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I.D. No.

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End Term Examination, November-2012


SEMESTER I (LL.M.)
GENERAL PRINCIPLES OF CORPORATE LAW
Max. Marks: 50 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. When there are persons conducting the affairs of the company in a manner which
appears to be perfectly consonant with the Articles of Association, then those so dealing
with them, externally, are not to be affected by any irregularities which may take place
in the internal management of the Company
In the light of the above observation, state the meaning of Doctrine of Indoor
Management. Under what circumstances is the Doctrine of Indoor Management not
applicable? Discuss with cases.

2. A good company delivers excellent products and services, and a great company does all
that and strives to make the world a better place.
In the light of the above statement, enumerate the Responsibilities/Obligations of
Corporations towards the Society in the context of the present world. Citing some
examples.

3. The Courts will not, in general, intervene at the instance of shareholders in matters of
internal administration, and will not interfere with the management of the company by
its directors so long as they are acting within the powers conferred on them under
articles of company. Moreover, if the directors are supported by the majority
shareholders in what they do, the minority shareholders can, in general, do nothing
about it.
From the above observation, explain the rule of Supremacy of the Majority of
shareholders as applied in managing a company. Are there any exceptions to this rule?
If so, explain.

4. It is widely prevalent and followed that: A Corporate has No soul to damn, and No body
to kick.
In the light of the above statement, explain whether the Corporations are criminally
liable or not, justify your answer with the help of decided cases.

5. Explain the concept the Corporate Governance and its significance in the present day
Corporate World. Cite some recommendations of J. J. Irani Committee in this regard.

6. Write short notes on any TWO of the following:


i) Constructive Notice
ii) Effects of Ultra-vires transactions
iii) Audit Committee
iv) Corporate Personality

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III (LL.M.)
CORPORATE TAX
Max. Marks: 50 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. What do you mean by income? Explain What do you mean by Receipt and
Accrual of Income with illustration. (Marks 10)
2. What do you mean by : (With illustration ) (Marks 10)
a) Carry forward & Set off of Business losses.
b) Depreciation
c) Location & forms of Business.
3. Explain the dividend policy in India as tax on distribution of profit of the
Companies. (Marks 10)
4. Explain : (Marks 10)
a) Double taxation
b) Advance Payment of tax.
c) TDS
d) PAN
5.
a) Explain Tax planning and Tax Management with illustration. (Marks 4)
b) Specify whether the following acts can be considered as an act of (Marks 6)
i) Tax Management ; or
ii) Tax Planning ; or
iii) Tax Evasion.
1) B Ltd. Maintain register of tax deduction effected by it to enable timely
Compliance and shows as business expenditure in its books of accounts.
2) C deposits Rs. 70,000 in PPF account so as to reduce tax payable.
3) P. Ltd Issues a Credit Note for Rs. 60,000 for brokerage payable to Rishi
Who is son of Mr. P. Managing Director of the company. The purpose is to
increase his income from 20,000 to Rs 80,000 and reduce its income
correspondingly.
State reasons for your answer.
6.
a) What are the heads of income and why is it classified into different heads of
income. (Marks 5)
b) Write Notes on : (Marks 5)
i) Income deemed to be received in India.
ii) Surcharge & Education Cess.
iii) Person
iv) PAN v. TAN
v) Deductions v. Exemptions.

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
LAW OF TORTS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
i) What is meant by res ipsa loquitur?
ii) How does a tort differ from a crime?
iii) Which of the following is a specific defence and why:
a. Act of God
b. Truth or Justification
c. Statutory Authority
d. Necessity
iv) Who propounded the principle in the case of Donoghue v. Stevenson?
Briefly narrate the principle also.
v) What is meant by innuendo?
vi) Lloyed v. Grace Smith and Co. is related to which of the following heads?
Explain its meaning
a. Vicarious liability of State
b. Defamation
c. Negligence
d. Vicarious liability
vii) What is Public nuisance ?
viii) What is meant by maxim Ubi Jus Ibi Remedium.
ix) How does libel differ from slander?
x) Can a husband sue his wife or vice versa for the injury caused to him/her?

2.
a) Define Battery. How does it differ from Assault? Explain. (Marks-5)

a) In an auto taxi 7 passengers were travelling where 5 were on the back seat of
the auto and 2 were sitting in front on the drivers seat along with the driver.
The driver was driving at a very high speed and when he took a left turn in
that speed one of the passengers sitting on the drivers seat was thrown out of
the auto taxi and got injured. He filed the case against the auto driver.
Discuss the liability of driver. (Marks-5)

3.
a) What is the distinction between sovereign function and non-sovereign
function? What is the relevance of this distinction for the purposes of the
vicarious liability of the State in the present era? (Marks- 6)
b) A theft was committed in the house of Deendayal. He gave the information to
police that he has suspicion on Ramu (neighbour of Deendayal ). Police
conducted the investigation and arrested Ramu. When the final report was
produced before the Magistrate, Magistrate discharged the accused (Ramu)
because of lack of sufficient evidences. After the discharge, Ramu filed a case
against Deendayal for the tort of malicious prosecution. Decide the liability of
Deendayal. (Marks- 4 )
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4.
a) What is nuisance? How does a private nuisance differ from a public nuisance?
Distinguish between nuisance and tresspass? (Marks-6)
b) A traffic police officer stopped Roni, a 19 years old boy, who was driving his
bike and asked him to produce his driving license and said to him I suspect
you are not possessing a valid license, in front of the other persons. Roni
produces his valid license and filed a case against the police officer for the tort
of defamation. Decide the case. (Marks- 4)

5.
a) Who is a consumer? Whether the person who buys the goods for commercial
purposes can be treated as a consumer under the Consumer Protection Act,
1986? Explain. (Marks-5)
b) What is service under the Consumer Protection Act, 1986? Whether services
provided by a doctor can be covered under this definition? Explain with case
laws. (Marks-5)

6.
a) The defendant in a tortuous litigation sometimes succeeds by pleading
Contributory Negligence even if the injury is largely caused by defendants
negligence.
Examine the above statement in the light of the principles of Contributory
Negligence citing relevant cases. (Marks-4)
b) In a complaint case, an accused was convicted in the Trial Court but the
conviction was set aside in Appeal Court. Decide whether the case is fit for
malicious prosecution or not. In the light of the above also examine the
elements of malicious prosecution. (Marks-6)

7.
a) The general rule is that a man is liable for his acts but in certain cases the
law imposes liability on a man for the acts and defaults of another. Discuss.
(Marks-6)
b) Write short notes on any two of the followings: (Marks-4)
a. Statutory Authority
b. Private Defence
c. Unity theory

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
FAMILY LAW-II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
i) What do you understand by cognate of a Hindu male dying intestate?
ii) Explain full blood, half blood and uterine blood relationships.
iii) What is the effect of registration of an adoption under the Hindu Adoption
and Maintenance Act, 1956?
iv) What is the effect of a Hindu adoption when the consideration is involved?
v) Whether a married person can be adopted as per the Hindu Adoption and
Maintenance Act, 1956?
vi) Distinguish between obstructed heritage unobstructed heritage under
Hindu Law.
vii) Explain the meaning of an involuntary alienation of an undivided
Mitakshara coparcenary property.
viii) Explain the expression ..in furtherance of succession as used in
Section 25 of the Hindu Succession Act, 1956.
ix) Explain partial partition as to property.
x) Define pre-emption under Muslim Law.

2. Discuss Class I heirs of the property of a Hindu male dying intestate under the
Hindu Succession Act, 1956 and the distribution of property amongst them.

3. Explain the concept of Joint Hindu Family. Why it is said that the coparcenary is
a narrower body of Joint Hindu Family. Also explain the characteristic features
of Mitakshara and Dayabhaga coparcenary.

4. Under what circumstances an undivided Mitakshara coparcener is entitled to


alienate his undivided interest? What are the rights and remedies available to an
alienee of an undivided Mitakshara coparcenary property?

5. Define Partition. Who are the persons entitled to claim partition and who are
the persons entitled to get a share in partition though not entitled to claim
partition? Also explain the principles of reopening and reunion.

6. Explain the different set of legal provisions related to the right of divorced
Muslim women to claim maintenance from their ex-husbands with the help of
decided cases.

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


a) Three demands of pre-emption
b) Essential requirements of a Hiba.
c) Disqualifications of an heir under the Hindu Succession Act, 1956.

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
CORPORATE LAW-I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) What do you mean by the term Stock?
b) What is the meaning of the term deposits as used in defining the term
Prospectus under Sec. 2(36) of the Companies Act 1956?
c) Explain what is a Company Limited by Guarantee?
d) What do you mean by Companies formed under Section 25 of Companies Act?
e) Describe in short what is a Share Warrant?
f) What kind of companies must have their Articles of Associations and which
relevant provision talks about it?
g) Briefly state the meaning of the terms Initial Public Offer and Further Public
Offer?
h) What do you mean by forfeiture of shares?
i) Explain the term Interim Dividend?
j) What are the ways through which companies limited by shares can raise its
capital?
2. The exceptions to the Turquand rule will have some effect as the doctrine of
constructive notice has.
Do you agree with the above statement? Examine the scope and effect of these
two doctrines giving special mention to the matters that would not be explicitly
covered by the respective doctrines. (Marks-10)
3.
a) Write short note on any TWO of the followings : (Marks 2 x 3.5 = 7)
i) Rights Issue
ii) Bonus Issue
iii) Allotment of Shares
b) The financial year of PQR Co. Ltd. ends on 31st March each year. Owing to
the workmens strike in its works followed by lock-out for about four months
period from April to July, 2001, the company could not finalize the accounts
for the financial year ending 31st March, 2001. Advice the company
mentioning the relevant provision of the Companies Act, 1956 about the
course of action to be taken for the adoption of accounts for the year ended
31st March, 2001 at the annual general meeting and transacting other
business therein? (Marks-3)
4.
a) The company is a body corporate recognised by law as a person having its
entity distinct from its members. It, therefore, expresses its will through the
resolutions passed at regular convened meetings. Moreover, the protection of
the investors is one of the primary objectives of the Indian Companies Act
1956. It provides the shareholders a forum of protection and then leaves them
to a large extent to take care of themselves. The forum is the Meeting of the
Company.
With respect to the above statement discuss the scope, importance and
requisites of a valid meeting. Point out the various kinds of meetings that can
I.D. No. ___________________
be held by a company giving special emphasis on the classification of the
shareholders meetings and also talk through the nature of business that can
be transacted in each of these meetings? (Marks-7)
b) Briefly explain the meaning of resolution with relevant provisions of The
Companies Act, 1956. (Marks-3)
5. The definition of the term Debenture as per the Indian Companies Act, 1956 is
an inclusive definition as it amounts to borrowing of monies from the holders on
such terms and conditions subject to which the debentures have been issued. In
other words, it is a certification in acknowledgement of indebtness. But whatever
be the charecterstics, the root meaning of the word is indebtness.
a) In light of the above statement discuss the diferrent characterstics of
debentures and also throw light upon its kinds. (Marks-4)
b) As per the provisions of Indian Companies Act 1956, describe the terms
Debenture Trust Deed and Debenture Trustees. Also elucidate the
position/role of the Debenture Trustees in the entire procedure of issuance of
debentures by the companies. (Marks-6)
6. The full disclosure of the facts and circumstances relating to the formation of a
company constitute the best safeguard against abuse of the law by the
unscrupulous company promoters and the managers thereby maintaining the
investors confidence in the market.
Justify the above statement? Critically analyse the meaning, importance and
kinds of Prospectus and also talk through the circumstances when it is not
compulsory for a company to issue prospectus? (Marks-10)
7.
a) The terms Member and Shareholder have been used synonymously and
interchangeably in the Companies Act 1956. Throw light on the differrence
that is maintained between a member and a shareholder in the case of a
company having a share capital. Also briefly discuss the various modes of
acquisition and termination of membership. (Marks-8)
b) A company issued a prospectus advertising that the company has a great
potential turnover of a million bags of cement in a year. It was later on
discovered that while the company did have the installed capacity of one
million bags it had never produced more than eight lacs bags of cement in a
year. The buyers of the shares of that company seek remedy against the
misleading statement. Will they succeed? (Marks-2)

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
C.G.-JUDICIAL REVIEW (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) Thomas Bonham Case
b) Colourable Legislation
c) Certiorari and Prohibition
d) Doctrine of Severability
e) Review and Appeal
f) Inherent Power of Civil Court
g) Error Apparent on the Face of Record
h) Rule Nisi
i) Delay and Laches
j) I R Coelho Case

2.
a) It appears to us clear that the question as to the area of the Presidents
power under Article 72 falls squarely within the judicial domain and can be
examined by the Court by way of Judicial Review Explain (Marks-6)
b) Explain the Judicial Review of Ordinance making power of President of India.
(Marks-4)

3. The Judiciary in India has been most vigilant defender of democratic values and
human rights. Explain the statement in the context of role played by the Indian
Judiciary in the development of human rights jurisprudence.

4. What are the various grounds of Judicial Review of Administrative Action?(2


marks)Examine in detail Irrationality and Illegality as grounds of Judicial
Review with the help of decided cases in India. (Marks-8)

5.
a) Explain the meaning of Tribunal. Discuss different types of Tribunals and the
various circumstances under which their judicial review can be excluded.
(Marks-8)
b) Examine whether the power of Supreme Court and High Courts to Review
the decisions of Tribunals can be excluded. (Marks-4)

6. Explain in detail the Nature and Scope of Writ of Mandamus and Writ of
Quo- Warranto.

7. Write Short Notes on any TWO of the following:


a) Judicial Review of Political Questions and Policy Matters
b) Administrative Discretion and Judicial Control.
c) Administrative Instructions and Judicial Control.

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
CLS-CORPORATE REGULATION (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) State some of the objectives of Indian Companies Act 1956?
b) What do you mean by the term financial system?
c) What do you mean by the term E-Governance?
d) What do you mean by depositary system?
e) Briefly describe the term corporate citizenship?
f) What do you mean by the term corporate membership rights?
g) What is the main purpose of SCRA 1956?
h) What is Listing Agreement?
i) Who is an Independent Director?
j) What do you mean by capital market and what are its components?

2. There might exist a plethora of literature on the subject of Corporate


Governance, it has been often seen that Indian corporate houses often follow the
codes on corporate governance in letter but not in sprit. The conversation will be
incomplete without discussing the role of regulators in India. While the Listing
Agreement is administered by the respective stock exchanges, certain other
bodies like MCA, SEBI, ICAI etc. also plays a very critical role in implementing
the governance standards. The post-1991 economic liberalization brought about
concomitant increase in governance standards as investors confidence increased
and foreign investors/institutional investors replaced banks and major project
financers. Corporate governance is often seen as a compliance-driven exercise,
which means companies do the bare minimum to stay outside the regulators
radar. Thus, it becomes crucial for the corporate and the stakeholders in India to
understand the rationale behind corporate governance principles, the adequate
mechanism to implement the same and the loopholes in the law which may be
exploited by the companies and the appurtenant benefits which accrue to
companies that have a sound system of governance in place.
Justify the above paragraph and critically examine the evolution, scope and need
for implementing corporate governance in India. Also highlight/emphasize on the
regulatory regime and framework that exist along with the challenges faced by
the regulating bodies in India. (Marks-10)

3. Write Short Notes on any two of the following : (Marks 2x5=10 )


i) Representative suits and derivative action.
ii) Investigation Powers under the Companies Act 1956.
iii) Transfer and Transmission of Securities.
I.D. No. ___________________
4. The fundamental objective of all the regulators governing with the Indian capital
market or the corporate sector revolves around building the investors confidence
and maintaining it thereafter. An educated investor is a protected investor.
Thus, investor education, promotion of the investors awareness and protection of
their rights along with an adequate/efficient dispute redressal mechanism has
been a major concern for the regulators. Despite strict requirements under the
Companies Act 1956, SEBI Act 1992, SCRA 1956, ICDR 2009, the Listing
Agreement along with the initiatives taken Ministry of Corporate Affairs, the
investors are still not completely risk free as they face difficulties and grievances
with respect to their investment.
Discuss the position with respect to the investors rights under the Companies
Act 1956, SEBI Act 1992, SCRA 1956 and the Listing agreement and also talk
about the efforts and initiatives taken by them in promoting investor education
and investor grievance redressal mechanism. (Marks-10)

5. 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? Is it necessary at all? What is its relevance? These are some of the
fundamental questions which need to be addressed. In the wake of its evolution
at the international level it has left a mighty trail indeed. From OECD to UN
Global Compact to the European Union, in almost all the civilized nations there
are tell-tale evidences of the official manifestation of Corporate Social
Responsibility. As far as India is concerned the significance of CSR becomes
quite prominent as efforts in the form of Voluntary guidelines/codes by the MCA
and also in the form of Companies Bill 2011 is yet to be effective.
With respect to the above context discuss the concept, the different
approaches/trend adopted in India. In addition to that also bring to light the
recent developments and the current issues that revolve around the subject in
India. (Marks-10)

6. Write short notes on any two of the following : (Marks 2x5=10)


i) Issue of ESOP and ESOS
ii) Buy-back of Shares
iii) Directors position role and function

7. The Company Secretary is responsible for the efficient administration of a


company, particularly with regard to ensuring compliance with statutory and
regulatory requirements. He is also responsible for ensuring that the Board of
Directors operates within the law and the decisions taken by them get
implemented.
Who is a Company Secretary? Give a critical analysis on the power, function and
role of a Company Secretary in regulating the affairs of a Corporation.
(Marks 10)

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
IPR-TRADE MARKS (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
A) State with reasons whether the following are always true or always false or
sometimes true and sometimes false:
i) The picture of Godess Lakshmi can be a registered trademark for fish
exporting agency.
ii) Domain names are protectable under trademark regime
iii) Assignment of trademark is not valid until the same is registered with
the Registrar of trademarks
iv) Grease N Wheels is competent to be registered as trademark for
automobile repair servicing agency.
v) Individual colours exclusively are competent to be registered as
trademarks in India
B) Explain the following:
i) Central Attack
ii) Collective Marks
iii) False trademarks
iv) Trade dress
v) Reverse passing off

2. What are well known trademarks and explain how the Registrar decides whether
a mark is well known or not.

3. Explain the remedies available for trademark infringement.

4. To what extend is use of a mark necessary to make it a valid trade mark.

5. Indian Petroleum Private Limited [IPPL] is one of the 4 major refining and oil
marketing companies in India. It accounts for about 20% of the Nation's refining
capacity and has a large network of about 4900 retail outlets (petrol pumps),
1700 kerosene distributors and 1900 LPG dealerships all over the country. It
adopted the mark IPPL written in blue on a white background in 2000 and was
granted registration in 2005. In 2012 it came to the notice of IPPL that one Mr.
Ibrahim Pathan along with his brothers registered a company under the
corporate name IPPL Gas Co. for doing business in cooking gas and its market is
confined only in State of Bihar. It adopted the trademark IPPL Gas written in
green on white background. Indian Petroleum Private Limited [IPPL] wants you
to represent them in the suit for infringement. Prepare the case for IPPL.

6. Mr. Singh is the owner of a foot ware retail chain trading under the name
FitFoot having 16 outlets throughout India. While on a pleasure trip to England
he visited a NIKE showroom and came across a shoe model which has not yet
been released in the Indian market. As he was highly attracted by the same, he
bought 16 pieces of the said model and brought it to India with the intention of
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selling 1 at each of his outlets. The sale of these shoes where highly publicized
through its official website fitfoot.com and also through national newspapers,
clearly showing the registered trademarks of NIKE. Nike Inc., is an American
multinational corporation, having huge market presence in India, marketing

under the registered marks and through its Indian subsidiary Nike
India Ltd. Aggrieved by the act of Mr. Singh, Nike Inc. along with Nike India
filed a suit for infringement. Decide the matter.

7. Hilton International Co. is a global hospitality company, established in the

United States in 1964, operating under the trademarks and .


Hilton International Co. started its operation in India in 1998 at Bombay

through its subsidiary Hilton India Co. after assigning the mark in favour
of them. Hilton India Co. applied for the registration of its mark in 2004. When
the mark was advertised by the Registry in 2005 it was opposed by Mr. Hilton
Patel on the ground that he is the owner of the trademark Hilton
Pharmaceuticals, for pharmaceutical retail chain with market presence only in
the state of West Bengal, claiming prior use from 1980. Simultaneously, Mr.
Patel instituted suit claiming passing off against Hilton International Co. and
Hilton India Co. and the defendants also raised a counter claim of passing off.
Decide the matter.

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII
INTERNATIONAL TRADE LAW (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) Dumping margin
b) Standards under the TBT Agreement
c) Absolute Advantage principle in trade
d) Prohibited subsidies
e) Actionable subsidies
f) SPS measures
g) MFN Treatment
h) National Treatment
i) Domestic industry for the purpose of trade remedy measures
j) Trade Related Investment Measures(TRIMs)

2. Safeguard measures are fair trade remedy. Therefore conditions for imposition
are more stringent. Discuss in light of justifications for safeguard measures.

3. SPS Measures should be based on scientific evidence and risk assessment.


Comment.

4. Discuss the principle of parallelism under the Safeguards Agreement.

5. SPS Agreement and the TBT Agreement emphasise on the harmonization of


product and process standards at international level. Discuss.

6. General Agreement of Trade in Services is a framework agreement aimed at


progressive liberalization of the services sector. Discuss

7. A fair comparison should be made between normal value and export price under
the antidumping agreement. Discuss in light of decided cases.

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I (LL.M.)
LAW AND SOCIAL TRANSFORMATION IN INDIA
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Do you think the device of reservations is an effective tool in achieving Social


Justice? Examine the tension between equality and protective discrimination in
the light of the decisions by the apex count.

2. Critically examine the following:


a) Legal response to the menance of Dowary in India.
b) Alternative Dispute Resolution System.

3. What are the social factors responsible for violence against women? How and the
what extent law can control violence against women with specific reference to
offences of Domestic violence and female feticide?

4. In order to understand the significance of child rights it is necessary to


acknowledge the importance of childhood. In the light of the above statement,
discuss the role played by the Indian Government in protecting the rights of
children in difficult circumstances. Refer some cases also.

5. Secularism is neither anti God nor pro-God. It eliminates God from the matter
of state and ensures that no one shall be discriminated on the grounds of
religion. In the light of above observation discusses the true import of freedom of
religion guaranteed under the Indian Constitution. Support your answer with
case laws.

6. Delay resulting in denial of Justice is a serious infirmity of the judicial system.


One of methods employed in criminal justice system for avoiding delay and
enabling speedy settlement is plea-bargaining . In the light of above statement
critically examine the concept of Plea bargaining which has been included in
Cr.P.C in Chapter XXI-A. Do you suggest any change in the existing system?

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III (LL.M.)
CORPORATE RECONSTRUCTION
Max. Marks: 50 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Explain the terms Compromise, arrangement, reconstruction and


amalgamation. Analyse the provisions of the Companies Act, 1956 in this regard
citing some cases to support your answer.

2. Pointout and discuss the features of Takeover Code of 2011. What new changes
have been made in the Code of 2011 incomparision with earlier Code, explain.

3. Competition Commission of India plays a significant role to regulate


anticompetitive practices in the market now-a-days.
In the light of above, discuss and elaborate on the composition, functions and
powers of Competition commission of India.

4. Government of India tries its level best to cure industrial sickness, which is
huge problem in corporate sector, by providing remedy in the form of suitable
legislations.
With reference to above, analyse the effectiveness of legislative framework
adopted by the Govt. of India to revive and rehabilitate Sick companies.

5. Organic reconstruction is the internal exercise which business entities have to


undertake in order to adjust to changing market dynamics.
In the light of above, discuss the different ways through which a company adopts
the scheme of organic reconstruction.

6. Write short notes on any two of the following.


a) Securities and Exchange Board of India
b) Cross-boarder merger
c) Reverse Merger

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I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
POLITICAL SCIENCE (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) Define politics and differentiate it from political science.
b) What do you mean by Marxist approach to study of politics?
c) What are the main advantages of structural-functional approach to study of
politics?
d) What does the concept of Church-State refer to?
e) What do you mean by Force Theory of origin of State?
f) Discuss briefly Herbert Spencers views on the functions of State.
g) What according to J S Mill are the optional functions that the State should
perform?
h) Write a short note on the Dictatorship of the Proletariat.
i) Define and distinguish political sovereignty from popular sovereignty.
j) Write a short note on Iron Law of Oligarchy.

2. What do you mean by an approach? Discuss in detail the systems approach to


study of politics as propounded by David Easton. (Marks-10)

3. State came into existence as a result of a contract among individuals. Discuss


the statement in the light of the social contract theory of origin of state
propounded by Thomas Hobbes, John Locke and Jean Jacques Rousseau.
(Marks-10)

4. State is a necessary evil. Substantiate the statement in the light of classical


liberal theory of functions of the state. (Marks-10)

5. What do you mean by welfare state and what are the factors that led to its
emergence? Discuss the constitutional provisions that aim at transforming India
into a welfare state. (Marks-10)

6. If a determinate human superior not in a habit of obedience to a like superior


receives habitual obedience from the bulk of a given society that determinate
superior is sovereign in that society, and the society (including the superior) is a
society political and independent. Critically examine the statement and its
implications in the light of John Austins Monistic Theory of Sovereignty.
(Marks-10)
7. What do you mean by elites? Discuss the Elite Theory of Democracy with specific
reference to Vilfredo Pareto and Gaetano Moscas contribution to elite theory.
(Marks-10)

*************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
POLITICAL SCIENCE (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) Rawlss difference principle.
b) Participatory model of democracy.
c) Hobbess concept of Liberty.
d) Gramscis idea of Hegemony.
e) Benthams idea of utility.
f) Inductive Method in politics.
g) De Jure and De facto form of Sovereignty.
h) Define Human Rights.
i) Rousseans idea of General Will.
j) Define Referendum.

2. How does Rawls constructs his theory of Justice from the Original Position.
Explain the criticisms on his theory developed by the feminists and theorist of
the Capability Approach. (Marks-10)

3. Develop on Ronald Dworkins idea of distributional equality. Evaluate his


concept of equality in dealing with problem of natural and social inequalities.
(Marks-10)
4. Explore the characteristics of negative Liberty and positive liberty as developed
by Isaiah Berlin. Draw out the arguments of thinkers who have developed on his
understanding of liberty. (Marks-10)

5. Outline and Evaluate John Austins Monistic theory of Sovereignty keeping in


mind the criticisms developed by Harold Laski. (Marks-10)

6. Define Rights. Draw out the differences between Natural and Liberal Traditions
of Rights with the help of examples from contemporary times. (Marks-10)

7. What are the key features and mechanism of Representative form of Liberal
Democracy? Develop the Marxist Critique of Liberal Democracy. (Marks-10)

*************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
LAW OF CONTRACT-II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.
1. Answer the following (each answer should be in approximately 50 words) :
(Marks 10x1=10)
a) The scope of Section-124 of Indian Contract Act, 1872 is narrower then the concept of
indemnity under relevant English law. Narrate briefly.
b) A contract of surety ship, like any other contract must be supported by consideration
provision clearly says that a direct consideration between the surety and the creditor is
not essential. Discuss.
c) What will be the liability of the surety when the original contract is void?
d) Define particular lien.
e) Explain limited interest of the pawner
f) No consideration is necessary to create an agency. Discuss.
g) Define delivery under the Sale of Goods Act, 1930.
h) What do you understand by Specific goods in a deliverable state?
i) Explain co-ownership
j) Mention the meaning of Particular partnership?
2. Discuss the creation of agency by ratification with suitable examples. (Marks-10)
3.
a) State the rights of a surety against (Marks-5)
i) the creditor
ii) the principal debtor.
b) Shyam contracts to build a ship for Atul for a given sum to be paid by installments as
the work reaches certain stages. Dinesh becomes surety to Atul for Shyams due
performance of the contract. Atul without the knowledge of Dinesh prepays to Shyam
the last two installments. What will be the liability of Dinesh.? Explain with relevant
provisions of the Act. (Marks-5)
4.
a) A policemen thinking that the driver of an Omnibus was drunk, ordered him to
discontinue driving, the Omnibus being then only a quarter of a mile from its destination
the driver and the conductor then authorized a person standing nearly to drive the
Omnibus home. That person drove the Omnibus negligently and injured a boy. The boy
claims damage from the owner of the Omnibus. Is the owner liable? Explain.
(Marks-5)
b) A, being Bs agent for the sale of goods, induces C to buy them by a misrepresentation.
Which he was not authorized by B to make, whether the contract will be valid between B
and C ? (Marks-5)
5.
a) Discuss the various provisions of law under which a non-owner can convey a good title to
a buyer. (Marks-5)
b) Risk prima facie passes with property. Comment. (Marks-5)
6.
a) What are the main differences between Conditions and Warranties?
(Marks-5)
b) P bought a Car from Q who had no title to it. P used the Car for several months, after
that the true owner came forward and demanded the Car. State the rights of P and the
true owner of the Car. (Marks-5)
7.
a) Although Sharing of profit is an essential element of a partnership it is not the sole test.
Comment. (Marks-5)
b) What are the effects of non-registration of a partnership firm? (Marks-5)
************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
LABOUR LAW-II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) Define disablement under the Employees Compensation Act, 1923.
b) What do you mean by doctrine of Added Peril ?
c) Discuss the term of office of members of the corporation under the Employees State
Insurance Act, 1948.
d) Explain Disablement benefit and also mention the relevant section of the concerned
Act.
e) Discuss the Fund under the Employees Provident Fund and Miscellaneous
Provisions Act, 1952.
f) Explain the term Minimum Wage under the Minimum Wages Act, 1948.
g) What are the Minimum rates of Wages under the Minimum Wages Act, 1948?
h) What do you mean by Allocable Surplus?
i) Explain disqualifications for bonus.
j) Explain Wages under the Payment of Gratuity Act, 1972.
2.
a) Is the amount standing to the credit of a member of the provident fund attachable in
the execution of a decree or order of the court? Examine the relevant provisions of
the Employees Provident Fund and Miscellaneous Provisions Act, 1952. (Marks-5)
b) State the establishments to which the Employees Provident Fund and Miscellaneous
Provisions Act, 1952 apply. (Marks-5)
3.
a) Discuss the concepts of Fair wage and Living wage. Also refer to the leading cases
on the point. (Marks-5)
b) Is the financial position of employer a relevant factor to be considered while fixing
the minimum wages? (Marks-5)
4. Explain with the help of decided cases the expression arising out of and in the course of
employments. What defenses are available to an employer in case of a claim for
compensation? (Marks-10)
5.
a) Discuss the eligibility for payment of gratuity under the Payment of Gratuity Act,
1972. (Marks-5)
b) Explain the term Continuous Service as used in the Payment of Gratuity Act, 1972.
(Marks-5)
6.
a) Discuss the relevant provisions for Contravention by the employer under the
Maternity Benefit Act, 1961. (Marks-5)
b) Discuss the eligibility for bonus and payment of maximum bonus under the Payment
of Bonus Act, 1965. (Marks-5)
7. The Concept of Social Security is based on ideals of human dignity and Social Justice.
The underlying idea behind social security measures is that a citizen who has
contributed or is likely to contribute to his countrys welfare should be given protection
against certain hazards. Explain. (Marks-10)

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII
CRIMINAL PROCEDURE CODE (CR.P.C.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) Can non-bailable warrants be issued in case of bailable offences?
b) What are the circumstances in which a warrant can be issued in a summons case?
c) In which circumstance death of the accused is justified while arresting him?
d) Against an order of acquittal passed in a complaint case by the Judicial Magistrate
Class I where the appeal can be filed: (Mention the relevant provision also for the
right answer.)
i) in the Supreme Court
ii) in the High Court
iii) in the Sessions Court
iv) in the Court of CJM
e) If an offence is punishable with the imprisonment of more than 3 years, then can the
same be tried by JMFC?
f) If an accused is sentenced for two of more offences in the same trial, what can be the
maximum aggregate punishment?
g) Which of the following is correct in relation to Inquiry and why:
i) It is a process, other than trial, conducted by the Magistrate or Court.
ii) It is a process conducted by a police officer.
iii) It is a process conducted by a commission only.
iv) All the above are correct.
h) What are the different circumstances in which an order for the attachment of the
property and an order for the publication of proclamation can be issued
simultaneously?
i) A commits an offence of the theft punishable under Section 379, IPC, another
offence of receiving stolen property punishable under Section 411, IPC and another
offence of assisting in the concealment of the stolen property punishable under
Section 414, IPC. All the offences are punishable with the maximum imprisonment
of 3 years and all are committed within the period of 12 months. Which of the
following statement is correct in relation to this problem? Give your answer with
reasons.
i) All the offences can be charged and tried together.
ii) All the offences cannot be charged and tried together.
iii) All the offences can be charged and tried together under Section 219, Cr.P.C.
iv) Both (a) and (c) are correct.
j) When a person is arrest by a police officer, then within what time he is required to
be produced before the Magistrate: (Mention the relevant provisions also for the
right answer.)
i) within 24 hours only in case of arrest without warrant
ii) within 24 hours only in case of arrest under warrant
iii) in both the above cases
iv) within 15 day in case of arrest without warrant.
I.D. No. ___________________
2. No arrest can be made because it is lawful for the police officer to do so. The existence
of the power is one thing. The justification for the exercise of it is quite another. No
arrest should be made without a reasonable satisfaction reached after some
investigation about the genuineness and bona fides of a complaint and a reasonable
belief both as to the persons complicity and even so as to the need to effect arrest.
Denying a person his liberty is a serious matter. Elaborate with the help of the
Criminal Procedure (Amendment) Act, 2005 and the Criminal Procedure (Amendment)
Act, 2008. (Marks-10)
3.
a) What is Charge? The accused can be convicted for the offence with which he is
charged is the general rule. What is the exception to this rule? (Marks- 5)
b) A was arrested on 10/3/12 for committing the offence of culpable homicide. He was
produced before the Magistrate on 11/3/12. On the same day (on 11/3/12) Magistrate
granted police remand till 17/3/12. Then from 18/3/12 to 9/5/12 a judicial remand was
granted. If the investigation cannot be completed and charge-sheet cannot be
produced by 9/5/12 can the remand period be further extended? If no, why? If yes, for
what period? If after that extended period of remand also the investigation could not
be completed then what further procedure will be adopted? (Marks-5)
4.
a) CJM conducted a single trial for three offence punishable under Section 379, Sec.
380 and Sec. 379 read with Sec. 511 of the I.P.C. and sentences of imprisonment of 2
years, 6 years and 1 years 6 months respectively are passed against the accused. The
sentences were ordered to run one after the other. Whether the appeal can be filed
against this conviction order? If yes, what is the appellate forum and under what
provision and within what time? (Marks-6)
b) A commits a cognizable and non-bailable offence in presence of B(a private
individual). B after 15 days attempts to arrest A without warrant. The arrest is
resisted by A as a result of which bodily hurt is caused to B. Discuss the liability of
A for causing hurt to B and the right of B to arrest A? (Marks-4)
5.
a) Whether can a muslim divorced woman calim maintenance from her husband under
Sec. 125 of the Cr.P.C.? (Marks-6)
b) Dhanraj had one son Raju and one daughter Rani. Dhanraj was an old man and was
unable to work. Dhanraj lived with his son Raju who is a scooter mechanic. Dhanraj
claimed the maintenance from Rani, aged 25 years, who is a mechanical engineer.
She pleaded that since father is residing with Raju and since she is a female, she is
not liable to give maintenance to her father. Decide the case. (Marks-4)
6.
a) What is F.I.R.? How does it differ from complaint? Discuss the evidentiary value of
F.I.R.? (Marks-6)
b) In a case complaint is made to the Magistrate. Magistrate without examining the
complainant gives the order for investigation under Section 156(3) of Cr.P.C. Then
after conducting the investigation, police officer produces the final report. Then
Magistrate after taking cognizance conducts the trial and the judgement of acquittal
is passed. Against this acquittal order can an appeal be filed by the complainant?
Support your answer with the legal provisions? (Marks-4)
7. Write short notes on any two of the following: (Marks 5x2=10)
a) Trial before Court of Sessions
b) Removal of Public Nuisance
c) Appeal by Victim of the Crime

*************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER IX
DRAFTING PLEADING AND CONVINCING (DPC)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a) Discuss the important steps which are to be followed while drafting?
b) Mention the grounds on which a plaint can be rejected by the court?
c) Discuss the essentials of Pleadings?
d) Explain Interlocutory order?
e) Explain the meaning of Criminal Pleading?
f) Discuss the types of deed and its components?
g) What is Anticipatory Bails?
h) Discuss the law on Registration with respect to Gift deed?
i) Define complaint?
j) Explain the grounds for permitting Amendment in Pleading by the court?
2. What do you understand by appeal? Who may appeal? Discuss the ground of first
appeal and second appeal? Draft memorandum of first appeal by presuming certain
facts necessary for drafting? (Marks-10)
3. Draft a plaint for Recovery of rent from Tenant by Presuming facts necessary for
drafting? (Marks-10)
4. Draft a complaint U/S 138 of the Negotiable Instrument Act? (Marks-10)
5. X a residential University situated at New Capital Raipur entered into contract on
20.10.2011 to run the University mess with M/s Dashmesh Enterprises Shop No. 67
Lalganga Shopping Mall Raipur and to run a canteen with M/s Food Plaza
Telibandha Chowk M.G. Road Raipur to provide additional food facilities to the
resident students. As per terms and conditions of argument M/s Food Plaza was
providing a land to construct the canteen by spending Rs. 5 Lac which will be
adjusted against monthly rent paid to the University, accordingly the construction
was made and started working by preparing various dishes according to the taste
and choice of the students. Whereas the contract with M/s Dashmesh Enterprises
allow him to prepare food (Breakfast, Lunch, Dinner) at the rate of 3000/- per
student per month.
On 20.12.2011 M/s Dashmesh started a parallel canteen to provide different dishes
by charging additional amount to the students which was objected by M/s Food
Plaza on the ground of Breach of contract as it adversely affect the business. The
University informed M/s Dashmesh Enterprise about the concern of M/s Food Plaza
but he continued the canteen, therefore on 20.02.2012 M/s Food Plaza decided to file
suit in court of Law.
Draft a Injunction application with the affidavit for M/s Food Plaza against M/s
Dashmesh Enterprises etc. (Marks-10)
6. Draft a Gift deed by Father to his son of Immovable property by presuming facts
necessary for drafting Gift deed? (Marks-10)
7. Draft a petition for Divorce by wife against husband on the ground of cruelty by
husband under The Indian Divorce Act by presuming necessary facts. (Marks-10)

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I (LL.M.)
INDIAN CONSTITUTIONAL LAW: THE NEW CHALLENGES
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Examine the conflict between Freedom of Speech and Expression and other
Fundamental Rights. Discuss the contemporary challenges posed to the Indian
Constitution by such conflict.

2. Equals to be treated equally and unequals to be treated unequally Discuss


this statement on the basis of Right to Equality under Indian Constitution.

3. Explain the meaning and significance of Writs. Discuss the nature and scope of
Writ Jurisdiction under Article 32 and Article 226 of the Indian Constitution.

4. Examine the significance of Judicial Activism in integration of Directive


Principles of State Policy into Fundamental Rights. Also mention the new
challenges posed by the activist role of judiciary in India.

5. a) Highlight the need and significance of Constitutional Amendments.


(Marks-3.5)
b) Examine the amending power of the Parliament under Indian Constitution
and its limitations. (Marks-9)

6. Write Short Notes on any TWO of the following:


a) Other Authorities under Article 12 of Indian Constitution.
b) Right to Privacy
c) Right to Environment vs. Right to Development.
d) Right to Religious Freedom and Secularism

**************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III (LL.M.)
LAW RELATING TO SECURITIES
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. The principle objectives of listing of securities in stock exchanges are to provide


ready marketability and free negotiability to securities to ensure proper
supervision and control of dealings therein and to protect the interests of the
investors.
In the light of the above Paragraph, enumerate the conditions for listing of
securities in stock exchanges and also briefly explain the role and functions of
Securities Exchange Board of India (SEBI) in this regard.
2. The Introduction of depository will now enable the Indian capital market to
achieve international standards of trading and settlement. The Global
custodians will now no more be hampered/bogged by infrastructural
inadequacies, need for large vault space and extensive technological set up and
should be able to cater to the international investors with greater freedom. The
depository system will address one of the major demands of the foreign
institutional investors who have expressed reservations in investing in India due
to its antiquated and outdated trading and settlement systems and will facilitate
the flow of increasing volumes of foreign investments to the Indian capital
market.
From the above statement, briefly explain the major benefits of the Depository
System to the issuers of Securities, the intermediaries and the investors in the
capital market.
3. Critically examine the role and functions of the Merchant Bankers in the
business of issue management with the relevant provisions of law.
4. The recent Amendments in Securities Exchange Board of Indian Act conferred
on SEBI a lot of additional powers to deal with any kind of market misconduct
and protect the interest of the investors in the securities market.
In the light of the above paragraph, you are required to justify that the role of
SEBI is now not only the watch-dog but also bloodhound as far as securities
market is concerned, cite the recent instances.
5. Role and functions of stock exchanges both in the domestic and in international
in capital market. What are the advantages of online trading?
6. Short Note: Answer any TWO of the following:
vi) Foreign Institutional Investors
vii) Insider trading
viii) Derivatives
ix) Securities Appellate Tribunal

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
LEGAL METHOD
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) What do you understand by original jurisdiction of Supreme Court of India?
b) How will you differentiate Writ of Prohibition and Writ of Certiorari?
c) What according to John Austin, Law is?
d) How will you differentiate general custom and local custom?
e) What do you mean by obiter dictum?
f) What is Mischief Rule of Interpretation?
g) What do you mean by Supreme Legislation?
h) When writ of mandamus is issued?
i) What is Rule of Law?
j) What is Judicial Review?
2. Public Interest Litigation has been an invaluable innovative judicial remedy. It
has translated the rhetoric of fundamental rights into living reality for at least
some segments of our exploited and downtrodden humanity
In the light of above statement, explain the traditional rule of locus standi under
Article 32 and also describe dynamic approach of locus standi towards Public
Interest Litigation with the help of landmark judgments of Supreme Court of
India. (Marks-10)
3. a) Discuss the authority of Precedent as a source of law. (Marks-3)
b) Whether courts lower in hierarchy is bound by the decision of Supreme Court
of India? Examine. (Marks-3)
c) Discuss the circumstances which weaken the binding force of precedent.
(Marks-4)
4. Administrative law is the last link in the chain of Separation of Powers and
Checks and balances
In the light of above statement, explain the Doctrine of Separation of powers
with the help of landmark judgments. (Marks-10)
5. Today the question is not whether delegated legislation is desirable or not, but
it is what controls and safeguards can be introduced so that the power conferred
is not misused or misapplied
With reference to above statement discuss the reasons for the growth of
delegated legislation. Are there any constitutional restraints upon delegation of
legislative powers? What do you understand by Excessive Delegation?(Marks-10)
6. Discuss the major function and purpose of law highlighting the major
classification of law. (Marks-10)
7. Define Statute. Describe various parts of statute. Explain various internal aid of
construction of a statute. (Marks-10)
*************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
SOCIOLOGY (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) What are the causes of failure of the Naxalbari movement?
b) Mention the procedure of De-Scheduling of an Indian Tribes.
c) What is Gender Socialization?
d) State the importance of Pancha Maha Yajnas.
e) What are the different kinds of Dharma according to Hindu Philosophy?
f) What is Resistance Movement?
g) What is Traditional theory of Caste?
h) State the types of Social Mobility.
i) Explain the views of Daniel Lerner and B. Kuppuswamy on Modernization.
j) What are the Problems of Modernization?

2. Discuss the impact of Buddhism and Islam on Indian Society. (Marks-10)

3. What does it mean to be a man in late modern Society? Discuss with suitable
examples. (Marks-10)

4. Define Social Movements and discuss its various types. (Marks-10)

5. Critically explain The Doctrine of Purusartha with Gender Perspective.


(Marks-10)
6. Explain the Naxalbari Movement and why it still prevails in the rural heartland
of India. (Marks-10)

7. At the heart of Radical feminism is the belief that men are responsible for and
benefit from the exploitation of women. Explain the Statement. (Marks-10)

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
SOCIOLOGY (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) Explain the importance of Pancha Maha Yajnas.
b) Write a brief note on kinds of Dharma
c) Provide the name of various Peasant movements in pre-independent India.
d) What are the impacts of Non-Brahmin movement according to Andre
Beteille?
e) Role of Census System in favouring Backward Classes Movement.
f) Name the main goals of Backward Classes Movement in India.
g) Briefly explain the function of Theosophical Society of India.
h) What are the causes of failure of the Naxalbari Movement?
i) Mention the Constitutional safeguards regarding Tribals.
j) What is the official definition of Tribe?

2. Critically explain The Doctrine of Purusartha with Gender Perspective.


(Marks-10)
3. What does it mean to be a man in late modern society?
(Marks-10)
4. At the heart of radical feminism is the belief that men are responsible for and
benefit from the exploitation of women. Explain the statement. (Marks-10)

5. Explain the Socio-Religious movements among Indian Tribes. (Marks-10)

6. Define Social Mobility and its various dimensions. (Marks-10)

7. Discuss the important theories relating to the origin of Caste. (Marks-10)

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
JURISPRUDENCE - I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
(a) Explain the concept of Ought Law.
(b) Explain Benthams Utilitarianism.
(c) Why Kelsen calls his theory Pure?
(d) Why Positivism is also known as the Imperative School of Law?
(e) What do you mean by the term Status to Contract in the Henry Maines assertion
about the movement of progressive societies?
(f) Explain law as science.
(g) Explain Fullers view on natural law.
(h) Explain law strictly-so-called as per John Austin.
(i) What do you understand by the views of Ihering?
(j) Explain the definition of law given by Salmond.

2. Explain Prof. H. L. A. Harts criticism of John Austin and discuss his concept of law.
3. Elucidate in detail the theory of living law as propounded by Ehrlich.
4. Volksgeist theory is mystical. In the backdrop of the given criticism of the Volksgeist
theory, critically examine it.
5. Critically examine Roscoe Pounds theory of Social Engineering.
6. Duguits theory of Social Solidarity talks about social criteria for the validity of law.
Critically examine the practical feasibility of his theory.
7. Social Contract theories have tried to justify the existence and authority of State. In this
backdrop explain the social contract theories of Hobbes, Locke and Rousseau.

**************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
C.G.-COMPENSATORY DISCRIMINATION (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
d) Whether Ninety Third Amendment Act of the Constitution is against the basic
structure of the Constitution?
e) What shall be the social standard prescribed to find out whether any class is socially
backward?
f) Whether Article 15(4) is an exception of Article 15(1)?
g) What is the meaning of the expression backward class of citizen in Article 16(4)?
h) Whether the backwardness in Article 15(4) should be both social and educational?
i) What do you mean by Creamy layer?
j) Whether backward classes can be identified only and exclusively with reference to
the economic criterion?
k) Whether the 50% rule enuciated in case of M.R. Balajee v. State of Mysore a binding
rule or only a rule of caution on rule of prudence?
l) Was T. Devadasan correctly decided?
m) Whether Reservations are anti Meritarian?
2. The discriminatory treatment with women was based on deep rooted prejudices. In India
too women were so situated that special provisions/measures were required in order to
protect them.
In light of the above statement critically examine the special provisions/measures taken
by the government through legislation and gender sensitivity in judicial
pronouncements. (Marks-10)
3. The extensive use of the device of reasonable classification by State and it approval by
the Supreme Court has rendered the guarantee of fair equitable treatment under
Article 14 largely illusory.
Discuss making clear the constitutional and popular concepts of right to equality in
India. (Marks-10)
4. Article 16(4) is by itself a rule of equality rather than an exception to the rule. What is
your view, discuss with the help of Case Laws. (Marks-10)
5. Has the Constitution of India any provision to decide as to who belongs to Scheduled
Caste, Scheduled Tribe on Socially and educationally backward Class? Is the reservation
permissible to all the above castes/classes in initial appointment as well as in
promotions? (Marks-10)
6. The State M, through law, reserves 69% of seats in all colleges in the state for SC, ST
and other Backward Class students. The Union Parliament amends the Constitution
placing this law in the IXth Schedule. B Challenges the Law in Supreme Court as
violating his right of equality and also challenges the Constitutional amendment as
violating the basic structure doctrine. Discuss the validity of the said law and
Constitutional amendment with the help of decided cases. (Marks-10)
7. Write short notes on any two of the following: (Marks-5x2=10)
a) B.P. Mandal Commission
b) National Commission for SC and ST
c) Carry forward Rule.

*********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
CLS-CORPORATE RECONSTRUCTION (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in 50 words approximately) :


(Marks 10x1=10)
a) Pointout the ways of reduction of Share capital made without the sanction of
the Court.
b) What are sources of fund utilized for the purpose of buy-back of Shares?
c) What do you understand by sweat equity shares?
d) Write the laws through which ESOS & ESPS are governed.
e) Why a share is called Preference Share?
f) What are different kinds of Merger?
g) When does an acquisition become Takeover?
h) What is the objective of Competition Act, 2002.
i) Define sick Industrial Company as per the provision of Companies Act, 1956.
j) What is compromise?

2. Define Takeover. What are the laws relating to it. Contemplate on the changes
which have been brought by Takeover code of 2011 over the earlier code of 1997.
(Marks-10)
3. Critically examine the existing provisions of Companies Act, 1956 relating to
revival and rehabilitation of Sick Industrial Company giving reference to SICA.
(Marks-10)
4. Cross-boarder Merger promotes the economic growth of the country.
In the light of above, briefly narrate the concept of cross-boarder merger giving
suitable provisions of law. Support your answer with case laws. (Marks-10)

5. Contemplate and Narrate the anti-trust aspect of Merger and Takeover with
reference to Competition Act, 2002. Do you suggest for any amendment in the
Act? (Marks-10)

6. Briefly discuss the concept of corporate restructuring and provision of the


Companies Act, 1956 provided therein for organic restructuring. Refer some
cases also. (Marks-10)

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


a) Board for Industrial and financial Reconstruction (BIFR).
b) Competition Commission of India (CCI).
c) Securities and Exchange Board of India (SEBI).

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
IPR-PATENT LAW (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in 50 words approximately) :


(Marks 10x1=10)
a) What is e-filing? Describe the procedure of online filing patent application
b) What are the contents of Provisional Specification?. Please explain
c) Explain Claims Under Section 10(4) (c) of Patent Act.
d) Explain the provisions of Early Publication of Patent Application Under
Section 11A (2) of Patent Act?
e) What are the Secrecy Directions Under Section 35 of Patent Act?
f) Write brief note on Report of the Examiner under Patent Act.
g) What is Post dating of the application Under Patent Act? Please Explain
h) Explain Term of Patent Under Section 53 of Patent Act.
i) Explain Rights of Patentee Under Section 48 of Patent Act.
j) Write the brief note on The Doctrine of Exhaustion.

2. Write exhaustive note on Procedure for Registration of Patents. (Marks-10)

3. Explain in detail The procedure of Restoration of Patent?


What are the provisions of Revocation of Patent as per Section 64 (Revocation
before High Court of Appellate Board), Section 65 (Revocation by Controller on
direction of Central Government), Section 66 (Revocation by Central
Government) and Section 85 (Revocation by Controller for non-working).
(Marks-10)
4. Write the detail note on Parallel Import?
What are the provisions of Compulsory Licensing explain in the light of Indias
first compulsory licensing case. (Marks-10)

5. Write the exhaustive note on Infringement of Patent in the light of (Marks-10)


a) Jurisdiction of Court,
b) Shift of Burdon of Proof,
c) Defenses available thereupon?
What types of remedies are available for the Infringement of Patent? Please
explain in detail.

6. What is the meaning of Controller as per Patent Act? Write the exhaustive note
no General Powers of Controller. (Marks-10)

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


a) Pre & Post-grant opposition
b) Grant of Patent & Its Terms
c) Patent Agent

*****************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
SOCIOLOGY (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)

a) What is Sociology of Common Sense?


b) Give the distinctions between conflict and assimilation.
c) Provide E.B. Tylors definition of culture.
d) What is kinship System?
e) What do you mean by oedipus and electra complex?
f) What are the steps to write a project proposal?
g) Provide the distinctions between Status and Role.
h) Define social stratification.
i) What is interactionism?
j) What is sociological imagination?

2. Sociology is the study of human interaction and inter-relations, their conditions


and consequences. Explain the above statement with suitable examples.
(Marks-10)
3. Write a note on various perspectives of sociology and provide their comparisons.
(Marks-10)
4. Define marriage and discuss the various forms and rules of marriage.
(Marks-10)
5. Socialisation consists of the complex processes of interaction through which the
individual learns the habits, skills, beliefs and standards of judgment that are
necessary for his/her effective participation in social group and communities.
Discuss the above statement with suitable illustrations. (Marks-10)

6. Write a critical note on functionalist and conflict perspective of social


stratification. (Marks-10)

7. What are the cultural processes? Discuss Alvin Tofflers Future Shock relating to
process of cultural growth. (Marks-10)

*************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
SOCIOLOGY (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)

a) What are the factors responsible for the origin and development of Sociology
as a discipline?
b) Establish the relationship between Sociology and Psychology.
c) What do you mean by interactionist perspective in Sociology?
d) Define Culture.
e) What are the Kinship usages?
f) What is the importance of methodology in writing a project report?
g) What is Social group? Give some examples.
h) What are the formal means of Social Control?
i) Why do we consider Sociology as on abstract Science?
j) What is Assimilation?

2. Sociology as the Science which attempts the interpretative understanding of


social action in order thereby to arrive at a causal explanation of its course and
effects. Explain the statement with suitable facts and examples. (Marks-10)

3. Write a critical note on functionalist perspective of social stratification.


(Marks-10)
4. Discuss the theory of Looking-Glass-Self propounded by C.H. Cooley. Relate
Freuds theory of Human Mind with Cooleys theory of Looking-Glass-Self.
(Marks-10)
5. Give a note on forms and types of marriage and family. (Marks-10)

6. Define cultural process and elaborate the theory of Cultural Growth. (Marks-10)

7. Write short notes : (Marks-5x2=10)


a) Social basis of stratification in India.
b) Sociological imagination and Common Sense.

*************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
CONSTITUTIONAL GOVERNANCE-I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) Whether preamble of the Constitution can be amended?
b) Is Judiciary a State for the purpose of part III of India Constitution?
c) Whether the laws made earlier to the commencement of the constitution are
exempted from the operation of Article 13?
d) What do you mean by locus standi?
e) What is Ex post facto Laws?
f) What is right against exploitation under Indian Constitution?
g) What are the rights of minorities under Constitution?
h) Define double jeopardy.
i) How right to education has got the status of Fundamental Right?
j) What constitutional protection is provided against untouchability?

2. The powers of the Supreme Court for the protection of the constitutional rights
of citizens are of the widest amplitude and there is no reason why the Court
should not adopt activist approach similar to Courts in America and issue to the
State directions which may involve taking of positive action with a view to
securing enforcement of the fundamental rights
In the light of above statement discuss what is judicial activism? How the
Supreme Court of India is playing activist role for the protection of fundamental
rights? (Marks-10)

3. Article 21 of the Indian Constitution has been interpreted very widely


particularly since Maneka Gandhis decision. Explain with relevant case laws
how the Supreme Court has expanded the meaning of right to life and personal
liberty. (Marks-10)

4. It is now well established that Article 14 forbids class legislation, it does not
forbid reasonable classification.
With reference to above statement, discuss right to equality guaranteed under
Indian Constitution pointing out the test of reasonable classification with the
help of landmark judgments. (Marks-10)

5. Directive Principles of State Policy and Fundamental Rights together constitute


the conscience of the Constitution, and represent the basic rights inherent in
human beings in this country.
In the light of above statement, discuss inter-relationship between Directive
Principles of State Policy and Fundamental Rights with the help of judicial
pronouncements. (Marks-10)
I.D. No. ___________________
6. Examine the scope of the Freedom of Religion under Indian Constitution. How
far is Indias claim that it is a Secular State justified by the Constitution?
(Marks-10)
7. The Government of State F, in order to deal with growing communal tension and
violence, imposes a ban on television channels broadcasting news, scenes
relating to riot and arson on the ground that broadcast will be against the public
interest. X, a viewer of television in the State wishes to challenge the said on the
ground that:
a) It interferes with his right to read/hear/see relevant information and is thus
an infringement of his right under Article 19 (1) (a).
b) The said ban is not supported by a law, empowering the state to impose such
a ban.
Advice X on the relative merits of these arguments on the basis of Constitutional
provisions and case laws. (Marks-10)

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
PUBLIC INTERNATIONAL LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) Tinco Arbitration Case
b) Corfu Channel Case
c) Barcelona Traction Case
d) Protectorate and Vassal State
e) Clean State Rule
f) Acquisition of territory through Prescription
g) Rebus Sic Stantibus
h) Retortion and Reprisals
i) Embargo and Pacific Blockade
j) Continental Shelf

2. a) Congo, an African Country took loan of $ 300000 from World Bank and used
70% of the amount for the development of basic amenities like water, road
and electricity in the Northern region of Congo during the year 2011. In 2012
there was a political revolt and as a result the Northern region of Congo
separated and became an independent country named North Congo. In 2013
World Bank requested North Congo to repay the loan amount. This request
was rejected by the President of North Congo. The World Bank approached
International Court of Justice for recovering the amount from North Congo.
Decide. (Marks-3)
b) Mr. Fernando, a Srilankan national purchased a 100 acre land in the
northern region of Congo in the year 2010. In 2012 after state succession the
northern region of Congo become a new state, i.e. North Congo. The President
of North Congo adopted a Statute, Law of Nullities, 2012 declaring that all
sale of land to foreign nationals from 2005 onwards was invalid.
Consequently, the government authorities confiscated the land of Mr.
Fernando. Mr. Fernando wants to take an action for recovering his land.
Advice him on the basis of relevant International law. (Marks-3)
c) Discuss the effect of State Succession on Treaties, State Properties, and
Public Archives. (Marks-4)

3. a) Mr. Perera, a US national was arrested by Indian Police for committing


murder of Mr. Alberto, a Mexican national in New Delhi. The Indian Police
registered a case against Mr. Perera under the relevant provisions of Indian
Penal Code and trial proceedings were started. The U.S Government objected
the trial proceedings in India and requested extradition of Mr. Perera to US,
claiming that it had jurisdiction in this case. The State of Mexico also claimed
that, it had jurisdiction in the case and requested extradition of Mr. Perera.
Decide the claim of India, USA and Mexico on the basis of International Law
regulating criminal jurisdiction. (Marks-4)
b) Discuss what are the various rules regulating Civil and Criminal Jurisdiction
of States under International Law. (Marks-6)
I.D. No. ___________________
4. a) Mr. Anderson was an Australian national and working in a Multi National
Company in Kenya. Miss Scarlet, a Swiss national was his girl friend. On 22
October 2012 after a heated argument with his girlfriend Mr. Anderson
stabbed her and she died in an hour. The Kenyan police registered a case and
issued an arrest warrant. Mr. Anderson sought asylum in Australian
Embassy in Kenya and the same was granted. Kenya objected grant of
asylum to Mr. Anderson and requested the Australian Embassy authorities to
hand over Mr. Anderson. Discuss whether the asylum granted by Australian
Embassy is legal under International Law on the basis of decided cases.
(Marks-3)
b) Define Nationality. Explain various modes of acquisition and loss of
nationality under International Law. (Marks-7)

5. a) As a general rule a treaty may not impose obligations or confer rights on


third parties without their consent. But Vienna Convention on Law of
Treaties makes certain exceptions to this rule Discuss. (Marks-3)
b) Discuss important stages involved in a formation of a Treaty. (Marks-7)

6. a) Define State Recognition. Distinguish between De facto and De Jure


Recognition of State. (Marks-5)
b) Discuss the law relating to recognition of Belligerency and Insurgency and its
effects. (Marks-5)

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


a) Consuls.
b) Extradition.
c) Direct and Indirect State Responsibility under International Law.

*************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
INTERNATIONAL COMMERCIAL ARBITRATION (OPT.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) Define Arbitration agreement.
b) Define International Commercial Arbitration.
c) Explain Institutional Arbitration.
d) What is Arbitration Clause?
e) Explain Adhoc Arbitration.
f) What is the General rule regarding appointment of presiding arbitrator?
g) Explain the Principle of Kompetenz-Kompetenz.
h) What is Arbitral Award?
i) What is Submission Agreement?
j) Discuss the fixing of Arbitrator Remuneration under International Chamber
of Commerce (ICC) Rules.

2. Discuss the grounds and procedure to challenge the appointment of an


arbitrator? (Marks-10)

3. Discuss the Rights and Responsibilities of arbitrator? (Marks-10)

4. Arbitral Procedure is a blend of adversarial and inquisitorial legal system.


Comment on the statement in the light of various methods of presenting
evidence to an Arbitral Tribunal. Support your answer with relevant arbitration
rules and case laws?
(Marks-10)

5. Discuss the conditions for the enforcement of Foreign Award, Under the New
York Convention? (Marks-10)

6. Discuss the Advantages of getting the dispute resolved Under ICC (International
Chamber of Commerce)? (Marks-10)

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


a) Requirements of Arbitration agreement.
b) International Conventions.

*********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
DIRECT TAX (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in 50 words approximately) :


(Marks 10x1=10)
a) Define Assessee as per Section 2(7) of Income Tax Act.
b) Define Previous Year, as per Section-3 of Income Tax Act. What are the
exceptions?
c) Define Person as per Section 2(31) of Income Tax Act. Who includes as a
person?
d) Explain the term Person having substantial interest in the company as per
Section 2(32) of Income Tax Act.
e) Define the term India as per Section 2(25A), of Income Tax Act.
f) Define Gross Total Income as per Section 14, of Income Tax Act.
g) Explain the term Resident but not ordinarily resident as per section 5(1).
h) Define Leave Travel Concession as per section 10(5).
i) Define Income of Minor as per Section 10(32).
j) Name the five heads of income as per Section 14 of the Act.

2. Write exhaustive note on Income not included in the Total Income. (Marks-10)

3. a) Write the detail note on Total Income & Residential Status of the Assessee?
(Marks-7)
b) Mr. C, a Japanese citizen left India after a stay of 10 years on 01.06.2006.
During the financial year 2007-08, he comes to India for 46 days. Later, he
returns to India for 1 year on 10.10.2008. Determine his residential status for
the A.Y. 2009-10. (Mark-3)

4. Explain in detail in respect of the following: (Marks-5x2=10)


a) Classification of perquisites
b) Valuation of perquisites

4. Write the exhaustive note on Income from Residuary Sources & Specific Sources.
(Marks-10)
6. Write the exhaustive note on Income from Employment. (Marks-10)

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


a) Personal Expenditure v. Business Expenditure
b) Principles of a Good Tax System
c) Taxation of Non-Resident.

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII & IX
WTO (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in 50 words approximately) :


(Marks 10x1=10)
a) Production Process methods and like products
b) Like products
c) Technical regulations
d) BoP under WTO
e) Non-tariff barriers
f) National Treatment
g) MFN Treatment
h) Precedent under WTO
i) Subsidies under the ASCM Agreement
j) Serious injury

2. SPS and TBT Agreements limit the discretion of importing countries otherwise
available under Article XX(b). Do you agree? Give reasons for your answer.
(Marks-10)

3. What is zeroing? Is it permissible under the AD Agreement? Discuss in light of


decided cases. (Marks-10)

4. Textile quota regime was an unjustified exception to the liberal trade regime.
Discuss. (Marks-10)

5. Agreement on Safeguards modifies Article XIX. Do you agree? Discuss in light of


decision of the Appellate Body in Korea-Dairy products and Argentina-Footwear
cases. (Marks-10)

6. How is GATS structurally different from GATT? (Marks-10)

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


a) Principle of national deference
b) Domestic Regulation under GATS

*****************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER IX
CYBER LAW (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in 50 words approximately) :


(Marks 10x1=10)
A) State whether the following are True or False with reasons:
i) All digital signatures are electronic signatures
ii) Search engines are not intermediaries.
iii) IT Act, 2000, applies to contract for sale or conveyance of immovable
property.
iv) IT Act, 2000, has extra territorial application.
v) Digital signature under IT Act, 2000, uses symmetric crypto system
B) Answer, with reasons, the following in the light of facts given below:
Pritha after sending an e-mail from a cyber caf forgot to sign out from her
account. Abhijeet who went to that caf after Pritha found her mail id open
and send phonographic emails to all her friend and family.
i) Has Abijeeth committed identity theft?
ii) Has Abijeeth committed cheating by personation?
iii) Has Abijeeth committed cyber pornography?
iv) Has Abijeeth violated Prithas privacy?
v) Has Abijeeth committed breach of confidentiality?

2. What are the different cyber contraventions recognised under the IT Act, 2000?
(Marks-10)
3. A common definition of terrorism is the systematic use or threatened use of
violence to intimidate a population or government and thereby effect political,
religious, or ideological change and can be easily propagated with the help of
internet. How effective is the IT Act, 2000 in preventing and punishing cyber
terrorism and cyber security. (Marks-10)

4. To what extend are intermediaries protected under the IT Act, 2000. (Marks-10)

5. How is the concept of e-governance recognized in India? (Marks-10)

6. Does the IT Act, 2000, restrict the use of internet as a mechanism to foster free
speech? (Marks-10)

7. The Internet does not tend to make geographical and jurisdictional boundaries
clear, but Internet users remain in physical jurisdictions and are subject to laws
independent of their presence on the Internet. How is jurisdiction fixed in case of
issues relating to internet? (Marks-10)

*****************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
ENGLISH LANGUAGE
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) Explain doublets. In legal English Law do we normally come across doublets?
Give a few examples.
b) What are determiners?
c) What are prefixes and suffixes? How are they used to coin new words?
d) Explain adverbs. How is an adverb different from an adjective?
e) What are Verbals? How many kinds of Verbals you are familiar with?
Illustrate.
f) Comment on Tense and Time. Are they same or different?
g) What role prepositions play in making sentences? Give a few examples of the
idiomatic use of prepositions.
h) What is meant by maxim Ubi jus ibi remedium?
i) Explain Plagiarism.
j) What do you mean by maxim Vis major ?

2. What is the importance of English Language in the study of Law Subject? How
can a good command of language excel one in the Law Profession and in its
practical application? (Marks-10)

3. What is communication? Write a note on communication competence. What are


different types of communication? (Marks-10)

4. a) Explain the meaning of the following legal Maxims: (Marks-5x1=5)


i) COMMUNIS ERROR FACIT JUS
ii) ACTUS NON FACIT REUM NISI MENS SIT REA
iii) AUDI ALTERAM PARTEM
iv) EX TURPI CAUSA NON ORITUR ACTIO
v) LEGES POSTERS PRIORES CONTRARIAS ABROGANT

b) In the followings pairs, bring out the difference in meaning, Explain by using
them in sentences: (Marks-5x1=5)
Allusion, Illusion
Already, All ready
Accept, Except
Affect, Effect
Beside, Besides

5. Do as directed : (Marks-10)
a) Push the door hard and it II open. (Turn it into a formal expression)
b) Now that he is back in prison, we will have to try again. (Turn this formal
expression into a colloquial)
c) Better be careful (Expand-remove the ellipsis).
I.D. No. ___________________
d) Weve met before. (Add a tag question).
e) Lunch finished, the guests retired to the lounge. (Make the expression
informal)
f) Italy is ------------------ European Country. (Use article)
g) Everyone respects honest person. (Use article)
h) He the room and .. down in the chair. (Cross, Sit use
the verbs correctly)
i) Is he seriously ill? (Give a negative reply)
j) I prefer coffee . tea. (Use a correct preposition)

6. In legal profession, what is the importance of drafting and pleading? What


measures should be taken to make them more effective? (200-250 words)
(Marks-10)
7. Write an essay on anyone of the following subjects: (350-450 words) (Marks-10)
a) English Consonants and Vowels.
b) Spoken English and Personality development.
c) Use of audio-visual in teaching and learning.
d) HNLU as I desire and cherish it to be!

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
ECONOMICS (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) What were the failures of Forest Policy 1952?
b) What do you understand by the term Fallow Land?
c) What was the immediate objective of Population Policy 2000?
d) What was the method of calculation of HDI proposed by Biswajeet Guha?
e) What is the meaning of Expected Years of Schooling in HDI?
f) State four objectives of National Mineral Policy 1994.
g) Mention four factors determining cropping pattern of Indian agriculture.
h) Explain the term Rural Development.
i) What is the job of Merchant Banker in capital market?
j) Explain the meaning of Minimum Wages?

2. Land reforms alone will not get rid India of its vast number of abject poverty.
Land reform is not sufficient but a necessary condition for poverty eradication.
Throw light on the given statement. (Marks-10)

3. Discuss how SSIs play a significant role in overall socio-economic fabric of Indian
Economy. (Marks-10)

4. The main purpose of Indias Industrial Policy of the Government is to maintain a


sustained growth in productivity and to enhance gainful employment. Examine
the given statement. (Marks-10)

5. Discuss in detail the steps undertaken by SEBI to improve market efficiency and
to promote healthy capital market development. (Marks-10)

6. While discussing how industrial sickness adversely affect the health of Indian
industrial sector, mention various measures which are offered to sick units to
help them do regain their health and stand on their own feet again. (Marks-10)

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


a) India as a mixed economy
b) Co-operative Market
c) Social Infrastructure

**********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
ECONOMICS (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) Who is a Poor?
b) For what purpose Umbrella Legislation was drafted?
c) How efficient labour market promotes economic growth?
d) Why vicious circle of poverty is considered as an obstacle to economic
development?
e) What do you understand by democratic planning?
f) What are the economic objectives of economic planning?
g) What is a starvation Line?
h) Mention the components of Human Poverty Index.
i) What is the purpose of Employment Assurance Scheme?
j) Mention two schemes under NALSA to promote legal aid.

2. How disparities between regions can pose a threat to the stability of the
economy? What are the policy measures initiated by the Government to
overcome the problem of regional disparity? (Marks-10)

3. While mentioning different features of Indian constitution discuss in detail the


fundamental rights which guarantee civil liberties in order to sustain peace and
harmony among the citizens of India. (Marks-10)

4. What are the Constitutional provisions and welfare programmes that has been
framed for promoting the welfare and upliftment of Scheduled Castes and
Scheduled Tribes in India. (Marks-10)

5. Do you agree that Bonded Labour and Child Labour are closely linked to broader
socio-economic problems of limited economic opportunities, irregular and low
wages, faulty policies, social exclusion and historical legacy? Also discuss the
various legal safeguards for the rehabilitation of bonded and child labour in
India. (Marks-10)

6. Right to Information and Right to Education empower people to make proper


use of their economic and legal rights, enable them to build their strengths and
assets and results in overall productivity gains. Justify. (Marks-10)

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


a) Concept of Poverty line in India
b) Welfare schemes for Vulnerable groups: Women and Children
c) Right to Shelter and Right to Work.

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
PRINCIPLES OF TAXATION LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) There can be many sources of income under one Head of Income but there
cannot be more than one Head for a particular source of income. Comment.
b) Describe the need to determine residential status of an assessee.
c) When a company is said to be non-resident as per the Income Tax Act, 1961?
d) Define the term income.
e) What is house property?
f) How the previous year is determined for income tax purposes?
g) Explain the types of taxable entities on the basis of their residence.
h) What do you understand by the term Agriculture Income under the
provisions of the Income Tax Act, 1961?
i) Can rental income of a tenant from sub-tenant be taxed under the head
Income from House Property? Also write reason.
j) Distinguish between tax evasion and tax avoidance.

2. Allowance is a fixed monetary amount paid by the employer to the employee for
meeting some particular expenses, whether personal or for the performance of
his duties. These allowances are generally taxable and are to be included in the
gross salary unless a specific exemption has been provided in respect of any such
allowance.
In the light of this statement discuss the meaning, types and taxability of
allowances under the head Salary of the Income Tax Act, 1961. (Marks-10)

3. How would you determine the annual value of house property for the purpose of
computing tax on income from house property? And also explain the conditions
which are needed to be satisfied for property income to be taxable under this
Head. (Marks-10)

4. a) Explain the meaning of term Deemed Owner as provided under section 27 of


the Income Tax Act, 1961. (Marks-5)

b) Incidence of tax under section 22 of the Income Tax Act, 1961 is attracted
only if assessee is the owner of house property but here owner does not mean
ownership in the legal sense. Explain. (Marks-5)
I.D. No. ___________________
5. a) Dr. Amrendra Prabhakar, a professor of law in Jawahar Lal Nehru
University, Delhi got Rs. 5,000/- from Jawahar Lal Nehru University, Delhi
for setting of question papers of different courses in the previous year
relevant to the assessment year 2011-12. He also got, in the said previous
year, Rs. 10,000/- from Banaras Hindu University, Varanasi for delivering
lectures on different topics of Environmental Law. He further got Rs. 50,000/-
from a renowned multinational company for legal counseling. Discuss the
taxability of these receipts as salary in the hands of Dr. Amrendra
Prabhakar. (Marks-5)

b) What are effects of tax evasion and tax avoidance? (Marks-5)

6. Since the exercise of the power of search and seizure is a serious invasion made
upon the rights, privacy and freedom of a tax payer, the power must be exercised
strictly in accordance with law.
In the light of this statement discuss the relevant provisions of search and
seizure as provided under the Income Tax Act, 1961. (Marks-10)

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


(i) Deduction under the head salary
(ii) Taxability of Perquisites
(iii) Depreciation Allowance
(iv) Meaning of Assessee under the Income Tax Act, 1961.

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER I
ECONOMICS (MAJOR & MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) What is Diamond-water Paradox?
b) Define Opportunity Cost & Selling Cost.
c) What is Marginal Rate of Substitution (MRS)?
d) What is meant by time preference in the context of interest theory?
e) Define MEC.
f) What is National Income?
g) What is CRR?
h) What is production possibility Frontier?
i) What is the difference between Extensive cultivation & intensive cultivation?
j) Define Cross Elasticity of demand.

2. All Versions of the quantity theory of money link the general price level to the
change in supply of or demand for money. Explain with help of relevant
equations. Also show the relationship between Cambridge K & Fishers V.
(Marks-10)

3. A monopoly firm may earn normal or abnormal profit or may ever incur losses
in the short run. Do you agree with this statement? Explain & distinguish
between the first, second & the third degree of price discrimination. (Marks-10)

4. Keynesian theory of effective demand is the heart of the modern macro


economic analysis. Discuss (Marks-10)

5. Discuss the concept of Inflation. What is Demand Poll inflation? How does the
concept of inflationary gap explain a continuous & persistent increase in the
general price level? (Marks-10)

6. Explain clearly the marginal productivity theory of distribution. Discuss the


modern theory of wage under perfect competition. (Marks-10)

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


i) Public Finance
ii) Central Bank & its policies
iii) Price-output determination in perfect competition.

************
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
POLITICAL SCIENCE (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) What is a political system and how is it different from government?
b) What do you mean by the Preamble to the Constitution of India?
c) What are the reasonable restrictions imposed on a citizen with regard to
his/her Right to Freedom of Speech and Expression under Article 19(1)(a) of
Indian Constitution?
d) What do you mean by the expression Procedure Established by Law in the
context of Article 21 of the Constitution and how is it different from Due
Process of Law?
e) What is the significance of Directive Principles of State Policy?
f) What do you mean by the principle of Collective Responsibility?
g) What is public interest litigation and who can file a case under public interest
litigation?
h) What are the jurisdictions of High Courts in India?
i) What role does an interest group play in a political system?
j) What are the main features of the Constitution (Seventy-Third) Amendment
Act, 1992?

2. The Prime Minister is seen as the leader of the people, leader of the party,
leader of the government and the leader of the nation. Discuss the statement in
the light of the powers and position of the Prime Minister of India. (Marks-10)

3. Discuss the powers of lower house of Parliament in detail and establish the
superior position it enjoys in relation to the upper house of Parliament.
(Marks-10)

4. Over the years, the Governors of Indian States have acted more as agents of
centre than as Constitutional Heads of the State. Critically examine the
statement. (Marks-10)

5. Write an essay on centre-state relations in India highlighting the areas of


tension between the union and the state governments over the years. (Marks-10)

6. Critically examine the problem of defections in Indian politics and its impact on
government and governance of the country. (Marks-10)

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


a) Special Powers of Rajya Sabha
b) Power of Judicial Review
c) Political Parties and Pressure Groups in Indian Polity

**********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER III
POLITICAL SCIENCE (MINOR)
(INDIAN POLITICAL SYSTEM)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)

a) Why has India been described as a parliamentary democracy?


b) Explain the term We the People of India.
c) Why is India Called a Republic?
d) What freedoms have been guaranteed in Article-19 of Indian Constitution?
e) Under what circumstances National Emergency can be declared in India?
f) Why is India called a Federal State?
g) Name the writs issued by the High Court.
h) Why is the Supreme Court of India known as the Court of Records?
i) What are the main features of 74th Amendment Act?
j) What are discretionary powers of Governor?

2. What is Fundamental Rights? Critically examine the fundamental rights enjoyed


by Citizens of India. (Mark-10)

3. Make as analysis of the Centre-States relation in India. (Mark-10)

4. Discuss the Composition, Power and Function of the Union Council of Ministers.
(Mark-10)

5. Examine the role and functions of Chief Minister of the State. (Mark-10)

6. What are the main aims of Panchayati Raj? Analyse the structure and functions
of its institutions with reference to 73rd Amendment Act. (Mark-10)

7. What do you understand by national and regional parties? Make an analysis of


the role played by regional Political Parties in India. (Mark-10)

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
ECONOMICS (MAJOR)
(LAW POVERTY AND DEVELOPMENT)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Legal Aid to poor movement which started with the formation of Legal Aid
Society in Bombay as voluntary organization to provide legal aid to poor litigants
in the year 1924, had covered a long distance in many phases. It has seen
formation of good number of committees and their recommendations, formation
of legal societies and finally setting up national level, state level and district
level Legal Aid Service authorities. Now the law schools have also joined the
movement and running legal aid clinics in their campuses.
Try to recollect history of legal aid to poor movement in India and attempt to
throw light on the following: (each answer should be written in 50 words
approximately): (Marks 10x1=10)

a) NALSA
b) Modern dynamic concept of Legal Aid to Poor
c) Legal assistance to poor during the British period
d) CILAS
e) Kerala Legal Aid (to the Poor) Rules, 1958.
f) Main Recommendations of Law Ministers Conference, 1957
g) Justice P.N. Bhagwati Committee (Gujrat) 1970
h) Major recommendations of Justice V.R. Krishna Ayer Expert Committee, 1973
i) National Juridicare Committee, 1974
j) Lok Adalat

2. Operation Muradmbatswina (literary meaning Drive out Trash in Shoan


language). This in official terms is known as Operation Restore Order, an
operation launched by the Zimbabwean Government headed by Mr. Robert
Mugabe, in 2005. The ideology of the Government behind this whole operation
was to forcibly clear slums across the country. This resulted in 2.4 million people
being affected; leading to forced eviction of these people from their only homes
they knew. Thousands of families fled and took refuge in order countries.
This act of the Government had led to severe criticism from the United Nations
and human right organizations that driving out the rural and urban homeless
poor was violation of human rights. However the Governments claim was
otherwise, it stated that the operation was mere crackdown policy on illegal
housing and removal of slums nothing else.
The total population was 11.7 million persons. The per capita GDP (2001) was
$ 1720 of India. The impact of operation Murambatswina was that the
percentage of people living below poverty line in urban areas significantly
decreased. The number of BPL in rural areas also declined. Thus impact was
more pronounced in urban areas. The Incidence of urban unemployment
decreased by 23% and urban illiteracy 34% in the same year.
According to Zimbabwean Government the gains of crack down drive were
immense. The cities had become beautiful. The crime rates dropped. Per capita
I.D. No. ___________________
availability of civic amenities increased without any additional financial burden
on Government. The problem of urban housing also eased.
To Government, Operation Murumbatswina proved an effective measure
of removing poverty by removing slums and rural migrants from the urban
areas.
Attempt all questions listed below:
a) Why would there be an international outcry over the matters of a Sovereign
Government of Zimbabwe which tried to make its country look beautiful by
removing ugly spots of slums and illegal settlements? (Marks-2)
b) Give your analytical comments in brief on Operation Murambatswina.
(Marks-3)
c) Do you think Operational Murambatswina is a novel idea for eradicating the
poverty by eradicating the poor? (Marks-1)
d) Do you think that developing countries like India also launch drive like
Operation Murambatswina? (Marks-1)
e) If you have any other innovative/novel idea or model to solve the problems of
your own country, discuss covering all aspects. (Marks-3)

3. What do you understand by poverty? Discuss developmental and legal measures


adopted by the Government to address the problem of poverty in India.
(Marks-10)
4. In last few decades the search for an alternative to GNP as a measure of
economic development has led computation of comprehensive indices of
development. These searches has resulted preparation of development indices.
Human Development Index is one of such indices.
a) What do you mean by Human Development Index?
b) What are different component of Human Development? Discuss.
(Marks-10)

5. Discuss Rights crucial to the vulnerable groups in India. (Marks-10)

6. What do mean by Bonded Labour System? Discuss the main provisions of the
Bonded Labour System (Abolition) Act, 1976? (Marks-10)

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


a) National Legal Services Authority Act, 1985
b) Changing Employment Pattern in India.
c) PIL

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
SOCIOLOGY (MAJOR)
(SOCIAL PSYCHOLOGY)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)

a) What is fundamental attribution Error?


b) What is Social Cognition?
c) What are the applications of Social Psychology?
d) What is Cognitive Psychology?
e) State the Hazards of Positive Stereotypes.
f) How do you mean attachment styles in Relationship satisfaction?
g) Explain Social Categorization.
h) Mention the ethical issues in Social Pressures.
i) What is classical conditioning in formation of attitude?
j) Explain the Experimental Method.

2. How do Social Norms influence behaviour? (Marks-10)

3. Do Social Psychological factors contribute to stereotyping and prejudice? Explain


with suitable examples. (Marks-10)

4. What are the common problems in close relationships? (Marks-10)

5. How can Social and Cognitive interventions help to overcome stereotypes?


(Marks-10)
6. What are the Ethical issues involved in conducting research in Social
Psychology? (Marks-10)

7. How do Social Pressures influence Obedience? (Marks-10)

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER V
POLITICAL SCIENCE (MAJOR)
(INDIAN POLITICAL SYSTEM)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words


approximately): (Marks 10x1=10)
a) Define features of a Core in world system.
b) Sceptics view on Globalization.
c) Bretton Woods Conference.
d) Marxist view on Globalization.
e) Power as defined by Realists.
f) What are main causes of First World War?
g) What are the impacts of Collapse of Soviet Union?
h) What are the obstacles in the way of Disarmament?
i) What is a Regional Organization?
j) What are the objectives of SAARC?

2. Define features of Terrorism. Trace the evaluation of the phenomena of


Terrorism as transitioning from a transnational to a global pattern affecting
world security. (Marks-10)

3. Critically trace the trajectory of Liberalization/Privatization/Globalization (LPG)


as defining new contours of International Political Economy. (Marks-10)

4. Evaluate the working of IMF and WTO in impacting the process of development
initiated by countries of third world? (Marks-10)

5. Relevance of non-alignment has become a subject of great debate in Post Cold


War Contemporary World. Analyse. (Marks-10)

6. Evaluate the significance of United Nations organization in maintaining World


Peace with the help of its principal organs. (Marks-10)

7. Describe the basic Principles and determinant of Indian Foreign Policy.


(Marks-10)

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER VII
LAW OF EVIDENCE
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be written in 50 words approximately):


(Marks 10x1=10)
a) What is meant by Presumption of fact?
b) Distinguish between relevancy and admissibility.
c) What do you understand by public document?
d) Define certified copies.
e) What is meant by judgment in rem ? Give an example.
f) Explain and illustrate Primary evidence.
g) Does electronic record include document?
h) Give an example of promissory estoppel.
i) Why confession before police officer is not relevant?
j) What do you mean by T.I. Parade?
2. a) Critically examine the evidentiary value of Section 113 B of Indian Evidence Act
with special reference to Section 304 B and Section 498 A of I.P.C with case laws.
Can a person who is acquitted under Section 304 B be convicted under section
498 A ? If, yes, under what circumstances? (Marks-5)
d) The rules of evidence are, in general, the same in Civil and Criminal Proceedings.
Comment and state if there are any exceptions to these rules.
(Marks-3)
e) Can a confession made by an accused while in police custody be proved against him?
If yes, to what extent? (Marks-2)
3. a) Are electronic records admissible in evidence? If yes, under what circumstance?
Answer with reference to the provisions of the Indian Evidence Act. (Marks-4)
b) How far, under what circumstances, and for what purposes can previous judgments
be deemed relevant? (Marks-2)
c) Are the following judgments against B relevant against C in the later cases=
i) A prosecutes B for adultery with C, As wife. B denies that C is As wife, the court
convicts B for adultery. Afterwards, C is prosecuted for bigamy by marrying B
during As life time. C pleads that she was never wife of A. (Marks-2)
ii) A prosecutes B for stealing his cow and B is convicted. A afterwards sues C for
the cow which B had sold to C before B was convicted. (Marks-2)
4. a) What is the difference between Substantive Law and Adjective Law with reference to
Evidence Act? (Marks-2)
b) A is charged with dishonestly receiving stolen property under section 411 of the
Indian Penal Code. In course of investigation the police asked A where the property
was ? A replied that he had buried the property in the fields. He took the police to
the spot and pointed the earthen pot in which the property was kept. He then told
the police that was he who had buried the property there.
Are the two statements of A admissible under section 24? If not, whether they can be
admitted under some other section? (Marks-2)
c) Explain with reasons on whom the burden of proof lies in the following cases- (3x2)
(Marks-3x2=6)
i) Burden of proving that a person is alive who has not been heard of for eight
years.
ii) Burden of proving death of a person known to have been alive within forty years.
I.D. No. ___________________
iii) A is charged with travelling on a railway without a ticket. On whom does the
burden of proving that he has a valid ticket lie? How the traveler can prove his
bonafides?
5. a) It is no derogation of evidence to say that it is circumstantial- Explain with case
laws what tests such evidence must satisfy in order to be accepted as proof ?
(Marks-3)
b) Critically examine the evidentiary value of Dying Declaration with the help of
decided cases. Do you think that the transaction which resulted death amounts to
dying declaration. (Marks-4)
c) Define expert. State the circumstances in which expert evidence is admissible in civil
or criminal matters. Does experts testimony differs from that of an ordinary
witness? (Marks-3)
6. a) It is the cardinal principles of criminal law that the burden of proof always lies on
the prosecution subject to certain exceptions. What are the exceptions? Explain with
statutory provisions. (Marks-4)
b) D, when he was a minor, sold his house to E for Rs. 50,000. At the time of sale D
made a false representation as to his age to E who believed D to be of competent age.
After the sale deed was written and registered and after he had taken the sum of
money D refused to deliver E possession of the house.
Is D stopped from stopped from proving his minority in avoidance of the sale? Give
reasons. (Marks-3)
c) A destitute woman is raped by a police officer within the police station when she had
been brought for questioning with regard to some matter. in the subsequent
prosecution for rape , the medical evidence had established the factum of sexual
intercourse.
The woman further has stated in her evidence that she was forcibly raped and that
she did not consent to the rape.
The police officer, however, contends that she being an immoral woman had taken
advantage of the absence at the time and had offered her services for a price.
Can the court make any presumption in such case ? (Marks-3)
7. a) Stolen goods are recovered from the possession of the accused just after a few days of
the theft/dacoity. What presumptions, if any, can be made against him?
(Marks-2)
b) Leela married Deepak on 1 January 2009. Soon after, Leela also started having an
st

adulterous relationship with Sanjay. On 1st June 2010, Deepak divorced Leela under
Section 13 (1) of the Hindu Marriage Act. A child was born to Leela throughout the
period of marriage and also thereafter.
Is the child a legitimate child in terms of the evidence Act? (Marks-3)
c) A tape-recorded statement especially in cases under Section 161 or 385 I.P.C. is
admissible in evidence. However, the Supreme Court has consistently reiterated a
number of preconditions, which must be satisfied before the same is taken to be
admissible. What are these necessary conditions?
Explain with the help of relevant provisions of law judicial precedents. (Marks-5)

***********
I.D. No. ___________________

End Term Examination, November-2012


SEMESTER IX
NATIONAL REGULATION OF INTERNATIONAL TRADE
[NRIT (HONS.)]
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Define the following. Answer the following (each answer should be written in 50
words approximately): (Marks-10x1=10)

a) Import of goods
b) Export of goods
c) Dumping
d) Margin of dumping
e) Margin of injury
f) Special Economic Zone
g) Capital account convertibility
h) Current Account convertibility
i) Role of Foreign Investment Promotion Board
j) Import of services

2. Discuss the role of ministry of commerce in promoting international trade and


implementation of foreign trade policy. (Marks-10)

3. Discuss any one Bilateral Investment Agreement signed by India. (Marks-10)

4. Discuss in brief the export promotion programs applicable in India. Are they
compatible with the disciplines of the WTO Agreements? (Marks-10)

5. How does the government regulate quality of products meant for export? Discuss
the laws if any. (Marks-10)

6. Special Economic Zones involve a huge cost on society. Therefore the government
at the centre and state level closely regulate their functioning although there is
attempt to lessen unnecessary procedural hurdles. (Marks-10)

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


a) Authorized person under the FEMA
b) SEBI Foreign Venture capital Regulations

***********