT)

*******

I.D. No.___________________



SEMESTAR-VIII

Indirect Tax (Optional)





(Marks 2×10=20)

a. What do mean by Documents of title of goods?

b. What is “Baggage” under the Customs Act, 1962?

c. Adjudicating Authority” under the Central Excise Act, 1944.

d. What is ‘duty’ under the Customs Act, 1962?

e. What is Sale?

f. What is ‘Intra-State Sale’ under the CST Act 1956?

g. What do you mean by ‘Coastal Goods’ under the Customs Act, 1962?

h. What do you mean by ‘Proper officer’ under the Customs Act, 1962?

i. What do you mean by ‘Central Excise Officer’ under the Central Excise Act, 1944?

j. What do you mean by Smuggling under the Customs Act, 1962?

2. “Article 14 of the Constitution of India forbids class legislations but permits reasonable

classification”

With reference to this statement discuss the constitutional validity of the Taxing Statute in

India. Refer cases also. (Marks-10)

3. (a) What do you mean by dealer under the Central Sales Tax? Illustrate with suitable cases

and explanations. (Marks 6)

(b) X of Kolkata sells goods to Y of Chennai and sends the goods through rail. After the

goods are delivered to rail, X transfers the Railway Receipt (RR) to Y. After the goods

reaches Chennai but before taking the delivery of goods by Y from the railway authority, Y

transfers the RR to Z of Mumbai. ---Decide the tax liability of XY and Z. (Marks 4)

4. Decide the followings: [Whether interstate Sale or not and also determine taxable or not?

With suitable explanation.] (Marks 2x5=10)

(i) ‘X’ of Delhi delivers goods to his dealer ‘Y’ of Mumbai as per delivery order receiver

after payment.

(ii) ‘A’ of Kolkata has a factory in Kolkata and a sales depot in Raipur. ‘A’ Sends goods

from Kolkata factory to Raipur depot against orders received from the customers.

(iii) P of Mumbai sells goods to Q of Chennai who takes delivery of such goods from

Mumbai godown and later on he carries such goods to his Chennai shop at his own risk.

(iv) C of Bihar has a factory in Patna and a sales depot in Raipur. C sends goods from his

factory in Patna to sales depot in Raipur. Such sales depot makes sale to various customers

in Chhattisgarh.

(v) B of Bhopal comes to C of Chennai to purchase goods from him. As per agreement, C is

required to deliver the goods to Bhopal at his own risk.

5. (a) “Manufacture implies a change, but every change is not manufacture and yet every

change of an article is the result of treatment, labour and manipulations.

In the light of this statement define manufacture and discuss its essential ingredients.

(Marks 6)

(b) What do you mean by Indian Territorial Water? Explain in reference with ICW, IEEZ,

and ICZ. (Marks 4)

6. (a) What do you mean by “Excisable goods” under the Central Excise Act, 1944? (Marks 5)

(b) What do you mean by “Goods are in Special Importance” under the Central Sales Tax

Act 1956? Illustrate with suitable Examples. (Marks5)

7. Short notes: (any four) (Marks 2.5x4=10)

a. ‘Appropriate State’ under the Central Sales Tax Act, 1956.

b. ‘Person-in-charge’ under the Customs Act, 1962.

c. ‘Presumption of Culpable mental state’ under Central Excise Act’1944.

d. ‘Business’ under the Central Sales Tax Act, 1956.

e. Stock Transfer or Branch Transfer under CST Act, 1956.

*******

I.D. No.___________________



SEMESTAR-VIII & X

ICA (Optional)





(Marks 2×10=20)

a. Define International Commercial Arbitration

b. Explain Lex Arbitri

c. Explain Substantive Law

d. Explain Lex Situs

e. Explain Lex Loci Contractus

f. Explain the term Arbitration Clause in a Contract

g. Explain Arbitration agreement

h. Explain the term Privacy and Confidentiality

i. Explain Arbitral Award

j. Explain Institutional Arbitration

2. Discuss the Procedure as well as advantages of getting the dispute resolved by London

Court of International Arbitration (LCIA). (Marks 10)

3. Discuss the grounds as well as procedure to challenge the appointment of an Arbitrator?

(Marks 10)

4. Discuss the conditions for the enforcement of Foreign Award under the New York

Convention. (Marks 10)

5. “The competence of the Arbitral Tribunal comes from the agreement of the Parties. It is the

parties who give Arbitral Tribunal the authority to decide disputes between them; So

Arbitral Tribunal must not exceed its Jurisdiction”.

In the light of the above Statement explain the competence of arbitral Tribunal to rule on its

Jurisdiction. (Marks 10)

6. “The existence of any Process of dispute resolution outside national courts depends upon

the agreement of the Parties”.

In the light of the above statement explain the formal requirements of a valid arbitration

agreement. (Marks 10)

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

a. The concept of Arbitrability

b. Role of Domestic Courts

*******

I.D. No.___________________



SEMESTAR-VIII & X

Competition Law (Optional)





(Marks 2×10=20)

a. How would the objectives of the Competition Act be achieved?

b. What is competition in the market?

c. What is bid rigging?

d. When the commission may initiate inquiry into anti- Competitive agreements/ abuse of

dominance?

e. What is Price Parallelism?

f. What is relevant market?

g. In what circumstances competition commission can initiate inquiry on its own?

h. What does the term ‘Bail out Takeover’ imply?

i. What is monopsony market?

j. What are the common characteristics of cartels?

2. Discuss the context in which Indian legislature enacted new competition legislation and

usefulness also. (Marks 10)

3. What constitutes abuse of dominance? What orders the commission can pass in case of anti-

Competitive agreements and abuse of dominant position? In India list of abuses in the Act

are exhaustive, no action if an action is not covered in list.” – Illustrate. (Marks 10)

4. Discuss the provisions relating to anti – competitive agreement and substantiate the

application of rule of reason in the Indian context. (Marks 10)

5. What is Competition Advocacy? Contemplate on role of CCI towards curbing adverse

effect of competitions between companies. Discuss it powers and functions also. (Marks 10)

6. What is combination? Does a firm proposing to combine have to notify the Commission?

‘Many anti competitive acquisition and merger below threshold levels of assets and

turnover stipulated in section – 5 would not be covered by the Act.’ Elucidate. (Marks 10)

7. What is the difference between horizontal and vertical agreement? Discuss the concept of

extra-territorial jurisdiction of competition laws in various jurisdictions, namely EU and US,

from which the Indian law has shaped up. (Marks 10)

*******

I.D. No.___________________



SEMESTAR-VII & X

Media and Law (Optional)





(Marks 2×10=20)

a. Discuss the meaning of the term Media?

b. What do you mean by the term ‘Commercial Speech’?

c. What is ‘Right of Rebuttal’?

d. ‘The internet is an important means of expression and communication but equally

important is its role as a source of information’. Justify

e. Discuss the relevance of the term ‘Security of the State’ and ‘Public Order’?

f. How do you make a balance for determining any criticism as a ‘Genuine criticism’?

g. State the essentials of a cause of action for ‘Defamation’?

h. State various international treaties which recognize the Right to Privacy?

i. What is the scope of the ‘Doctrine of Direct Impact’?

j. What do you mean by the term ‘Libel’ and ‘Slander’?

2. “The freedom of speech and expression is one of the core values that underline the

Constitution. Protection under the law of the integral components of that freedom is vital to

sustaining democracy. Such values have an eternal significance in the polity through the

content which the freedom assumes is shaped by challenges to governance that are thrown

up over different periods of time”. Dr. Justice D.Y. Chandrachud.

Justify the above statement. Briefly discuss the constitutional status of the Media and its

role in the society. Also discuss the precautions that need to be taken into consideration by

the media and press in this context. (Marks 10)

3. The Supreme Court has recognized that there can be no uniform test of obscenity and that

each case would have to be judged on its own facts. The court has, however, through

various judgments laid down the broad parameters to be followed in judging whether a

particular publication is obscene.

In the light of above statement discuss the meaning, scope, relevance and ambit of the terms

‘Decency and Morality’, ‘Obscenity’ ‘Vulgarity’. Critically analyse and establish the entire

position, regulatory framework and relevant parameters applicable in India with the help of

judicial decisions. (Marks 10)

4. “If men, including Judges and journalists, were angels, there would be no problem of the

contempt of court. Angelic judges would be undisturbed by extraneous influences and

angelic journalists would not seek to influence them. The power to punish for contempt of

court is a safeguard not for the Judges as persons but for the function which they exercise”-

Frankfurter J.

Do you agree with the above statement? In light of the above paragraph also discuss the

scope, rationale behind the law of contempt of court in India. Also discuss the Test of

erosion of public confidence and position and applicability of the law in USA,

Commonwealth Countries and India. (refer relevant cases) (Marks 10)

5. The exponential growth of the media, particularly the electronic media in recent years has

brought into focus issues of privacy. The media has made it possible to bring the private life

into public domain, exposing him to the risk of an invasion of his space and his privacy.

Justify the role of the modern media and its conflict with the right to privacy? How do you

relate the ‘right to privacy’ with the ‘right to free speech and expression’? Discuss the law,

its interpretation and extent to which the right to privacy in India can be stretched? Refer

relevant cases. (Marks 10)

6. (a) “Publicity is the very soul of justice. It is keenest spur to exertion and the surest of all

guards against improbity. It keeps the judge himself while trying, under trial” – Scott v.

Scott (1911 All ER 1)

Do you agree with of the above statement? Discuss the scope of reporting ‘Court

proceeding’ and ‘Legislative proceedings’ and explain the relevance in the modern society.

(Marks 5)

(b) “Freedom of speech and expression includes right to acquire information and to

disseminate it to public at large, it also includes right to circulate and also to determine

volume of such circulation”.

Elaborate the above paragraph by discussing the unenumerated right to circulation and

publication in India. (Marks 5)

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

a. Right to Information

b. Right to conduct interviews

*******