I.D. No. END TERM EXAMINATION, MAY - 2016 - Hidayatullah National Law … End Term - Jan. to April 2016.pdf · analysis of this statement made by Karl Marx. (Marks 10) 4. “The division

I.D. No.___________________

END TERM EXAMINATION, MAY - 2016 B.A.LL.B. (HONS.)

SEMESTER-II

Sociological Thought

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. Law of Three Stages

b. Marxian concept of alienation.

c. What is Social Fact?

d. Hyper Reality

e. Theory of Social Engineering

f. Bourdieu’s Classification of Capital

g. Mention any three important contributions (Works) of M. N. Srinivas.

h. Logical and Non-Logical Action

i. Ideal Type

j. Weber’s concept of Authority

2. “The task of sociological analysis involved the interpretation of action in ternms of its

subjective meaning.” Elucidate the statement with theoretical insights. (Marks 10)

3. The history of all hitherto existing society is the history of class struggle. Supply a critical

analysis of this statement made by Karl Marx. (Marks 10)

4. “The division of labour in society is a material social fact that involves the degree to which

tasks or responsibilities are specialized”. Critically examine this view of Durkheim with

theoretical arguments and practical examples. (Marks 10)

5. Provide a comprehensive description of sanskritization as a concept by Srinivas with critical

arguments and practical facts. (Marks 10)

6. “Just as the modern world underwent a process of differentiation , the postmodern world can be

seen as undergoing dedifferentiation”. Critically analyze this argument by the work of Jean

Baudrillard. (Marks 10)

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

a. Theory of Suicide

b. Circulation of Elites

*******

I.D. No.___________________

END TERM EXAMINATION, APRIL - 2016 B.A.LL.B. (HONS.)

SEMESTER-IV

Constitutional Governance-II




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

a. Ordinance Making Power of the President of India

b. Constitutional position of the Governor in India

c. Appointment of the Chief Justice of India

d. Relationship between the Prime Minister and the Council of Ministers

e. Doctrine of Repugnancy

f. Doctrine of Territorial Nexus

g. Ground of Judicial Review of State Emergency

h. Major impact of 42nd Amendment Act on the performance of Constitution in India

i. Need of Amendment of the Constitution

j. Concept of Prospective Overruling

2. What is ‘Money Bill’? What is the special procedure to pass money bill? Is it different than

Financial Bill’? Explain with the help of Constitutional provisions. (Marks 10)

3. ‘Privileges to the houses of the Parliament and their members have been conferred with the

object to enable them to free exercise of their powers and also to ensure full execution of

responsible government.’ Critically examine this statement in the light of constitutional

provisions and judicial decisions. (Marks 10)

4. With the help of case law, critically analyze the distribution of legislative powers between the

Centre and the State. What are the situations in which Parliaments gets power to make law with

regard to a subject even though it is mentioned in State List? (Marks 10)

5. What do you mean by the term ‘Proclamation of Emergency’? On what ground, a proclamation

under Article 352 can be made? What is the impact of this proclamation over fundamental

rights? (Marks 10)

6. Write a critical note on the concept and scope of Freedom of Trade, Commerce and Intercourse

as provided in the provisions of the Constitution of India. Also discuss exceptions to it.

(Marks 10)

7. ‘Amendment is the need of the time but it should not be unrestricted. There is something which

Constitution makers would have never intended to be amended.’ In the light of this statement,

elucidate the procedure, scope, limitation and reviewability of the Constitutional amendments in

India. (Marks 10)

.

*******

I.D. No.___________________


SEMESTER-VI

Jurisprudence-II




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

2×10=20)

a. Fiction theory of corporate personality.

b. Legal status of unborn children.

c. Literal Rule of interpretation.

d. Requisites of a valid Custom.

e. Deterrent Theory of Punishment.

f. Distinction between claim and Immunity.

g. Kinds of ownership.

h. Definitions of legislation.

i. Definition of Property.

j. Will theory of Right.

2. Discus the doctrine of judicial precedent and explain the difference between ‘ratio decidendi’

and ‘obiter dicta’ also examine the applicability of doctrine of judicial precedent in India.

(Marks 10)

3. “The approach of law has not been consistent in defining a person.” Examine the above

statement using Bracket theory, Concessions theory and Kelsen’s theory of personality.(Marks

10 (Marks 10)

4. Hohfeld constructs and analyses a scheme of ‘jural relations’ based on ‘opposites’ and

‘correlatives’. Critically examine how Hohfeld’s analysis attempts to deal with these concepts.

(Marks 10)

5. Answer the following: (Marks 52=10)

a. ‘A’ dropped his purse on the floor of a shop and after one day it was picked up by ‘B’, a

customer. ‘S’ shopkeeper claims possession of the purse. Decide.

b. ‘A’ sells ‘B’ a cupboard, which unknown to both contains jewels in a secret drawer. Who

has possession? Decide.

6. “A real and abiding concern for the dignity of human life postulates resistance to taking a life

through law instrumentality. That ought not to be done except in rarest of rare case where the

alternative opinion is unquestionably foreclosed”. In the light of above statement examine the

constitutionality of capital punishment. (Marks 10)

7. Write short notes on any two of the following. (Marks 52=10)

a. Mischief Rule of Interpretation.

b. Golden Rule of Interpretation.

c. Theories of liability.

*******

I.D. No.___________________


SEMESTER-VIII

Land Laws





a. Define the term ‘Improvement’ under the Chhattisgarh Land Revenue Code, 1959.

b. Define the term ‘rent’ as given under the Chhattisgarh Land Revenue Code, 1959.

c. Define ‘Revenue Survey’ under the Chhattisgarh Land Revenue Code, 1959.

d. Define ‘settlement’ under the Chhattisgarh Land Revenue Code, 1959.

e. Define ‘affected family’ under the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.

f. Define ‘cost of acquisition’ under Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.

g. Define the term ‘public purpose’ under Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013.

h. Explain the aims and objects of the Chhattisgarh Rent Control Act, 2011.

i. Define the term ‘urban areas’ and ‘village’ under Chhattisgarh Land Revenue Code, 1959.

j. Define the term ‘resettlement area’ and ‘scheduled areas’ under the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013.

2. Discuss the law relating to Constitution, Composition and Powers of Board of Revenue under

the Chhattisgarh Land Revenue Code, 1959. (Marks 10)

3. Discuss the law relating to process of recovery of arrear of land revenue under the Chhattisgarh

Land Revenue Code, 1959. (Marks 10)

4. Define the term ‘landlord and tenant’ and discuss their rights and obligations as given under the

Chhattisgarh Rent Control Act, 2011. (Marks 10)

5. Discuss the objectives and salient features of the Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (Marks 10)

6. Discuss the law relating to the procedure for Award the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (Marks 10)

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

a. Bhumiswami under the Chhattisgarh Land Revenue Code, 1959.

b. Rent Control Authority under the Chhattisgarh Rent Control Act, 2011

c. Land Acquisition, Rehabilitation and Resettlement (LARR) Authority under the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

*******

I.D. No.___________________


SEMESTER-X

Media & Law (Opt.-II)





a. Group defamation

b. Public information officer.

c. Power to impose tax and press freedom

d. Mr. X vs. Hospital Z

e. Hicklin test

f. Security of state and press freedom.

g. Right to broadcast under Indian Constitution

h. Licence secrecy

i. Right to genuine criticism and contempt.

j. Compelled speech

2. The first real attempt to muzzle the press came in 1799 by a set of regulations. Write an essay

on the journey towards freedom of speech and expression in India. (Marks10)

3. Explain the concept of government control over media. Do you think that the idea of control

over ‘electronic media’ is against the concept of freedom of speech and expression? Refer the

relevant case laws. (Marks 10)

4. ‘The press had no absolute right to interview or photograph a prisoner but could do so only with

his consent’. Explain this statement in the light of the right to privacy under constitution of

India. (Marks 10)

5. Vicious stultification and vulgar debunking cannot be permitted to pollute the stream of justice’.

In the light of this statement explain the law of contempt as a recognised exception under

Article 19 (2) of the Indian Constitution. (Marks10)

6. “The law of obscenity is one of the most controversial, the most ambiguous and the least

understood of the laws affecting freedom of expression.” Explain. (Marks 10)

7. What are the essential ingredients of a cause of action for defamation? Write down the remedies

for defamation with the help of decided cases. (Marks 10)

*******

I.D. No.___________________


SEMESTER-X

Women & Law (Opt.-II)





a. Selling, buying minor for the purpose of prostitution.

b. Mock marriage with fraudulent intent.

c. Word, gestures or act intended to insult the modesty of women.

d. Social legislations enacted in 19th century concerning the liberation of women.

e. Whether Polygamy in Muslim law leads to discrimination with women.

f. Gender inequality in the law relating to guardianship.

g. Fundamental duty concerning the women.

h. Family court.

i. Object and role of National Commission for women.

j. Meaning of domestic violence under Section 3 of Protection of Women from Domestic

Violence Act, 2005.

2. “The status and role of women as depicted in Vedas i.e. Vedic Feminism is highly positive,

constructive, healthy and balanced. It speaks well beyond the concerns of what is generally

conceived today to be feminism in various parts of the world. Vedas want each one, whether

man or woman, to be humane and rear humanity.” In the light of above statement discuss the

status of women in Vedic period and make a comparison of the status of women in Vedic and

Post Vedic periods. (Marks 10)

3. “The fundamental law of the land ensures the dignity of individuals irrespective of their sex,

cast, community, or place of birth. With regard to women the Constitution contains many

provisions which go a long way in securing gender justice and to protect against exploitation

and indignity of women. The rights guaranteed to women are on par with the rights of men ad in

some cases the women have been allowed to enjoy the benefit of certain special provisions.” In

this context discuss the special constitutional provisions for the protection of women and also

make an evaluation of success of the above constitutional goals and objectives.

(Marks 10)

4. “The message of International instrument such as the Convention on the Elimination of all

forms of Discrimination Against Women, 1979 (CEDAW) which directs all State Parties to take

appropriate measures to protect women against discrimination of all forms besides taking steps

to protect honour and dignity of women is loud and clear.” In the light of the above comment of

the Supreme Court of India in the case of Apparel Export Promotion Council v. A.K.Chopra,

(1999)1SCC759 discuss various relevant provisions of the Convention on the Elimination of all

forms of Discrimination Against Women, 1979. (Marks 10)

5. Make a comparative note of unequal position of women with reference to law relating to

divorce and maintenance under Hindu, Muslim and Christian personal laws. (Marks 10)

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

a. Law relating to prenatal diagnostic techniques.

b. Law relating to sexual harassment of women at work places.

7. “Test of obscenity is that whether the tendency of the matter charged is to deprave and corrupt

those whose mind are open to such immoral influences and into whose hands a publication of

this sort may fall.” In the light of above test of obscenity discuss the factors which are

important and relevant to be considered by the courts in determining whether any impugned

material is obscene. (Marks 10)

*******

I.D. No.___________________


SEMESTER-X

Law of Insurance (Opt.-II)





a. A, law teacher and a law student jointly undertake a research project from UGC. Can the

law teacher and the law student take insurance of each other?

b. ‘A’ takes an insurance policy from ‘B’ insurance co. on 1st January 2015. It was on the basis

of yearly premiums. The premium was due on 31.12.2015. ‘A’ did not deposit premium on

that due date but deposits the premium on days of grace provided by the company. Is the

policy deemed to be valid?

c. Discuss the Cowasjee Jahangir Committee.

d. Discuss the case of Hamilton v. Pundrof

e. What were the findings of Malhotra Committee Report?

f. Discuss statutory insurable interest.

g. What fact need to be disclosed?

h. What do you mean by Insured peril?

i. Discuss Motor Vehicle Insurance.

j. What do you mean by doctrine of approximation?

2. Discuss the duties and functions of Insurance Regulatory and Development Authority also

discuss the achievement of this authority. (Marks 10)

3. What do you understand by insurable interest? Explain the circumstances in which its need

arises in various insurance contracts. (Marks 10)

4. What are salient features of the doctrine of utmost good faith? (Marks 10)

5. Define the term ‘life insurance’ and discuss the nature, scope and different kinds of life

insurance. (Marks 10)

6. While explaining the term ‘fire’ in the context of fire insurance policy, discuss what can be

recovered as loss by fire under a Fire Insurance Policy. (Marks 10)

7. Define the term ‘premium’ and how it is to be paid. Whether premium paid within the days of

grace will be deemed to be valid? Discuss. (Marks 10)

*******

I.D. No.___________________


SEMESTER-X

Indirect Tax (Opt.-II)





a. What is composition scheme under Value Added Tax?

b. What is Input Tax Credit?

c. Explain Ad Valorem Duty?

d. What is Reverse Charge under Service Tax?

e. Explain ‘Support Services’.

f. What is anti-dumping duty?

g. What is Customs Station?

h. Explain ‘Declared Goods’.

i. State basic exemption under Service Tax, if any.

j. Explain sale outside the State.

2. (a) State whether the following are manufactures for the purpose of levying Excise Duty:

(i) Cutting tarpaulin of required size from tarpaulin sheets, stitching and fixing eyelets.

(ii) Making shirts and trousers from cloth

(iii) Printing of Sarees

(b) An importer kept imported goods in customs bonded warehouse on 15-7-2015 and cleared

the goods from customs on 13-12-2015 on payment of customs duty. Is he liable to pay interest?

State reasons. (Marks 6+4=10)

3. (a)A biscuit manufacturing company prints on the packages the MRP of Rs. 15.00 for the State

of Chhattisgarh, Rs. 16.00 for Madhya Pradesh and Rs.17.00 for the rest part of India. What will

be the Assessable Value for the purpose of calculating the excise duty? (Marks 05)

(b)A borrower had taken loan from Bank on basis of pledge of gold. The borrower failed to

repay loan and interest. Hence, gold was sold by bank to recover the loan amount. Vat

department is demanding Vat on this sale. Bank states that it is not business of bank to sale

gold. Advise Bank. (Marks 05)

4. (a) Distinguish between Protective Duty imposable under Section 6 and Safeguard Duty

imposable under Section 8B of the Customs Tariff Act, 1985.

(b) What dealers may opt for composition scheme under the Value Added Tax? (Marks 6+4)

5. (a) Explain significance of the Indian Customs Waters under the Customs Act, 1962.

(b) State any four services which are not included in the definition of service. (Marks 6+4)

6. (a) Distinguish between Specific Excise Duty and Special Duty of Excise.

(b) State the transactions on which Value Added Tax is not levied. (Marks 6+4)

7. (a) State the advantages and disadvantages of the proposed Goods and Services Tax (GST).

(b) When a Customs Officer may search suspected persons? (Marks 6+4)

*******

I.D. No.___________________


SEMESTER-II

English Literature


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.


a. What was Ivan Dmitritch Chervyakov’s matter of concern which led him to death?

b. What changed Gabriel grub’s outlook towards life?

c. Share Phelp’s views on books and reading.

d. What advice does Polonius give to his son?

e. How does Portia Praise Mercy?

f. What conclusion could be drawn from the story The bet?

g. Share M. Hidayatullah’s view on Lawyers Born or made.

h. What is the gist of the poem On Valediction: Forbidding Mourning?

Explain the following with reference to context:

i. For Death had illumined the land of sleep,

And his life less body lay

A worn out fetter, that this soul

Had broken and thrown away!

j. If there’s no hatred in a mind

Assault and battery of the wind

Can never tear the linnet from the leaf.

2. Write Nunez’s experience in the strange country. (Marks 10)

3. Describe the nightingale’s sacrifice for love. (Marks 10)

4. How does the poem ‘A psalm of life’ inspire you? (Marks 10)

5. How does A. G. Gardiner show that bad manners probably do more to poison the stream of

the general life than all the crimes in the calendar? (Marks 10)

6. What does the essay Dream Children: A reverie say about the author? (Marks 10)

7. (a) What message does Dr. A. P. J. Abdul Kalam give in Indomitable Spirit? (Marks 05)

(b) What precious knowledge does Julian Mantle share with John? (Marks 05)

*******

I.D. No.___________________


SEMESTER-IV

Major Political Systems (Major)


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

carried by each question is indicated at the end of the question.


a. What do you mean by Westminster model?

b. What is Magna Carta?

c. What is ‘Spoils System’?

d. What are the different phases of British Constitutional history?

e. What is Cultural Revolution in China?

f. What is referendum?

g. What makes American judiciary powerful and independent?

h. What do you mean by constitutional monarch?

i. What is the difference between democracy and Republic?

j. Who is shadow prime minister in Britain?

2. Critically discuss the working of an unwritten constitution in Britain. (Marks 10)

3. Explain the powers and limitations of American President under the constitutional framework.

(Marks 10)

4. What are the institutions of direct democracy is Switzerland and to what extent they are

successful? (Marks 10)

5. Critically discuss the features of Japanese Constitution. (Marks 10)

6. Explain the role of communist Party of China in China’s administration. (Marks 10)

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

a. Presidential veto in USA.

b. Plural Executive

c. Judicial Review.

*******

I.D. No.___________________


SEMESTER-VI

Alternative Dispute Resolution





a. Discuss the important forms of ADR

b. What do you mean by incorporation by reference under section 7(5) of the Arbitration and

Conciliation Act, 1996

c. Discuss the procedure to challenge an arbitrator

d. Explain the power of arbitral tribunal to pass interim measures.

e. What is the rule relating to claim and defense statement in arbitral proceedings?

f. Discuss the scope of section 31 (7) of the Arbitration and Conciliation Act, 1996.

g. What are the appealable orders under section 37 of the Arbitration and Conciliation Act, 1996?

h. “Filing of an application to set aside an arbitral award does not mean automatic stay on the

enforcement of the award.” Discuss

i. Who is a conciliator? What are his roles?

j. Discuss the advantages of ADR over litigation.

2. “There cannot be an arbitration unless there is an arbitration agreement and if there exists an

arbitration agreement, there cannot be anything but arbitration.” Discuss. (Marks 10)

3. Discuss the law relating to appointment of arbitrators. How far do you think that the changes made in

section 11 by the Arbitration and Conciliation (Amendment) Act, 2015 shall affect the scope of the

power of arbitral tribunal in section 16? (Marks 7+3=10)

4. Explain the ground of “violation of public policy of India” for setting aside an arbitral award. How far

do you think that patent illegality is a ground to set aside an award of international commercial

arbitration? Also discuss the limitation for filing an application under section 34 of the Arbitration and

Conciliation Act, 1996. (Marks 5+3+2=10)

5. Discuss the following: (Marks 5+5=10)

a. Rules applicable to substance of dispute.

b. Termination of arbitral proceeding.

6. Discuss the law relating to appointment of conciliator, settlement agreement and termination of

conciliation proceeding. (Marks 10)

7. Write short notes on the following: (Marks 5+5=10)

a. Interim measures by court under section 9 of the Arbitration and Conciliation Act, 1996

b. Meaning of award and settlement award.

*******

I.D. No.___________________


SEMESTER-VIII

Drafting, Pleading and Conveyancing



question are indicated at the end of the question.

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

a. Rejection of plaint

b. Cause of action

c. Complaint under section 138 of the Negotiable Act

d. Substitution of parties

e. Appeal

f. Anticipatory bail

g. Conveyancing

h. Affidavit

i. Interlocutory Application

j. Necessary Parties and Proper Parties

2. Does the Civil procedure Code permit a plaintiff to unite in the same suit several causes of

action against the same defendant or the same defendants jointly? In case causes of action are

united, how the jurisdiction of the court be determined. Discuss. (Marks 10)

3. (a) Discuss general principles which are to be followed while drafting a plaint and written

statement.

(b) Draft a plaint and written statement for redemption of mortgage. (Marks 5×2=10)

4. Draft a notice under section 80 of Code of Civil Procedure against the government of

Chhattisgarh State. Discuss whether such a notice is mandatory for filing a suit against

government. (Marks 10)

5. Draft a bail application on behalf of accused persons charge sheeted for dowry death.

(Marks 10)

6. Reema married with Kishor in the year 2012 and got one female child out of that wedlock.

From 2014 till now they are living separately. The husband has deserted his wife and

developed illicit relationship with another woman Seema. Reema wants to divorce her

husband on the ground of desertion. Draft a plaint from the side of Reema. (Marks 10)

7. What do you understand by legal set off and equitable set off? Differentiate between the two.

(Marks 10)

*******

I.D. No.___________________


SEMESTER- X

Professional Ethics



question are indicated at the end of the question.


a. Is it correct to say that Legal Profession is Nobel profession and it is considered to be a front line

learned profession?

b. Do you think that an advocate may handover the case to another counsel when he finds himself too

busy?

c. What is right to Pre-Audience?

d. Whether truth may be accepted as defense in contempt cases?

e. What is Seven Lamps of Advocacy?

f. Whether strike by lawyers is inconsistence with rules of professional ethics?

g. What do you understand by accountability of Advocates?

h. Whether advocates can advertise their profession on Television or Radio?

i. Can a person be enrolled on the Roll of more than one State Bar Council?

j. Whether, for practice the requirement of the Bar Council of India Examination is inconsistence

with Article 19 of the Indian Constitution?

2. Discuss the historical account of legal profession in India. How it is being regulated in the present

time? Explain. (Marks 10)

3. Critically examine the nature and main characteristics of legal profession. (Marks 10)

4. Define Bar- Bench relations. What are the duties of lawyers and judges to maintain this relation?

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

5. What are the circumstances under which an advocate may be held guilty for contempt of court? Can a

High Court punish an advocate for contempt of its subordinate court? (Marks 10)

6. Define the term Professional Misconduct. Whether Bar Councils can take action against advocates is

case of Other Misconduct too. (Marks 10)

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

a. Impact of Globalization on legal profession.

b. Power and functions of Bar Council of India under the Advocates Act, 1961.

c. Duties of Advocates toward their Clients.

*******

I.D. No.___________________


SEMESTER-II

Law of Contract-II





(Marks 2×10=20)

a. Continuing Guarantee

b. Right of indemnity Holder

c. Legal position of minor in partnership.

d. Nature of Agency

e. Caveat emptor

f. Nemo dat quad non habet

g. Holding out

h. Personal liability of an Agent

i. Pledge

j. Nature of surety’s liability.

2. Discuss the nature and essentials of contract of Indemnity. When the liability of Indemnifier

commences? (Marks 10)

3. Define a contract of guarantee. What are its characteristics? Distinguish between a contract of

guarantee and contract of indemnity. (Marks 10)

4. Under what circumstances a surety is discharged from the liability? (Marks 10)

5. Discuss the rights and duties of a Bailee. (Marks 10)

6. Who is an unpaid seller? What are the rights of an unpaid seller? (Marks 10)

7. What is dissolution of partnership firm? What are the grounds for dissolution of partnership

firm? Discuss (Marks 10)

*******

I.D. No.___________________


SEMESTER-IV

Transfer of Property Act





a. Tenancy at Will

b. Exchange

c. Things attached to Earth

d. Attestation

e. Contingent Interest

f. Mortgage by Conditional Sale

g. Transfer of Property

h. Doctrine of part-Performance

i. Constructive Notice

j. Usufructuary Mortgage.

2. “The Law always favours alienation of property rather than its accumulation.” Explain this

statement with the help of decided cases. (Marks 10)

3. Discuss the conditions for the application of the doctrine of election. Also discuss the

difference between English Law and Indian Law relating to doctrine of election. (Marks 10)

4. (a) Explain the Doctrine of Lis Pendens. (Marks 5×2=10)

(b) Ram agrees to sell immovable property to Rahim in 2012. Rahim files a suit in 2013,

against Ram for the specific performance of the contract to sell and for the recovery of the

said property. Pending the suit, Ram sells the property to Shyam in 2014 by a registered

deed. In 2015, Rahim’s suit is dismissed on the ground that he had committed a breach of

contract of sale. In 2016, Shyam files a suit against Ram for recovering possession of the

property sold to him by Ram in 2014. Ram resists Shyam’s claim on the ground that the

sale to Shyam was affected during the pendency of the suit of Rahim against Ram.

Discuss.

5. (a) Discuss the legal presumptions in relation to the duration of a lease. (Marks 5×2=10)

(b) Rajesh lets his land to Rajat. The lease expires but Rajat continues in possession.

Rajesh brings a suit to eject Rajat. Rajat rejects Rajesh’s claim on the strength of an

unregistered lease for a further period of 10 years on an increased rent. Will Rajesh

succeed?

6. (a) ‘Once a mortgage always a mortgage.’ Discuss with reference to the doctrine of clog

on the equity of redemption. (Marks 5×2=10)

(b) Ram mortgaged his land to Shyam with possession for 5 years, the rent and profits to

be set off against interest. The mortgage deed further provided that if the mortgage was

not redeemed with in a period of 20 years from the due date, the mortgagee should treat

land as sold to him absolutely. Ram filed a suit for redemption after 20 years from the due

date. Will Ram succeed?

7. a. Discuss the right and liabilities of the seller. (Marks 5×2=10)

(b) Ravi transfers to his wife land worth about Rs. 10, 00,000, in discharge of her future

maintenance. Is the transaction a valid sale or exchange? Discuss.

*******

I.D. No.___________________


SEMESTER-VI

Administrative Law





(Marks 2×10=20)

a. Define Administrative law.

b. What do you mean by rule of law?

c. Explain the concept of conditional legislation.

d. Discuss the doctrine of estoppel.

e. What do you mean by doctrine of proportionality?

f. Define tribunal. What are the differences between tribunals and courts?

g. Discuss the relationship between constitutional law and administrative law.

h. Discuss the exceptions to the rule against bias.

i. What are the grounds for issuance of writ of certiorari?

j. What do you mean by global administrative law?

2. Discuss the meaning of delegatus non potest delegare. Also discuss the procedural control

over delegated legislation in India. (Marks 5+5=10)

3. Explain the principle of separation of powers and its importance in contemporary times.

How far do you think that the principle has been incorporated in Indian legal system?

(Marks 5+5=10)

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

a. Enforceability of administrative directions

b. Judicial control of administrative discretion at the stage of the exercise of discretion.

5. Discuss the rule of Audi alteram partem. What is the consequence of a decision making

body failing to comply with the requirement of principles of natural justice? Explain with

the help of decided cases. (Marks 6+4=10)

6. (a) “To be unreasonable an act must be of such a nature that no reasonable person could

possibly entertain such a thing. This is a stringent test that leaves the ultimate discretion

with judiciary.” Examine the above statement in the light of power of judiciary to review

administrative actions on the grounds of illegality, irrationality and procedural

impropriety. (Marks 06)

(b) Discuss the meaning of writ of mandamus. What are the conditions under which it

may be issued? (Marks 04)

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

a. Section 8 of the Right to Information Act, 2005

b. Contractual liability of the administration

*******

I.D. No.___________________


SEMESTER-VIII & X

CG-Fundamental Rights and Its Enforcement (Hon.-I)





(Marks 2×10=20)

a. Doctrine of Waiver

b. Regulation of Political and secular activities associated with religion.

c. Protection of women from prostitution and rehabilitation of their children

d. Meaning and scope of writ of Quo-warranto.

e. Reasonable Classification.

f. Public Interest Litigation.

g. Right against self-incrimination.

h. Meaning and object of fundamental rights.

i. Residence as a ground for reservation of the post in public employment.

j. Locus Standi.

2. Discuss the meaning and extent of scope of the term ‘state’ under art.12 of Indian

Constitution with the help of authoritative case law. Also discuss whether ‘judiciary’ is

included within the meaning of the word ‘state’. (Marks 10)


a. Retrospective effect of laws.

b. Constitutional safeguards against preventive detention laws.

4. “Judicial review is the interposition of judicial restraint on the legislative as well as the

executive organs of the Government. The concept has the origin in the theory of two laws-

an ordinary and supreme (i.e. the Constitution). From the very assumption that there is a

supreme law which constitutes the foundation and source of other legislative authorities in

the body polity. It proceeds that any act of ordinary law making bodies which contravenes

the provisions of the supreme law must be void and there must be some organ which is to

possess the power or authority to pronounce such legislative acts void.” In the light of the

above statement discuss the origin, meaning, object and justification for the concept of

judicial review. (Marks 10)

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

a. Transformation in the meaning of “Procedure established by law’ from the decision of

Supreme Court in A.K. Gopalan to Maneka Gandhi Cases.

b. Interface between Right to Live in noise free atmosphere and the right under Art. 19(1)

(a).

6. “The right conferred on the religious and linguistic minorities to administer educational

institutions of their choice is not absolute right. Just as regulatory measures are necessary

for maintaining educational character of minority institutions, similarly regulatory

measures are necessary for ensuring orderly, efficient and sound administration. The right

to administer is not the right to mal-administration. The right to administer implies a

correlative duty to good administration.” In this regard discuss the extent of authority of

State (Government) to control and regulate minority run educational institutions.

(Marks 10)


a. Art.14 and ‘Legitimate expectation.’

b. Test for Reasonable restrictions on the freedoms under Art. 19(1).

*******

I.D. No.___________________


SEMESTER-VIII & X

CLS-Corporate Tax (Hon.-I)





(Marks 2×10=20)

a. Explain the concept of ‘person’ under Income Tax Act in brief.

b. What is the meaning of ‘Business Connection’ under the Income Tax Act?

c. Explain “a company in which the public are substantially interested” in brief.

d. What is ‘assessee’ under the Income Tax Act?

e. Discuss Sec. 79 of the Income Tax Act in brief.

f. What is Double Taxation Avoidance Agreement?

g. What is the meaning of slump sale?

h. What is payment of advance tax by the assessee on his own accord?

i. What is the meaning of resulting company?

j. Describe set off and carry forward of losses of firms in brief.

2. Explain the provisions relating to set off and carry forward & set off losses under different

heads of income under Income Tax Act. (Marks 10)

3. What is the meaning of ‘demerger’ under the Income Tax Act? Describe tax

concession/incentives in case of demerger. (Marks 10)

4. What are the methods commonly used to minimize tax liability? Explain the distinction

among these methods with the help of decided cases. (Marks 10)

5. Describe the procedure for computation and payment of advance tax by the assessee in

detail. (Marks 10)

6. Compute the advance tax payable by B from the following estimated income submitted for

the financial year 2015-16: (Marks 10)

Income from salary before deduction u/s 16 90000

Rent from house property (per annum) 42000

Interest on Government securities 5000

Interest on bank deposit 3000

Agricultural income 40000

No tax is deducted at source by the employer on salary.

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

a. Collection of tax at source on specified products.

b. Collection of tax at lower rate.

*******

I.D. No.___________________


SEMESTER-VIII & X

IPR-Geographical Indications (Hon.-I)





a. Define ‘Geographical Indication, under the Geographical Indications of Goods

(Registration & Protection) Act 1999.

b. Define ‘goods’ and ‘producer of goods’ under the Geographical Indications of Goods

(Registration & Protection) Act, 1999.

c. Explain ‘ Falsifying and Falsely applying geographical indications’

d. Explain ‘homonymous geographical indication’.

e. Distinguish between Geographical Indication and Collective Mark.

f. Distinguish between Geographical Indication and Certification Mark

g. Discuss penalty for applying false geographical indications.

h. Discuss the jurisdiction of court under the GI Act

i. Discuss the grounds for prohibition of registration of geographical indication as trade

mark.

j. Discuss the rights conferred by registration under GI Act.

2. (a) What rights are conferred by registrations of Geographical Indications? How these

rights are protected? (Marks 05)

(b) When is registered Geographical Indications said to be infringed? Who can initiate an

infringement action? (Marks 05)

3. Which law governs protection of Geographical Indications in India and why? Which

International Convention has been the basis of the protection of Geographical Indications?

Clearly bring out the interface between a trademark and geographical indication while

explaining the appellation of origin. Also cite certain examples of geographical

indications. (Marks 10)

4. Discuss the procedure for registration of a Geographical Indication in the light of the

grounds of refusal of the registration of the same. What are the rights conferred by the

registration and what are the remedies available against infringement of Geographical

Indications? (Marks 10)

5. “Certain geographical names have acquired a lot of importance in the commercial market,

particularly with regard to goods uniquely associated with such names”. Discuss in the

context of the International Law relating to Geographical Indications. (Marks 10)

6. Who can apply for the registration of a geographical indication? What is the benefit of

registration of Geographical Indications? Who is a registered proprietor of a Geographical

Indication? Explain. (Marks 10)


a. Constitution, Power and function of Appellate Board under the GI Act.

b. Authorised User and Procedure for registration of an Authorised User under GI Act.

c. Duration, Renewal, Restoration and Cancellation of Geographical Indications under

GI Act. *******

I.D. No.___________________


SEMESTER-VIII & X

T&I- International Commercial Law (Hon.-I)





(Marks 2×10=20)

a. EXW

b. FOB

c. CFR

d. DDP

e. FAS

f. Revocable and Irrevocable letters of Credit

g. Sight and Differed Payment

h. Party autonomy in e commerce

i. Principle of competence –competence

j. Applicability of CISG

2. On January 1 a buyer from Contracting state A of CISG sends the following telex to the seller

B from contracting state of CISG, “I will buy from you 500 four ounce bottles of your

perfume at American $ 35 per bottle. As this offer is $ 5 over the wholesale price per bottle,

I’m sure that you will accept. If we do not hear otherwise from you by January 5, we will

accept delivery by January 10. ” (Marks 1+1+7+1=10)

a. The seller does not respond by January 5. Is there a Contract?

b. The seller ships the bottles on January 2, on January 3, the buyer calls the seller and says,

“I revoke my offer.” The bottles arrive on January 10. The buyer refuses to accept the

shipment on the ground that the offer was revoked before an indication of assent-the

shipment-by the seller reached the buyer. Is the buyer in breach?

c. Suppose that the buyer had put in telex, “any dispute under this agreement shall be settled

by arbitration in country A. payment by confirmed irrevocable letter of credit.” On

January 6 the seller notifies the buyer by e-mail, “Okay. We can do the shipment. I will

draw up a written confirmation and send it to you with the shipment.” The buyer

establishes the letter of credit and the shipment arrives but the seller’s written

confirmation mentions nothing about the arbitration. Is there a contract? Is arbitration part

of a contract? Discuss with the help of relevant case law.

d. Suppose after receiving the offer under question (c) the seller immediately replies with e-

mail that “all terms accepted except arbitration clause”. Is there a contract?

3. The general rule under article 79 of CISG gives exemption from liability to the party for

failure to perform the obligation due to the impediment that could not be taken into account

by him or could not have avoided or overcome such impediment or its consequences.

However, the liability varies based upon different circumstances such as force majeure and

hardship in different legal systems. It is a settled law now that the CISG recognizes force

majeure and hardship as the impediment under article 79.

On the basis of given information answer the following (Marks 1-4-5)

a. Define and distinguish between force majeure and hardship

b. What are the relevant thresholds of hardship?

c. Consequences of force majeure and hardship under CISG?

4. Discuss the development of Conventions on Carriage by sea. Also discuss the rights and

liabilities of Carrier under the Hague-Visby rules. (Marks 10)

5. Discuss the jurisdiction, appointment, powers and functions of Arbitration tribunals under

UNCITRAL Model law on International Commercial arbitration. Use the case laws when

necessary. (Marks 10)

6. What is mean by Documentary Credit? Discuss the Rights and Obligations of Applicant and

Beneficiary in the Documentary Credit Transactions. (Marks 10)

7. Write note on:- (Marks 5×2=10)

a. Fundamental breach of Contract

b. Scope and significance of UNIDROIT Principles of International Commercial Contract.

*******

I.D. No.___________________


SEMESTER-VIII

Cr. L.- Socio Economics Offences (Hon.-I)





a. Define Socio-Economic Offences.

b. Do you think means rea is required for socio-economic offences? Discuss.

c. ‘Dowry’ is an offence under the Indian Penal Code, 1860. Explain.

d. ‘Adulteration in Food is an Offence’ Discuss the nature of its offence.

e. Discuss the law relating to abetment of offence under the Protection of Civil Rights Act,

1955.

f. ‘Untouchability is prohibited under the Protection of Civil Rights Act, 1955.

g. Discuss the liability of whole sellers and distributers under the Food Safety and

Standards Act, 2006.

h. Discuss in brief the investigation procedure for the cases related to corruption.

i. ‘Right to Private Defence against human body is available in cases of acid attack.’

Explain.

j. Discuss law relating to Black marketing of essential Commodities in India.

2. Socio-Economic Crimes are great threat for India. Critically evaluate the efficiency of

various statutory provisions, which have been enacted for the prevention of socio-

economic crimes. (Marks 10)

3. Food adulteration is great challenge for Indian Society. Referring relevant statutory

provisions discuss the social and legal measures which are necessary for the prevention of

Food adulteration. (Marks 10)

4. ‘Dowry is a Societal be of’ referring various statutory provisions relating to Dowry

critically evaluate its effectiveness. (Marks 10)

5. What do you understand by the term Immoral Trafficking? Referring statutory provisions

made for the prevention of immoral Trafficking discuss the role of Indian Supreme Court

in prevention of Immoral Trafficking. (Marks 10)

6. What are various factors which are responsible for corruption? Referring statutory

provisions discuss what kinds of social and legal measures are required for the Prevention

of Corruption. (Marks 10)

7. What are new emerging social Crimes? Critically evaluate the efficacy of statutory

provisions made for the prevention of emerging social crimes. (Marks 10)

*******

I.D. No.___________________


SEMESTER-II

Political Thought (Major)





(Marks 2×10=20)

a. Who are sophists?

b. What is Plato’s Communism?

c. Aristotle’s views on slavery

d. What is Leviathan?

e. Locke’s Social Contract

f. What is Utilitarianism?

g. Panchsheel

h. Gram Swaraj

i. Non-Alignment

j. Ambedkar’s role in Constitution making?

2. Explain the Aristotle’s typology of good and perverted constitutions?

(Marks 10)

3. Why John Locke is regarded of the ‘father of liberalism’? Discuss.

(Marks 10)

4. Discuss the concept of Rousseau’s popular sovereignty.

(Marks 10)

5. Discuss Machiavelli as a Modern Thinker.

(Marks 10)

6. Explain J.S. Mills’s concept of liberty.

(Marks 10)

7. Write short notes on the following:

a. Hobbes’s views on human nature. (Marks 5×2=10)

b. Nehru’s democratic socialism.

*******

I.D. No.___________________


SEMESTER-IV

Public International Law





a. Basis of International Law.

b. Termination of treaties

c. Modes of loss of nationality.

d. International custom.

e. Distinction between recognition of insurgency and belligerency.

f. Calvo clause

g. Nationality of a married woman.

h. Asylum in legation.

i. Extradition and Deportation

j. Manila Declaration 1982

2. Define International Law. How far do you agree with the view that “international law is a law

but is a week law as compared municipal law”? Give reasons in support of your answer.

(Marks 10)

3. Discuss the importance of “general principal of law recognized by civilized nations” as a source

of International law (Marks 10)

4. Define recognition and state the legal effect of recognition. With the help of decided cases

differentiate between de facto and de jure recognition. (Marks 10)

5. What do you understand by State Jurisdiction? Discuss the limitations on territorial jurisdiction

in International Law. (Marks 10)

6. Elucidate the meaning and purpose of Extradition. Is Extradition a legal duty of a State?

Discuss. (Marks 10)

7. Discuss the merits and demerits of arbitration as a technique to settle international disputes.

How has the international law regulated the recourse to arbitration by the disputing parties?

Discuss with the help of some important arbitral awards. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VI

Intellectual Property Rights





(Marks 2×10=20)

a. Administrative remedy for the infringement of copyright

b. Licensing of trademarks

c. Government use of patent

d. Effect of registration of a geographical indication

e. Meaning of variety and extant variety under Protection of Plant Varieties and Farmer’s

Rights Act, 2001

f. Salient features of Berne Convention, 1886

g. Meaning and significance of intellectual property

h. Definition of artistic work

i. Doctrine of honest concurrent user

j. Revocation of patent

2. Answer the following: (Marks 7+3=10)

a. “To claim copyright in a compilation the author must produce a material with exercise

of his skill and judgment which may not be creativity in the sense that it is not novel or

non-obvious but at the same time it is not the product of merely labour and capital.”

Discuss.

b. Discuss the fair dealing provisions under the Copyright Act, 1957.

3. What do you mean by well-known trademark? Discuss the law relating to infringement of

trademark and remedies for infringement. How is the remedy of passing off different from

the remedy for infringement? (Marks 2+6+2=10)

4. What are not inventions under the Patent Act, 1970? Also discuss exceptions to

infringement of patent. (Marks 5+5=10)

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

a. Rights of patentee

b. Procedure for registration of trademark

c. Offences under the Copyright Act, 1957

6. Explain the procedure for registration of plant variety. Also discuss the concept of benefit

sharing under the Protection of Plant Varieties and Farmer’s Rights Act, 2001 (Marks 5+5=10)


a. Ground on which registration of a geographical indication may be denied.

b. Salient features of the Designs Act, 2000.

c. Intellectual Property Appellate Board.

*******

I.D. No.___________________


SEMESTER-II

Indian Economy





a. Gross National Product

b. Human Development Index(HDI)

c. Balance of Payment

d. Disguised unemployment

e. Industrial Sickness in India

f. Foreign Direct Investment (FDI)

g. Direct Tax

h. Public Revenue

i. Agricultural Labour

j. Natural Resources

2. Explain the features of Indian economy as an underdeveloped and developing economy.

(Marks 10)

3. What are the causes responsible for low agriculture production in India? Discuss various

policy measures undertaken by government to increase the agriculture production in India.

(Marks 10)

4. Explain the importance of small scale industries in economic development of India. What

steps have been taken by the government of India to promote these industries? (Marks 10)

5. Explain the reasons for the increase in public expenditure in India in recent years. Discuss the

effects of public expenditure on production and distribution in India. (Marks 10)

6. What do you mean by poverty? Briefly discuss the steps undertaken by government to

eradicate poverty in India. (Marks10)


a. Capital Market in India

b. Sustainable Development

c. Finance Commission

*******

I.D. No.___________________


SEMESTER-IV

Environmental Law





a. What is the meaning of “Environmental Pollutant” under the Environment Protection Act,

1986?

b. What are the fundamental principles of International Environmental Law?

c. Explain the impact of Rio Declaration, 1992 in development of International

Environmental Law.

d. Examine the link between Article 19 of Indian Constitution and environmental concern in

the light of judicial decisions.

e. Explain the role of polluter pays principle as a tool of environmental Protection.

f. Explain the nature of Environmental Law.

g. Discuss Inter-Generational Equity.

h. What do you mean by Protected Forests under the Indian Forest Act, 1927?

i. What is the definition of ‘Water Pollution’ under The Water (Prevention and Control of

Pollution) Act, 1974?

j. What is COP?


a. Environmental Protection in ancient tradition and culture.

b. Protection of environment during post-independence period with special reference to

Tiwari Committee.

c. Salient features of the Biological Diversity Act, 2002.

3. Critically examine the fallowing (Marks 52=10)

a. The Environment (Protection) Act, 1986 is described as a cobra that is seemingly fierce

but has no venom in its fangs.

b. Working of National Green Tribunal.

4. Explain the following (Marks 52=10)

a. Explain the interface between trade and environment with special reference to WTO.

b. Explain the relationship between Law of Torts and Environmental Protection with

reference to environmental Torts.

5. Explain the concept of sustainable development in the light of The Brundtland Commission

and Rio Declaration, 1992. And also discuss the legal states of sustainable development in

India.(Marks 10) (Marks 10)

6. Explain the following:- (Marks 52=10)

a. Discuss the dynamic interpretation of Article 21, Article 48 A and Article 51 A (g) by

Supreme Court of India in the context of environmental protection.

b. Noise Pollution Regulation and Control Rules, 2000.


a. The salient features of the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006.

b. The salient features of Biomedical Waste Management and Handling Rules, 1998.

c. The relevant provisions of Indian Penal Code in relation to environmental Protection.

*******

I.D. No.___________________


SEMESTER-VI

Public Policy Process (Major)





(Marks 2×10=20)

a. What is the scope of public policy?

b. What is incremental model of public policy?

c. What are the features of Neutral Bureaucracy?

d. What do you mean by bounded rationality?

e. What are the stages of policy making?

f. What do you mean by regulatory policies?

g. What is the need for policy evaluation?

h. What are the stages in policy analysis?

i. How does caste affect policy implementation?

j. Discuss the role of mass media in policy formulation.

2. Critically discuss the role of judiciary in policy making in India. (Marks 10)

3. What are the impediments for public participation in policy making? (Marks 10)

4. Critically examine the role of Bureaucracy in policy implementation and offer solutions to

make it more effective. (Marks 10)

5. ‘Often there is a gap between policy making and implementation’. Explain the statement with

adequate examples. (Marks 10)

6. Discuss the relevance of Distributive policy. (Marks 10)


a. Taylorism

b. Committed Bureaucracy

c. Policy Universe.

*******

I.D. No.___________________


SEMESTER-VIII & X

CG-Fundamental Rights and Its Enforcement (Hon.-II)





(Marks 2×10=20)

a. Doctrine of Eclipse

b. Abolition of untouchability

c. Res extra commercium

d. Ex-post facto laws

e. Right against solitary confinement.

f. Equal pay for equal work

g. Exclusion of creamy layer from Backward Classes.

h. Regulation of Economic and Financial activities associated with religion practices.

i. Locus-standi

j. Agency and instrumentality of the State.

2. ‘‘Procedure established by law’’ under Art. 21 does not mean merely an enacted piece of law

but must be just, fair and reasonable which embodies principles of natural justice. Discuss.

(Marks 10)

3. “Preventive Detection laws are repugnant to democratic constitution and they are not found in

any democratic countries of the world. No country in the world has made these laws integral

part of the constitution as has been done in India and it is justified to prevent the abuse of

freedom by anti-social and subversive elements which might imperil the national welfare of

the infant republic.” In this context discuss the need and importance of Preventive Detention

laws along with the constitutional safeguards against these laws. (Marks 10)

4. “Equality is a dynamic concept with many aspects and dimensions and it cannot be cribbed,

combined and confined within traditional and doctrinaire limits. In fact equality and

arbitrariness are sworn enemies; one belong to the rule of law in a republic while the other to

the whim and caprice of an absolute monarch. Where an act is arbitrary, it is implicit in it that

it is unequal both according to political logic and constitutional law and is therefore violative

of Article 14.” In the light of above statement, discuss the new concept of equality under Art.

14. (Marks 10)

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

a. Suspension of right of enforcement of fundamental rights during emergency.

b. Writ of quo-warranto.

6. “Freedom to air ones views is the lifeline of any democratic institution and any attempt to

stifle, suffocate or gag this right would sound a death knell to democracy and would help the

usher in autocracy or dictatorship.” In this context discuss the freedom of press as

fundamental right under Art. 19(1) (a) of the Indian Constitution. (Marks 10)

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

i. What are the guidelines issued by Supreme Court of India to state authorities for

protecting the economic, social and humanitarian rights of millions of children

working illegally in public and private sector in case of M.C. Mehta v. State of Tamil

Nadu, AIR1997SC699?

ii. What is the extent of interference of the Government to control and regulate

minority educational institution established under Art.30 of Indian Constitution?

*******

I.D. No.___________________


SEMESTER-VIII & X

CLS-Corporate Tax (Hon.-II)





a. What are the two clauses to determine residential status of company in India?

b. What do you understand by term “assesse”?

c. What is Tax on Distribution Profit?

d. What is the concept of MAT Credit?

e. Explain the difference between tax avoidance and tax evasion.

f. Advantages given to Partnership under the Income Tax Act.

g. Is there any advantage given to newly established company in the Income Tax Act?

h. What do you understand by the term “demerger” under the Income Tax Act, 1961?

i. What do you mean by term “company”?

j. Discuss the concept of “unabsorbed depreciation”.

2. Indian Government is always taking positive steps regarding development of corporate sector.

What are the privileges regarding tax implication on the basis of location of business. Discuss

with the help of various provisions. (Marks 10)

3. Business restructuring is regulated by various laws in India; provisions regarding the same can

be witnessed in the Income Tax Act, 1961 also. Explain the ambit of amalgamation in the

Income Tax Act, 1961, is it same as other reconstruction laws. Also explain the various

transfers with regard to amalgamation which are not considered as capital gains.

(Marks 10)

4. Explain the concept of Advance Payment of Tax along with provisions and case laws, if

required. X Ltd. has decided to pay advance payment of tax for the financial year 2016-17. It

has estimated its income as 5 crores. Compute the advance tax for the company.

(Marks 10)

5. Double taxation should always be avoided as if it is done, it will be arbitrary. What are the

protections given in Income Tax Act, 1961 regarding the avoidance of double taxation?

(Marks 10)

6. Explain the concept of Tax Planning and Management. (Marks 10)


a. Tax regarding transfer of assets between holding and subsidiary companies

b. Tax Structure in India regarding Companies

c. Receipt and accrual of income

*******

I.D. No.___________________


SEMESTER-VIII & X

IPR-Geographical Indications (Hon.-II)





a. Define ‘Geographical Indication’.

b. Does Geographical Indication help to the cause of rural development? Discuss.

c. Distinguish Geographical Indication from Collective Marks.

d. What do you mean by ‘False Geographical Indication’?

e. Define ‘Homonymous Geographical Indication’.

f. Who is the ‘Producer of Geographical Indication’ under the G.I. Act, 1999?

g. “The meaning of ‘origin’ as used in TRIPs goes back to the definition of “appellation of

origin” set out in the Lisbon Agreement”. Discuss.

h. What are the differences between Trade Marks and Geographical Indications?

i. What are the salient features of Lisbon Agreement, 1958?

j. What are the rights conferred by registration of a geographical indication under

Geographical Indications Act, 1999?

2. “Traditional Knowledge and Geographical Indications share a common element in so far as

they both protect accumulated knowledge typical to a specific locality. While traditional

knowledge expresses the local traditions of knowledge, Geographical Indications stand for

specific geographical origin of a typical product or production method”. Discuss. Also explain

the importance of Geographical Indication as a mean to preserve traditional knowledge.

(Marks 10)

3. “While economic concerns plainly loom large in the debate over Geographical Indications, the

effect to entrench Geographical Indication protection in international law also draws strength

from more diffuse concerns about authenticity, heritage and locality in a rapidly integrating

world”. In the light of above statement, discuss the evolution of law relating to protection of

Geographical Indications at international level. (Marks 10)

4. Discuss the law relating to registration of Geographical Indications under the G. I. Act, 1999.

Does quality of goods play any significant role in giving protection to geographical

indications under Geographical Indication of Goods (Registration & Protection) Act, 1999?

(Marks 10)

5. Discuss the law relating to the duration, renewal, revocation and cancelation of geographical

indication as provided under Geographical Indication of Goods (Registration & Protection)

Act, 1999. (Marks 10)


a. The grounds on which registration of geographical indication may be denied under the

Geographical Indications of Goods (Registration & Protection) Act, 1999.

b. Offences and penalties under the Geographical Indications of Goods (Registration &

Protection) Act, 1999.

7. “The TRIPs Agreement obliges WTO members to directly implement the Agreement

provisions into existing national legislation. Even so, members were allowed to choose the

appropriate ways for implementation; as a result, geographical indications implementation has

occurred in the most diverse and uncoordinated manner”. Examine the above statement. Also

discuss the distinction between registration and non-registration systems for the protection of

geographical indications. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VIII & X

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





a. CIP

b. CPT

c. DAT

d. DAP

e. FAS

f. Red Clause and green Clause letters of credit

g. Issuing bank and Nominated Bank

h. Successive and actual carrier-meaning

i. Hardship and force majeure –meaning

j. List the immunities available to carrier under Hague-Visby rules

2. Ms. X a fashion designer from country A, in an urgent need to supply designer dresses to her

customer on finding that the sieving machines are broken down calls her regular supplier, the

seller of those machines from country B either to repair or replace the machines. The agent of

the seller on finding that the machines are irreparable makes the call to the seller for sending

the machines right in front of her, and on delivery of the machines he replaces the same,

during the entire transaction between the Ms. X and the agent of seller Y no agreement was

made regarding the price of the machines. Also, during the course of entire month when the

transaction was carried Ms. X also asked for the guarantee letter of the machines she

purchased. On presenting the bill of those machines and demanding the payment, the Ms X

denied that the contract was validly concluded between them under CISG, both the countries

being the contracting states and rejected to pay the bill amount.

a. On the basis of given fact determine whether the contract was validly concluded between

the parties?

b. Also discuss with the help of relevant case laws and views of the scholars, whether the

open price contract are valid contracts under CISG? (Marks 3+7=10)

3. The UN Convention on electronic communication in International Contract is based upon the

UNCITRAL Model Law on Electronic Commerce and UNCITRAL Model law on Digital

Signature; however, there are many differences between the Model law on electronic

commerce and the convention. Give explanation. (Marks 10)

4. What is mean by Documentary Credit? Discuss the various types of Documentary credit. Also

discuss the rights and obligations of various banks involved in the transaction of documentary

credit. (Marks 10)

5. Discuss the development of Air Carriage conventions. Give the Rights and Liabilities of

Carrier and the consignor under these conventions. (Marks 10)

6. Discuss the various security and privacy issues involved in both B2B and B2C electronic

commerce transaction. (Marks 10)

7. Write notes on:- (Marks 5×2=10)

a. Marine Insurance

b. Specific performance under CISG

*******

I.D. No.___________________


SEMESTER-VIII

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





a. Mens Rea is an essential element of crime unless it is excluded by the statute. Comment.

b. The act of preparation is punishable under the Indian Penal Code, 1860. Discuss in Brief.

c. Distinguish between Abetment to Conspiracy and Criminal Conspiracy.

d. What do you understand by the term Criminal Justice System?

e. “No person shall be compelled to be a witness against himself” Comment.

f. Discuss some important rights of children provided under UN Convention on Rights of the

Child, 1989.

g. Discuss Reformative Theory of Punishment.

h. Victim Compensation is an effective rehabilitation method. Comment.

i. Who is Victim of Crime? Explain in brief.

j. Child abuse is a big challenge in protection of Human Rights.

2. What are various stages in commission of Crime? Referring case laws distinguish between

Preparation and Attempt. (Marks 10)

3. ‘Custodial Violence is a big Challenge in Protection of Human Rights.’ In the light of judicial

pronouncements discuss Human Rights of Prisoners. (Marks 10)

4. ‘Death penalty is like codified revenge on the part of State.’ In the light of this statement

discuss the principle of Rarest of rare cases. (Marks 10)

5. Discuss Deterrent theory of Punishment. Do you think that ‘Death Penalty’ should be

abolished? Comment. (Marks 10)

6. ‘A Victim of Crime has right to get Compensation’ in the light of this statement discuss the

role of Indian Supreme Court regarding compensation to the Victim of Crime. (Marks 10)

7. ‘Indian Prison System needs to reform’ Discuss the role of various committees constituted on

reform of Prison System in India. (Marks 10)

*******

I.D. No.___________________


SEMESTER-II

Family Law-I





a. Who is Hindu?

b. Discuss various sources of Hindu Law.

c. What do you understand by the term ‘Spinda’ and ‘Sgotra’.

d. Explain the meaning of Restitution of Conjugal rights.

e. Distinguish between void marriage and voidable marriage under Hindu Law.

f. Discuss two primary sources of Muslim Law.

g. Explain Shia School of Law in brief.

h. What are legal impediments to Muslim marriage? Discuss in brief.

i. What is difference between specified dower and unspecified dower?

j. What is Muta marriage?

2. ‘Hindu marriage is a sacrament not a civil contract’ in the light of statutory provisions

discuss the nature of Hindu Marriage. (Marks 10)

3. Discuss various grounds of divorce under the Hindu Marriage Act, 1955 with special

emphasis to cruelty. Refer relevant cases also. (Marks 10)

4. Explain various theories of Divorce. How far these theories have got recognition in the

Hindu Marriage Act, 1955? Discuss. (Marks 10)

5. Discuss in detail various schools of Muslim Law. How far Sunni Law is different from

Shia Law with regard to ‘Nikah’? Discuss. (Marks 10)

6. What do you mean by the term Khyar-ul-bulugh (Option of Puberty)? Discuss the

essentials of a valid marriage under Muslim Law. (Marks 10)

7. Discuss prompt dower and deferred dower in brief. Explain enforcement of the Right of

Dower of Muslim wife under Muslim Law. (Marks 10)

*******

I.D. No.___________________


SEMESTER-IV

Labour Law-I





a. Define ‘Public Utility Services’ under Industrial Disputes Act, 1947.

b. Define ‘Collective Bargaining’ and explain its merits and demerits.

c. Define ‘Industry’ under Industrial Disputes Act, 1947.

d. Explain problems of Trade Unions in India.

e. Explain the role of Trade Unions in Social Justice.

f. Discuss ‘Award’ and ‘Settlement’ Under the Industrial Disputes Act, 1947.

g. Discuss Voluntary Arbitration under Industrial Disputes Act, 1947.

h. Explain ‘Appropriate Government’ under the Industrial Disputes, Act, 1947.

i. Explain the grounds for cancellation of a certificate of Registered Trade Union under

Trade Unions Act, 1926.

j. Define ‘Employer’ under the Industrial Employment (Standing Orders) Act, 1946.

2. (a) Write the various internal and external factors that affects the Industrial Relations.

(b) Discuss the role of ILO in promoting the Collective Bargaining. (Marks 5+5=10)

3. Define ‘Industrial Dispute’ under the Industrial Disputes Act, 1947. Explain when an

‘Individual Dispute’ becomes an Industrial Dispute under the Industrial Disputes Act,

1947. (Marks 10)

4. Critically examine the provisions relating to the procedure laid down under the Industrial

Employment (Standing Orders) Act, 1946 for certification and modification of standing

orders. What are the matters on which the standing orders are to be framed? (Marks 10)

5. Enumerate the various Authorities constituted under the Industrial Disputes Act, 1947 for

preventing and settlement of industrial disputes and briefly explain the powers and duties

of these Authorities under the Act. (Marks 10)

6. (a) Discuss the mode of registration of Trade Union under the Trade Unions Act, 1926.

Does such registration provides any advantages to the Trade Union? (Marks 05)

(b) Critically examine the rights and liabilities of registered Trade Unions under the

Trade Unions Act, 1926. (Marks 05)


a. Retrenchment

b. Strikes and Lockouts

c. Workman

*******

I.D. No.___________________


SEMESTER-VI

Corporate Law-II





a. What is Director’s Identification Number?

b. What do you mean by Corporate Governance?

c. What is Class Action Suits under the Companies Act, 2013?

d. What do you mean by declaration of Solvency?

e. Is there any difference between shareholders and contributors?

f. What are the powers and functions of Managing Director in a company?

g. What are the qualifications for the appointment of Director in a public company?

h. Distinguish between winding-up and dissolution of company?

i. On what grounds Registrar of companies may initiate winding-up procedure?

j. Whether appointment of a woman Director is compulsory under the Act?

2. What is Winding-up? What are the various modes for winding-up of a company under the

Companies Act, 2013? (Marks 10)

3. Explain the rule lay down in case of Fossv. Harbottle (1845) Ch 319. Discuss also about

exceptions of this rule. (Marks 10)

4. Discuss the modes of appointment and removal of Directors of company under the Companies

Act, 2013. Whether a legal person may be appointed as a Director? (Marks 10)

5. What is Corporate Social Responsibility? Discuss Corporate Social Responsibility activities

as provided under the Companies Act, 2013. (Marks 10)

6. What steps has been taken by the Companies Act, 2013 for the protection against

Mismanagement? (Marks 10)

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

a. Power and functions of Liquidators.

b. Principles and Policies of Corporate Governance.

c. Role of Central Government in Corporate Abuses.

*******

I.D. No.___________________


SEMESTER-VIII & X

Media & Law (Opt.-I)





a. Qualified Privileges

b. Privacy and Electronic Media.

c. Commercial speech

d. Pre-censorship of press.

e. Right to broadcast.

f. Role of advertisement in press.

g. Right to information under Indian Constitution

h. Public order as a ground of restriction under Article 19(2) of the Constitution.

i. Parliamentary privilege and media.

j. Fair comment as an exception of defamation.

2. Critically examine the concept of government control on mass media with special reference to

electronic media. Refer to case laws. (Marks10)

3. Explain commercial advertisement under Art. 19 (1) (a) of the Constitution with the help of

decided cases. (Marks 10)

4. What are the defences available to a journalist in an action for defamation? Evaluate the legal

provision related to defamation in India with the help of decided cases. (Marks10)

5. ‘There can be no uniform test of obscenity and that each case would have to be judged on it’s

own facts’. Write a note on the decency and morality as a reasonable restriction on freedom of

speech in the light of this statement. (Marks 10)

6. Critically evaluate the impact of contempt of court on freedom of press. Give your answer with

the help of decided cases. (Marks 10)

7. The Right to Information Act 2005 makes an attempt to ensure dissemination of information

through easy and effective method. Point out the salient features of the Act in the light of the

statement. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VIII & X

Women & Law (Opt.-I)





a. Status of women under the Muslim law relating to adoption.

b. Maintenance under section 125 of Cr.P.C. and personal laws.

c. Gender disparity in law relating to inheritance under personal laws.

d. Role of BrahmoSamaj in liberation of women in India.

e. Effect of the Sati Prevention Act.

f. Procuration of minor girls.

g. Role of Protection officers under the Protection of Women from Domestic Violence

Act, 2005.

h. Meaning of dowry death and punishment for it.

i. Law relating to Maternity relief.

j. Legal consequences of commercial surrogacy.

2. Write a note on social reform movements in pre constitutional period with reference to Hindu

and Muslim women. How far do you think that these social reform movements became the

foundation for further initiatives towards the legal reforms in India? Give illustrations.

(Marks 10)

3. “It seems that women in India under Hindu, Muslim and Christian laws continue to suffer

discrimination and inequality in the matter of marriage, divorce, guardianship, succession and

inheritance. So as a step towards the gender just code, the personal laws of various

communities in India need a closer look and reform, not only in compliance with the Indian

constitution but also as per the spirit and demand of International law.” Discuss. (Marks 10)

4. Discuss as to what extent the provisions of International Covenant on Economic, Social and

Cultural Rights cast an obligation on the Indian state for taking step to recognize the right of

fair conditions for work, to protect the women from sexual harassment at work places and to

make its laws gender sensitive. (Marks 10)

5. Make an evaluation of unequal position of women with reference to succession and

inheritance under Hindu, Muslim and Christian personal laws. (Marks 10)

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

a. The efficacy of the law relating to domestic violence in India.

b. Role of corrective institutions and protective homes under the Immoral Traffic

(Prevention) Act, 1956

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

a. How far do you think that National Commission for Women in India has been

successful in achieving the object for which it was established?

b. Discuss the relevant provisions of labour and industrial laws relating to women.

*******

I.D. No.___________________


SEMESTER-VIII & X

Law of Insurance (Opt.-I)





a. A law teacher keenly interested with the law students, wants to insure the life of the law

students. Can it be done?

b. A made a proposal to an insurance company for an insurance policy on his life for Rs.

10,00000. He truthfully answered all questions on the proposal form and disclosed all relevant

facts. A few days later but before the proposal was accepted by the company he died of heart

attack. Is the insurance co. liable?

c. Discuss nationalization of insurance business in India.

d. Discuss dictum established in Asha Goel v. L.I.C.

e. Discuss Pink v.Flemming’s case.

f. What do you mean by assignment and nomination of insurance policy?

g. What are sea perils?

h. Discuss the meaning of the word fire.

i. What do you mean by days of grace?

j. Discuss whole life and endowment policy.

2. “Contract of insurance is a perfect contract of indemnity” but all contracts of insurance are not

contracts of indemnity. Discuss. (Marks 10)

3. Discuss the history and development of insurance system in India. (Marks 10)

4. Insurance contract is based upon the rocky foundation of the doctrine of

‘uberrimaefidei’.Discuss. (Marks 10)

5. Define reinsurance and distinguish reinsurance from double insurance. (Marks 10)

6. Subrogation and contribution are two necessary corollaries of the principle of indemnity.

Discuss. (Marks 10)

7. Explain the nature and scope of marine insurance and also discuss different kinds of marine

insurance policies. (Marks 10)

*******

I.D. No.___________________


SEMESTER-VIII & X

WTO (Opt.-I)





a. International Trade Organization

b. Nation treatment principle

c. Qualitative restrictions.

d. Anti-dumping.

e. Like products.

f. Process to obtain membership of WTO.

g. Definition of subsidy.

h. General exception under Article XX of GATT.

i. Safeguard for balance of payment.

j. Material injury test.

2. Explain the procedural and substantive requirements for imposition of countervailing

measures against subsidization. (Marks 10)

3. Discuss the law relating to determination of dumping and explain the concept of dumping

margins with special reference to the price comparison. (Marks 10)

4. Discuss the Dispute Settlement Process under GATT, 1947. How far do you think that

Dispute Settlement Mechanism under WTO is more effective than GATT. Give reasons for

your answer.(Marks 10) (Marks 10)

5. Why does Article XI of GATT eliminate quantitative restrictions (quotas) on imports and

exports? Also discuss the exceptions of this rule with special focus on agricultural products

and balance-of-payment. (Marks 10)

6. What does most favored nation treatment mean? Discuss the rule relating to identification of

the country of origin for imported goods. (Marks 10)

7. Explain the following:- (Marks 25=10)

a. Law relating to Security Exceptions under Article XXI of GATT.

b. The objective and functions of WTO.

*******

I.D. No.___________________


SEMESTER-VIII

Indirect Tax (Opt.-I)




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

a. Distinguish between ‘zero rated sale’ and ‘exempted sale’.

b. What is Input Tax?

c. What is Specific Duty?

d. Distinguish between selective tax and comprehensive tax.

e. Explain ‘Bundled Service’.

f. Distinguish between Protective Duty and Safeguard Duty.

g. What is Customs Area?

h. Explain non-vat goods.

i. What are the due dates for filing returns of Service Tax

j. What is consignment of goods?

2. With effect from 1.7.2012, all services except those in negative list have been brought in the

tax net. In the light of this statement explain meaning of the term service as inserted in the

Finance Act, 1994 by the Finance Act, 2012. (Marks 10)

3. (a) Explain taxable event for levy of customs duty on import. (Marks 06)

Mr. X imports certain goods from England. The goods enter the Territorial Waters of India

on March 27, 2016 and cross the customs barrier on April 10, 2016. Government increases the

rate of Customs Duty from April 1, 2016. Mr. X pleads that import of the goods was complete

on March 27 when the goods entered the Territorial Waters of India and hence he was not

liable to pay Customs Duty on increased rate. Decide referring to relevant cases.

(b) Distinguish between Inter State Sales and Sales outside the State. (Marks 04)

4. (a) Explain Declared Goods and its importance. (Marks 04)

(b)Explain the basic features of Customs Duty. Is duty on export is a Customs Duty?

(Marks 06)

5. (a) Distinguish between manufacture and production. (Marks 04)

(b) What is works contract? (Marks 06)

6. (a) State the circumstances when Service Tax is payable by service receiver. (Marks 04)

(b) State whether Excise Duty can be levied on the followings:-

i. Wastes and by-products generated during manufacture.

ii. Assembling parts of paper making machine at the site of paper mill and fixing it.

iii. Installing lift in a building. (Marks 06)

7. (a) Explain with reference to Customs Act, 1962 the significance of Indian Customs Waters.

(b) State if following will be added in the transaction value for levy of Excise Duty:-

i. Interest charged by manufacturer from the buyer for delayed payment.

ii. Packing charges

iii. Charges for servicing and warranty (Marks 4+6=10)

*******

Documents

I.D. No. END TERM EXAMINATION, MAY - 2016 - Hidayatullah National Law … End Term - Jan. to April 2016.pdf · analysis of this statement made by Karl Marx. (Marks 10) 4. “The division