QP End Term April 2010

Hidayatullah National Law University, Raipur
End-Term Examination, April-2010

Semester - II
ECONOMICS (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. What is meant by National Income. Discuss the various methods of measuring national
income.
2. Discuss Keynesian theory of Employment. What is the basic difference between Classical
theory of employment and Keynesian theory of employment?
3. What is Inflation? Discuss the causes of inflation and also remedial measures to control
inflation.
4. Discuss functions of Central bank of a country.
5. Write short Notes on any two of the following:

a. Fiscal Policy
b. Credit Control
c. Commercial Banking
*************
Semester - II
POLITICAL SCIENCE (MAJOR)
1. “Hobbes political philosophy concerning sovereignty, laws, rights and liberties is premised on
his perception of human nature, the life they lived in the state of nature, and the nature and
structure of the social contract made between the individuals.” Discuss.
2. “To Mahatma Gandhi while it was the means that justified the end; for Machiavelli it was the
end that justified the means.” Critically examine the statement by comparing and contrasting
both Machiavelli and Mahatma Gandhi’s views on religion, politics, morality and ethics.
3. Critically examine John Locke’s views on ‘social contract’, and compare and contrast the same
with the social contract of Thomas Hobbes and Jean Jacques Rousseau.
4. Discuss in detail Jawaharlal Nehru’s views on ‘democracy’ and ‘secularism’.
5. Write short notes on any two of the following:

a) Montesquieu’s Theory of Separation of Power
b) Plato’s Philosopher King
c) Aristotle’s Best Attainable State
*************
Semester - II
SOCIOLOGY (MAJOR)
1. Critically analyze the Spencer’s theory of evolution of society with suitable examples.
2. Discuss the relevance of Schutz’s Phenomenology in studying social issues.
3. Critically examine the concept of capitalism through the lenses of Post modernity with
suitable examples.
4. Analyse the Postmodern Condition in relation to Big Science and Little Science and its
impact on humanities and social political thought.
5. Write two short notes from the following:

a. Characteristics of Deconstruction
b. Relative Deprivation
c. Habitus
***************
Semester - IV
JURISPRUDENCE - I
1. Critically examine the following statement, explain the 'Living Law' concept of Ehrlich and
also point out the scope of its application in Indian legal system;
"To attempt to imprison the law of a time or of a people within the sections of a code is about
as reasonable as to attempt to confine a stream within a pond. The water that is put in the
pond is no longer a living stream but a stagnant pool, and but little water can be put in the
pond."
2. "The science of jurisprudence is concerned with positive laws, or with laws strictly so called,
as considered without regard to their goodness or badness".
Critically evaluate the Austinian notion of jurisprudence and its legitimacy, more specifically
in light of the experience of Nazi regime in Germany and 1975-1977 emergency in India.
3. Lon L. Fuller rejects the notion of natural law as a body of authoritative "higher-law" axims
against which human enactments must be measured instead he speaks of the theory or study
of good order and workable arrangements.
In light of the above observation critically examine the Fullerian thesis of the inner morality
of law.
4.
i. Discuss the merits and demerits of justice according to law. Can there be
justice without law?
ii. Discuss the uses and importance of the study of jurisprudence.
5. We must be prepared to use the legal system to defend a core of morality, because "society
means a community of ideas; without shared ideas on politics, morals and ethics no society
can exist… they can not be kept private from the society in which we live."
In light of the above statement discuss the Hart-Devlin debate on the issue of enforcement of
morals through criminal law.
**************
Semester - II
LAW OF CONTRACT - I
1. Define Contract and explain the following statement with relevant cases-
“All contracts are agreements but all agreements are not contracts.” Marks-10
2.
a. Define Consideration and elaborate the principle “An agreement without consideration is
void”. What are the exceptions to this general principle?
Marks-6
b. Mother of Ram, gave her property to Ram and directed him to give Rs. 500 per annum to
his brother Shyam. An agreement was also made between Ram and Shyam in which Ram
promised to give Rs. 500 per annum to Shyam. But Ram did not keep his promise.
Shaym filed a suit against Ram to recover the amount. Ram argued that Shyam has given
no consideration for the promise made by him and thus it is not enforceable. Decide the
case? Marks-4
3.
a. What is undue influence? What is the effect of undue influence on a contract?
Marks- 4
b. X is 17 years old but he represented that he has attained the age of 19 years. He borrowed
money from the money-lender to whom he has made such representation and executed a
promissory note therefore. Thereafter he filed a suit seeking cancellation of the
promissory note. Whether he will get success? Is any remedy available to the money-
lender? Will there be any difference in the answer if the money-lender had knowledge at
the time of execution of promissory note that X was minor? Marks- 4
c. A sells a horse to B by auction. A knows the fact that the horse is of unsound mind but he
says nothing to B about this fact. B files a suit to revoke the contract on the basis of
fraud. Whether B will win the case? Marks- 2
4.
a. Discuss the doctrine of frustration with relevant case laws? Marks- 7
b. M contracts with N to sing at his theatre and N pays her Rs. 1000/- in advance. M fell ill
seriously and became unable to sing on the fixed date. N files a suit against her
demanding the return of the advance money and also for recovering damages for the loss
arising to him due to breach of contract. Decide.
Marks-3
5. Differentiate between the following- (any 4) Marks-10
a. Temporary Injunction and Perpetual Injunction
b. Fraud and Misrepresentation
c. Wagering agreement and Contingent Contract
d. Contract and Quasi Contract
e. Prohibitory Injunction and Mandatory Injunction
f. Void agreement and Voidable contract
***************
Semester - VI
IPR (GENERAL)
1. Define the followings in thirty words:-
(i) Service Mark (ii) Trade Dress

(iii) Passing off (iv) Utility model
(iv) Synergism (vi) Specification
(vii) Anticipation (viii) Bio-piracy
(ix) Notional Skilled Addressee (x) Cognate invention
2. Write the difference:-

i. Trade Mark and property mark.
ii. Registered Trade Mark and Non-Registered Trade Mark.
iii. Pre-grant opposition and Post-Grant opposition.
iv. Patent System and Sui generis system.
v. Person skilled in art and motional skilled addressee.
3.
a. Fill the blanks:
i. The knowledge in public domain is known as __________ .

ii. The main test of trade mark is __________ .
iii. Obvious combination of known devices is called as __________ .
iv. Invention is the new process or product which includes inventive step and
__________ .
v. Constitutional validity of section 3 (d) of Patent Act was challenged on the
ground of __________ .
b. Match the followings:-
(i) PCT Publication (a) 48 months.

(ii) Complete specification (b) 15 months.
(iii) Withdrawal of application (c) 12 months.
(iv) Examination Report (d) 18 months.
(v) Request of Examination (e) 3 months.
Page-1
4.
a. A produces a new after-shave lotion to be sold in clear lime shaped bottles to show
off the lime coloured scent. It has the fresh smell of lime. A intends to apply to
register shape of the bottle, the colour of the liquid it contain and the smell as a trade
mark. Can a do so?
b. Rajesh combines the well known device of telephone and television by which one can
not only hear the other person's voice but also see him. Rajesh claims a patent for his
invention. The controller of patents. Refuses the grant of the patent on the ground that
this new device is merely a combination of well-know devices of telephone and
television and lack inventive ingenuity. Do you agree with this decision? Give reason.
5.
a. When does a trade mark become distinctive? Explain with the help of statutory
provisions and decided cases.
b. "Invention must not be obvious for the person who is skilled in the art." Explain the
statement in the light of different types of technology.
*************
Page-2
Semester - VIII
CORPORATE FINANCE (HONS.-II)
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Answers should be analytical in approach. (iv) Answer should be legible.
(v) Answer should be well structured.
(vi) Answer should draw support from practical instances as well as relevant authorities.
1. Indian depository receipts (IDRs) are yet to pick up as attractive option.
Discuss the regulatory framework regarding IDRs in the context of the above statement.
2. Non Performing Assets (NPAs) have long been perceived as a problem and various strategies
adopted for solving it has not worked successfully. In this backdrop securitization comes as a
ray of hope through Securitization and Reconstruction of Financial Assets and Enforcement
of Securities Interest Act, 2002.
Analyze the statement.
3. Issue of debentures poses a different kind of challenge for any regulator as compared to issue
of shares. Analyze the statement in the context of regulatory framework for issue of
debentures in India.
**************
Semester - VIII
INTERNATIONAL TRADE LAW (HONS.-II)
1. Write short notes any five of the following: (5 x 4 = 20)
a) Differentiate GATT 1947 and GATT 1994.

b) Amendment of WTO Agreement.
c) MFN principle
d) Importance of EC- Asbestos Case WT/DS135/AB/R
e) Regional Trade Agreements: Rationale and Benefits
f) Theory of absolute advantage
g) Domestic Support
2.
a. Country A has entered into free trade agreement with country B and C. Country A
decides to take safeguard measures against import of steel products. It imposes
safeguard duty of 40% against import of steel from all countries except country B and
C. Is the safeguard measure taken by country A compatible with Agreement on
Safeguards. Discuss in light of the following facts
(10)
i. Safeguard measure was imposed due to absolute increase in imports from all
sources which included imports from country B and C.
ii. Much of the injury to the domestic industry was caused by imports from
country B and C.
b. Domestic industry of country A requested its investigating authority to initiate
antidumping investigation. It submitted some evidence for injury but did not have
evidence for dumping and insufficient evidence for causal link. Investigating
authority initiated the investigation without seeking more evidence. Is the
investigation compatible with the Antidumping Agreement?
(10)
3. Write short notes on following:
a. What do you mean by ‘Like Products’? Can National Treatment be claimed for
products that are not ‘like’?
b. Technical barriers to Trade (TBT) (2 x 10 =20)
*************

Semester - VIII
C.G. FEDERALISM (HONS.-II)
(iii) Refer case-laws where required.
1. Discuss the meaning of “Executive Power” under the federal scheme of Indian
Constitution. Critically examine the constitutional provisions relating to the administrative
relations between the Centre and States in India.
2. Write a note on Panchayati Raj Institution in India. Critically examine the 73 rd & 74th
Constitution Amendment Act, 1992, with respect to Local Self Government. Discuss whether
the local self government can be considered as a three–tier government in the scheme of
Indian federalism.
3. Write Short Notes on any Four of the Following:

a. Doctrine of Pith and Substance.
b. Role of Finance Commission in the Indian Federal set-up.
c. Grants-in-Aid
d. Territorial Jurisdiction.
e. Role of Planning Commission in India.
**************
Semester - VIII
IPR – PATENT (HONS.-II)
1. Who may file the patent? Describe the true and first inventor with the help of relevant case
laws.
2. Describe the various power of controller, which he can use before the grant of patent under
the patent Act 1970.
3. If it can be shown that the 'new result' was long sought for, the person skilled in the art had
been working without success to attain it and had long regarded it as a problem, and then the
invention of the patentee successfully solved the problem, then such a state of affairs
constituted evidenced of the strongest kind that the prior knowledge did not in fact give on
answer due to the solution. Explain the statement.
************
Semester - X
CLS – CORPORATE REGULATION (HONS.-II)
1. How far it is true that ICDR guidelines 2009 have proved to be one of the solutions to
improve the Capital Market? Whereas many more frauds are still going on and what is the
reason behind it?
2. Who are the intermediaries in the Capital Market Operation? What power is vested with
SEBI to regulate the affairs of Intermediaries? Does Reserve Bank of India played any role in
the regulatory affairs of Intermediaries? Explain.
3. How do you consider that Global Depository Receipts is the off shoots of American
Depository Receipts? What are the rules framed by SEBI for the purpose of obtaining GDR
from the market? Elucidate your answer with live examples.
***************
Semester - X
NATIONAL REGULATION OF INTERNATIONAL TRADE (HONS.-II)
1. Highlight the important aspects of the foreign Trade Policy of India 2009-2014.
2. How does the Government of India regulate the quality of products imported in India and
exported out of India?
3. Discuss various schemes to promote export of goods and services from India.
************
Semester - X
IPR – COPYRIGHT (HONS.-II)
1. What is dramatic work. How it is protected under the Copyright Act 1957. Explain it with the
help of judicial decisions.
2. "The author of the work is the first owner of copyright". Discuss the above statement in the
light of provisions of Copyright Act 1957.
3. What are the rights of Copyright owner under Copyright Act 1957.
**************
Semester - II
FAMILY LAW - I
1. Ameena was the only daughter of the very rich business man, Zaffrullah Khan. He had a big textile
showroom in the main city of Indore. He was taking care of his business for himself and there was no
one else to help him. Ameena was doing her final year B.E in a reputed college in the city of Indore.
She was good in sports and all other co-curricular activities. Her father gave her all necessary
freedom and encouraged her in participating in all activities. Her mother Khadeeja was deadly
against all these things and was nagging her husband to arrange for her marriage immediately as she
was going to complete her course. Because of that Zaffrullah Khan selected a very good and
handsome guy called Mohamed to marry his daughter. Mohamed was the son of a rich businessman
and a distant relative of Zaffrullah Khan. Parents of Mohamed and Ameena decided that the marriage
can be performed immediately after Ameena completes her studies. Mohamed’s parents promised
that they will wait till that time.
One day, as usual, Zaffrullah Khan went for his work. But unfortunately met with an accident and
fractured his leg. Doctors said he won’t move out of his bed atleast for 6 months. Zaffrullah Khan
was much worried about his business. Ameena consoled him by saying that he need not worry about
all these things, and she can take care of his business as she has completed her studies and was totally
free now. As there was no other option, Zaffrullah Khan also agreed. His Manager, Mr Azim was
asked to help her. Though Azim was not well educated he had good experience in the business and he
was much trusted by Zaffrullah Khan. With his help Ameena efficiently managed her father’s
business.
Azeem was attracted by the beauty, brilliance and fine qualities of Ameena. Though she was rich she
was very polite and humble. Ameena was very much attracted by the sincerity and efficient
managerial capacity of Azim. Though he was very poor, he was a true and trustworthy person. The
attraction and liking for each other developed day by day and matured into love. They decided to
marry each other.
Ameena thought her father will not object to her marriage, but was shocked when she came to know
that her father had made all arrangements for her marriage with Mohamed. Ameena and Azim, beset
with grief, felt that now it will be difficult for them to convince Zaffrullah Khan. So they decided,
first they will get married and then inform him and get his blessings. So a valid Nikkah was
performed between Azim and Ameena. Zaffrullah Khan, the moment he came to know about his
daughter’s hasty marriage, got heart attack and was admitted to a hospital in critical stage. Both
Azeem and Ameena felt guilty for their hasty decision. Zaffrullah Khan had a discussion with Azim.
Somehow, he convinced Azim and asked him to forget about the marriage and gave a huge sum of
money to him to leave his daughter. In a state of depression Azim left the city, leaving Ameena with
her father. Ameena was so shocked by the behaviour of Azim that she felt ditched by him. The
marriage between Ameena and Azim was not consummated and they never lived as husband and
wife. Page-1
Ameena was forced into marriage with Mohamed by her parents. Because of the precarious health
conditions of her father and since the whereabouts of Azim was not known, she had no other option
except to yield to the pressure of her parents. But even after her marriage with Mohamed, she was not
able to forget Azim.
After a period of 4 months Azim returned and said that he was interested in continuing his married
life with Ameena, and insisted that Ameena should come and live with him. But at that time Ameena
was pregnant by Mohamed. In a state of confusion, Ameena left for her father’s place.
In the above circumstances, Azim filed an apllication before the court of law, saying that his marriage
with Ameena was a valid marriage and her second marriage with Mohamed was a bigamous
marriage.
Mohamed contended that the so-called hasty marriage between Azim and Ameena was no marriage at
all. There was no consent of the parents or the guardians to the marriage. Marriage was not
consummated. Hence, his marriage with Ameena was valid and not bigamous.
Under the given circumstances:
a) Discuss the validity of the marriage between Ameena and Azim. Whether the offence of bigamy
is committed by Ameena and Mohamed. (5 marks)
b) What are the essentials of a valid marriage under the Muslim Law? (5 marks)
2. Zohra Khatoon was brought up by her maternal grandfather Amjad, as she lost her parents in the
childhood itself. She had no other relative except her grandfather. She was given in marriage to a
person called Jamil Akhtar on 12-4-2004. Jamil Akhtar was an employee of Central Institute of
Psychiatric, Kanker drawing salary of Rs. 10,000/- per month. It was agreed between the parties that
the prompt dower will be rupees 20,000 and the deferred dower will be rupees 40,000 to be paid on
the event of divorce. Amjad was very happy that he had given his grandaughter to a nice person who
has a decent job and decent salary. With that happiness he died.
Life went on very smoothly for Zohra Khatoon for few years. A child was born out of the marriage.
But after that because of bad company Jamil Akhtar got into drinking and all other bad habits. Slowly
he started neglecting his wife and child. Whenever he is drunk he used to abuse his wife with all
filthy languages and beat her mercilessly. Zohra Khatoon tolerated everything because she had no
place to go or no one to support. Jamil Akhtar sold all the valubles at home. He sold even a small
piece of land which was given to Zohra Khatoon by her grandfather. One day when Jamil Akhtar was
heavily drunk he abused Zohra Khatoon that only she brought all ill luck in his life and thrashed her.
Unable to bear it anymore she left the matrimonial home. With her 3 year old son she was left in the
street.
One person called Natraj, who was known to her grandfather sympathized her and took her to his
house. Left with no other option, Zohra Khatoon went with him. But later Natraj started misusing her
helpless situation. In these circumstances unable to maintain herself and her child Zohra Khatoon
initiated a proceeding against Jamil Akhtar under Section 125 of the Code of Criminal Procedure for
monthly maintenance. Immediately Jamil Akhtar settled a meagre amount as maintenance and
returned some jewellery which was brought by her at the time of marriage to Zohra Khatoon.
Page-2
Then Jamil Akhtar contended before the court of law that Zohra Khatoon is not entitled for monthly
maintenance under the Code of Criminal Procedure because he has already divorced her and
according to the provisions of The Muslim Women (Protection of Rights on Divorce) Act, 1986, he
has already settled the maintenance amount to her. She is also not entitled for any dower amount
because she is living in adultery with
Mr. Natraj.
Under the above mentioned circumstances, decide:
a) Whether Zohra Khatoon is entitled for maintenance under the Criminal Procedure Code?
According to The Muslim Women (protection of Rights on Divorce) Act, 1986, what is the
obligation on the husband to maintain his divorced wife? (5 marks)
b) Whether Zohra Khatoon is entitled for the dower amount. Explain the classification of dower
under the Muslim law and also describe the nature of dower under Muslim Law.
(5 marks)
3. The marriage between Meenakshi and Kalyan took place in the temple of Balaji according to Hindu
rites and ceremonies. It was a very happy married life except that there were no children out of the
marriage. Even after 7 years of married life Meenakshi was not able to bear a child. She consulted
many doctors, she went to many temples, and she consulted many fortune tellers too. One famous
fortune teller told her that in this birth she has no chance of giving birth to a child. After this she
started pressurizing her husband to go for a second marriage. He flatly refused and said only
Meenakshi can be his wife in this birth and no one else. After prolonged medical treatment
Meenakshi conceived but the child was born dead. Now the mentally depressed Meenakshi strongly
believed the words of the fortune teller and was very adamant that her husband should marry another
girl. With the consent of all the elders she arranged for the marriage of her husband with her own
sister Shanthi. Since there was also a custom prevailing in their community which permitted a man
marrying the sister of his wife the elders also agreed for it. Much against the wish of Kalyan the
marriage took place. Only to save his wife from her depression due to the loss of the child he agreed
for the marriage. But after the second marriage the life was absolutely fine. Meenakshi again
conceived and gave birth to a male child. Shanthi also had two children born out of the marriage.
Now Kalyan, Meenakshi, and Shanthi are no more. Now there is a property dispute between the
children of Shanthi and the son of Meenakshi.
The contention of the son of Meenakshi is that the children of Shanti cannot claim to the property of
Kalyan as they are illegitimate children.
Under the above circumstances: (According to the Hindu Marriage Act 1955)
i. Discuss about the status of the Kalyan’s second marriage with Shanthi and the status of the
children born out of the marriage. Do the children born out of the second marriage have any right
over the property of their father? ( 5 marks)
ii. When, the status of an illegitimate child can be notionally elevated to the status of a legitimate
child and when it is not possible? (5 marks)
4. Compare and contrast the nature of ‘Hindu Marriage’ with that of ‘Muslim Marriage’.
Page-3
5. Adesh and Akhilesh were twin brothers. Adesh was taking care of his father’s Real Estate business
and Akhilesh was a software Engineer. Adesh married Anusha, who was a Civil Engineer, and
Akhilesh married Deepika, who was also a software Engineer. Their marriage was solemnized on
the same day according to the Hindu rites and ceremonies.
After marriage, Anusha was blessed with a babyboy and Deepika with a babygirl. The entire family
rejoiced and was very happy. Both Akhilesh and Deepika got a good job in the U.S.A and were
preparing themselves to leave for America. Deepika was making all necessary purchases. Once when
she went out for shopping in her scooty, she met with an accident and died on the spot. The whole
family was grief-striken. Akhilesh was plunged in deep depression. He was absolutely not able to
manage the newborn child. The child was comfortable only with Anusha.
Every one consoled Akhilesh and advised him to proceed with his job in the U.S.A. His parents
strongly felt, only if he went to America, he could forget his sorrow and his bereavement – caused by
the sad and unfortunate incident. They felt, eventually, he should marry again and start a new life. In
the mean time the child got attached to Anusha, and Anusha also felt a deeper attachment for the
child. Akhilesh also felt that in a foreign country, in a totally new circumstance, he won’t be able to
manage with the child, if taken along. Adesh and Anusha were ready to adopt the child. Elders also
felt that it will be for the good of Akhilesh, so that he could start his life anew. Akhilesh also
condescended to the proposal. On the day of Akhilesh’s departure to America, in front of all the
relatives, the child was handed over to Adesh and Anusha, and they adopted the child.
Akhilesh lived in America for 3 years. Those three years period of time radically changed his life. He
came back to normal life and agreed for the second marriage, arranged by his parents. He came back
to India for his marriage. After marriage he and his new wife Vinitha stayed in India for 3 months.
During his stay in India he spent a lot of time with his son, Aditya. Both Vinitha and Akhilesh
decided that they will take Aditya with them to U.S.A. But Adesh and Anusha did not agree to it.
They said, they had taken Aditya in adoption, and now he was their child.
Akhilesh argued that it was only in the welfare of the child that they wanted to take him along. In the
U.S.A he could possibly give him the best comforts and the high standards of living. He also said
there were no ceremonies performed according to their caste custom. There was no evidence in
writing whatsoever.. So the adoption could not be valid.
Under the above circumstances:
1. Discuss, whether the adoption of Aditya by Adesh and Anusha is valid, under the Hindu
Adoption and Maintenance Act, 1956? (5 marks)
2. What are the essentials of a valid adoption under the Hindu Adoption and Maintenance Act,
1956? (5 marks)
**************
Page-4
Semester - IV
CONSTITUTIONAL GOVERNANCE - II
1. Critically examine this statement "Though the parliamentary form of government envisaged
under the constitution of India vests the real executive powers in the council of ministers, the
President is not a mere figure head decided of all powers without any aid and advice of the
council of ministers".
2.
a. Whether the opinion of the Chief Justice of India in regard to the appointment of
judges to the Supreme Court and High Courts is entitled to Primacy? Can the
President disregard the said opinion when it is in conflict? Discuss with
Constitutional provisions and the case law on the point.
b. D, a judge of the High Court was transferred by the Presidential order to another High
Court. D challenges the transfer on the ground that the order was issued without his
consent and without the concurrence of the Chief Justices of the two state High courts
concerned and of the Chief Justice of India examine the legal issues involved.
3. Write short notes on the followings:-
a. Exclusive jurisdiction of Supreme Court
b. Appellate jurisdiction of SC.
4. "Post, telegraphs, telephones, wireless, broadcasting and other like forms of
communication"…. Entry 31 List-I
"Public health and sanitation" Entry List-II
Keeping in view the above entries in vii schedule of the constitution, discuss the validity of
the Public Nuisance Act, 1992 enacted by the state of Chhattisgarh, which authorities the
District Magistrates to issue order regulating and even prohibiting the use of sound
amplifiers, loudspeakers and other means of roadside entertainments/amusements if it is so
required in public interest. Acting under the above law, the D.M. Raipur banned the use of
sound amplifiers/loudspeakers after 10.30 pm.
5. Write notes on any two:-

a. Ordinance making power
b. Pardoning power
c. Office of profit.
************
Semester - VI
ADR
1. What is meant by ‘Foreign Award’ under New York convention? Explain the procedure to
enforce these awards in India.
2. “It is incumbent on the tribunal to decide the dispute in accordance with the rules designated by
the parties”- Describe the ‘Party autonomy’ to choose the rules of law as applicable to the
substance of the dispute and the ‘default power of the arbitral tribunal’ to apply the substantive
law.
3. Discuss the ex-officio jurisdiction of the court to set aside an arbitral award.
4. “In arbitration, the competence of the arbitrator comes from the agreement between the parties;
and it is the parties who give to what is essentially a private tribunal the authority to decide
dispute between them”- Comment.
5. Explain the legal framework of Lok Adalat and how does the existing court system in India
integrate different ADR procedures for the settlement of disputes?
***************
Semester - X
HUMAN RIGHTS
1. "All men are born free, they remain free and have equal rights". Discuss.
2. Highlight the three generations of human rights.
3. Discuss the contribution of the United Nations in the promotion and protection of Human
Rights.
4. The Human Rights Council has assumed the role and responsibilities of the International
commission on Human Rights. Comment.
5. Discuss the Constitutional safeguards for the protection of human rights in India.
*************
Semester - VIII
CORPORATE RECONSTRUCTION (HONS.-I)
1. Problem of Industrial sickness seems to know no end. Discuss why, if at all, time has come for
us to get out of this hopelessness.
2. Takeover code in India has so frequently been amended as to give an impression that it has
outlived its utility. Analyze the statement.
3. Analyze the challenges posed to the merger initiatives in banking industry in the backdrop of
regulatory framework meant for this purpose.
**************
Semester - VIII
INTERNATIONAL INVESTMENT LAW (HONS.-I)
1. Explain the nature and scope of the principle of Permanent Sovereignty over Natural
Resources (PSNR) as it is applied in international investment law. Refer to the relevant
doctrines.
2. Do you think that the controls instituted by the host state on environmental grounds can be
regarded as takings which are compensable? Explain the requirement relating to
environmental protection with reference to S.D. Myers Vs Canada and the Schufeldt Claim.
Do you also consider that the multi-national corporations are liable for extra-territorial
control by the home-states? Refer to the case Doe Vs. Unocal.
3. Discuss the impact that emergencies have on the investment treaty obligations. Refer to the
concepts of necessity and force majeure and the cases of CMS Vs. Argentine Republic,
LG&E, and National Oil Corporation Vs Libyan Sun Oil. Point out the relevant provisions of
International Law Commission’s Draft Articles of State Responsibility.
**************
Semester - VIII
COMPENSATORY DISCRIMINATION (HONS.-I)
1. "So sadly and oppressively deep-rooted is caste in our country that it has cut across even the
barriers of religion. The caste system has penetrated other religious and dissentient Hindu
sects to whom the practice of caste should be anathema and we find that practitioner of other
religious faiths and Hindus dissentients are sometimes as rigid adherents to the system of
caste as the conservative Hindus".
In light of the above observation critically evaluate the recent demand of reservation from the
Muslim Community.
2. "The compensatory discriminatory provisions relating to women are neither enough nor well
intentioned".
Discuss the recent controversy on Women Reservation Bill before the Parliament. Do you
think that it should be passed in the present form or it should allow reservation within
reservation?
3. The wrong implementation of reservation policy has resulted into creation of a special
beneficiary class among the SEBCs. It has also created vested interest and thereby
politicalisation of the whole issue.
Do you think that creamy layer formula should be applicable to the SCs/STs also?
***************
Semester - VIII
IPR-TRADEMARKS (HONS.-I)
(iii) Substantiate your answers with the help of relevant cases and provisions.
Q 1. 'Passing off does not confer monopoly rights to any names, marks, get-up or other indica. It
does not recognize them as property in its own right'. Explain. How is passing off different
from infringement? What is the importance and significance of trade dress? Elucidate your
answers with the help of case laws and live examples.
Q 2. With reference to general principles of registration give the procedure for registration and
opposition of trademark. Why should general principles be kept in mind before registration
where absolute and relative grounds are mentioned separately? Give relevant cases.
(10+5+5)
Q. 3 Write Short Note on any Four, (a) is compulsory:

a) Can part of trademark or trade name be used as a separate trademark? Give your
opinion on the issue referring to Google-Bharatmatrimony Controversy.
b) Deceptive similarity
c) Honest Concurrent User
d) Geographical Indication
e) Trade Dress (4x5 = 20)
****************
Semester - VI
BANKING LAW
Note: (i) Answer any FOUR questions. Q.No. 01 is Compulsory.
(ii) All questions carry equal marks.
Q.1 The Bansal Bank (Private) Ltd, which is carrying on business at Chhattisgarh, originated from Bansal
and Company Ltd. Bilaspur, incorporated in November 1944 with the main object of carrying on money-
lending business. In May 1946, the company was converted into a banking company and in November
1946 its name was changed into Bansal Bank (Private) Ltd. All its shares are held by its three directors
who are closely related. The Banking Companies Act, 1949, came into force on 16-3-1949. On 14-9-
1949, the Bank applied to the Reserve Bank of India for a license to carry on banking business. The
Officers of the Reserve Bank inspected the said bank in July 1952. A report of that inspection was
prepared on 11-10-1952. The inspection appears to have revealed the existence of certain defects in the
working of the bank. The Reserve Bank therefore decided to keep in abeyance the consideration of the
question of issuing a license evidently with a view to watch the progress of the bank in eradicating the
defects pointed out by the inspection report.
The defects noticed were the subject matter of subsequent correspondence between the Bansal Bank
(Private) Ltd. and the Reserve Bank of India. A fresh inspection was carried out in September 1956
under the provisions of the Banking Regulation Act. That inspection report also revealed certain defects.
The RBI was evidently not satisfied that the affairs of the Petitioner bank were being conducted in the
interests of the depositors. The question of the grant of license was taken up. The RBI directed the Bank
to show cause for the same. A copy of the inspection report was provided to Bansal bank also.
After considering the representation of the Bansal bank the RBI by its letter dated 18-3-1957, declined to
grant the license to carry on banking business in terms of the first proviso to Sub-section (2) of Section
22 of the Banking Regulation Act, 1949.
Decide and support your answer with the relevant provisions.
Q.2 Discuss the role and power of High Court in the winding up of Banking Companies.
Q.3 (a) Highlight the significance & failure of lead bank scheme.
(b) 'Social Control' imposed severe restrictions on the management & administration of Banking
Companies. Discuss how the priority sectors lending was promoted through social control on
Banks.
Q.4 The relationship between Banker & Customer is as elusive as the word ‘customer’; however banks
undertake to exercise their services in various capacities. Discuss
Q.5. Write short note on any Four:
a. Drawee
b. Moratorium
c. Indorsement
d. Dishonor of Negotiable Instrument.
e. Cash Reserve Ratio
*************
Semester - II
ECONOMICS (MINOR)
1. While discussing salient features of Indian economy discuss the problems of development.
2. Give an overview of Indian agriculture in 21st century.
3. Discuss the trend, composition and direction of foreign trade in India.
4. Explain the role of public sector enterprises in Indian economy. Also give your own view on
privatization.
5. Write short notes on any two of the following:-

a) Public Sector enterprises in India
b) Poverty in India
c) National Income in India
**************
Semester - IV
LAW OF CONTRACT - II
1. ‘Bailment implies a sort of relationship in which the personal property of one person
temporarily goes into the possession of the other'
Comment on the above Statement and bring out the essential feature of bailment.
A customer gave his banker a sum of money for transmission by telegraphic transfer to his
own firm at another place. The bank decided to hold the money for their balance of account
against the customer. Is the bank liable to customer?
2.
a. What do you mean by sub-agent? When can a sub-agent be employed? Illustrate your
answer.
b. A directs his solicitor to sell his estate by auction and to employ an auctioneer for the
purpose. B names C an auctioneer to conduct the sale.
Is C a sub-agent?
3. Discuss fully the effect of non-registration on the rights of the partnership. X and Y
purchased a taxi to ply it in partnership. They had done business for a year. When X, without
the consent of Y disposed of the taxi, Y brought a suit for recovery of his share in sale
proceeds. X set up the defense that the partnership was not registered and as such the suit was
not maintainable.
4.
a. Does the authority of a partner to bind the firm continue even after the dissolution of
the firm?
b. How does partnership differ from joint venture?
c. What are the essentials of a partnership?
5. What is meant by agencies by ratification? What are the essentials of valid ratification? And
also discuss the effect of the ratification?
*************
Semester - II
SOCIOLOGY (MINOR)
1. Do you agree with the statement “survival of the fittest”? Give explanations in the light of
Spencer’s theory of Social Darwinism.
2. Discuss the applicability and importance of Phenomenological Sociology in studying social

phenomena/issues/problems.
3. Critically examine the concept of capitalism through the lenses of Post modernity with
suitable examples.
4. Analyses the Postmodern Condition in relation to Big Science and Little Science and its
impact on humanities and social political thought.
5. Write two short notes from the following:

a. Structural Typology of Social Systems
b. Talcott Parsons’s Analysis of Sociobiology
c. Various aspects of middle range theory
***************
Semester - IV
IPC (LAW OF CRIMES)
1. What offence or offences have been committed by A, in the following case:
a. A, a thief attempts to take out the purse of B, who has a loaded pistol in his pocket. As soon
as the thief puts his hand into B’s pocket, the pistol goes off and B is shot dead.
b. A, a cobbler, aged about 20 years , who inflicted an injury on the neck of deceased B, aged 22
years with a pen knife from behind was convicted under section 304 (II) of the Penal Code
for culpable homicide not amounting to murder. The tragedy took place as a result of quarrel
between two boys over a loan of Rs. 10.00. The deceased was taken to the hospital and died
fifteen days after as a result of septic poisoning from the wound.
Do you approve or disapprove of A’s conviction under section 304 (II) I.P.C for culpable
homicide not amounting to murder? Give reasons in support of your contention. If you were a
judge for what offence would you convict A. Give reasoned arguments for your views?
2.
a. A , a minor girl who was a student of B.Sc second year class in Hindu college Delhi, asked
by B on telephone to meet her, in B’s car at a bus stop in North Delhi. A went to that place
and finding B awaiting got into that car of her own accord. B took her to certain place and
then to the office of the Registrar of Marriages and got the agreement of marriage registered.
Thereafter, both remained as husband and wife. There was no evidence that any force or
inducement was used. On the contrary, it appeared that insistence of marriage came from A’s
(girls) side. After a few days B, was arrested on a complaint made by A’ s father for
kidnapping as A was minor at the relevant time.
Is B, guilty of kidnapping? Will it make any difference if B, had telephoned A, to meet him
and had proposed for marriage? Explain with the help of cases, if any.
b. Ms. X, went to a police station at about 9.00 p.m. on 1 st January, 1994 along with her two
companions to lodge a complaint for kidnapping. While they were leaving the premises, a
police constable Y, asked Ms. X to wait at the police station and told her companions to
move out. The direction was complied with. Immediately thereafter, Y, took Ms X, into a
latrine situated at the rear of the main building, of the police station and raped her in spite of
protests and resistance on her part.
In a charge for rape Y, takes plea of consent on the part of the woman for the act of
intercourse and hence pleads not guilty. Decide the case as a Magistrate giving reason for
your judgment. You may take help of authorities in support of your views.
What is difference between ‘consent’ and ‘submission’? Illustrate with the help of examples.
3.
a. A stole a handbag from a house and while carrying it away was seen by B. On being
challenged A , threw the bag and wounded B, with a knife. What offence or offences, if any
has been committed by A ?
Will it make any difference in liability :
i. If B would have allowed A to carry the bag on payment of Rs. 100;
ii. If A would have managed to carry the bag after wounding B;
iii. If A threw the bag and managed to escape.
b. Romeo was the lover of Juliet. He was unhappy that Juliet recently was paying him less
attention since her husband John had returned to Kualalumpur after completing a post-
graduate course in California. Romeo decided to ‘even the score’ with John. He concealed a
six-inch long and sharp kitchen knife under his sweater and went to John’s flat situated on the
2nd floor of a condominium block. Romeo rang the doorbell. John opened the door. He knew
Romeo but had no idea that he had been having an affair with Julliet. So, John greeted Romeo
warmly. However, Romeo’s hatred for John rose up within. He pulled out the knife and
stabbed John twice, inflicting one wound in John’s neck and another on the upper part of his
right arm. John staggered backwards with blood flowing profusely from each wound. Romeo
advanced towards him brandishing the knife. John, in panic and pain, summoned up his
reserves of energy, turned, ran to the balcony and jumped over it. In falling to the ground his
right arm was fractured and the two knife wounds were further torn.
Neighbors summoned an ambulance, which arrived from a nearby hospital in 15 minutes.
John who was still conscious refused to be taken to the hospital. This was because during his
stay in California he had fallen under the influence of a small sect and had been persuaded
that all modern medical treatment was contrary to the ”natural order of life “ and so should
never be resorted to. The ambulance attendants could not do much beyond making John
comfortable where he laid in the face of his adamant refusal to be taken to the hospital. After
an hour of considerable loss of blood, John died.
The subsequent post-mortem examination revealed that if John had been treated in the
hospital during that one hour his chances of survival would have been some 80%.
Discuss Romeo‘s liability for the death of John. Will refusal of John to medical treatment,
which might have saved his life, relieve Romeo’s liability ? Discuss.
4.
a. State the circumstances with illustrations under which an abettor may be punished for an
offence different from that which was abetted.
b. “RIGHT OF PRIVATE DEFENSE IS NOT A SWORD BUT A SHIELD “- Give
justification of the above statement.
5. Briefly discuss the facts, legal arguments and judgment of the case NAZ FOUNDATION Vs
GOVERNMENT OF NCT OF DELHI AND OTHERS.(Delhi Law Times) 2009.
*************
Semester - VI
CORPORATE LAW-II
1. Mergers & Acquisitions are an integral part of the new economic paradigm, especially in today’s
booming Indian economy. Many companies are enchanting advantage of Mergers & Acquisitions as a
strategy for growth, and occasionally for an exit. The inclination of companies towards the merger
and acquisition activities has resulted in serious concern for ministry of corporate affairs. The
reconstruction process i.e., merger usually is delayed by the objections raised during the proposal of
the scheme. The Apex court witnessed the reconstruction as a result of family disputes of the
promoters of the company or to meet the financial needs or to compete the global market. J.J.Irani
Committee Report recommended for the new framework to govern the merger and acquisition
activities. Cross border merger is still idol from the provisions of company law though it is proposed
in the new Companies Bill. By this we deduce how significant the merger and acquisition activity is a
study in the present context. Under the light of Companies Act, 1956 and with the help of decided
cases explain the following problems of merger.
a. Whether exchange ratio approved by shareholders of amalgamating company can be
questioned by a small group of dissenting shareholders?
b. Does the non disclosure of the fact that the chartered accountant entrusted with the valuation
of the shares was also a director of the amalgamating company amounts to contravention of
section 393(1)(a).
2. Explain the constitution, powers and functions of Regulatory Body constituted for regulating the
capital market in India, under the provisions of SEBI Act, 1992.
3. Discuss the role of audit committee, and the auditors with reference to the Corporate Governance in
India. And briefly explain the basic principles of Good Corporate Governance.
4. Explain the circumstances in which a company may be wound up voluntarily and the conditions to be
fulfilled for bringing about a members’ voluntary winding-up.
5. A group of shareholders of Pixar Movies Ltd. filed an application before the Company Law Board
(CLB) alleging various acts of Oppression and Mismanagement by Mr. McGrath, the Managing
Director of his associates. During the course of hearing before the CLB, the authorized representative
of the said company contended that the alleged transactions had taken place several years ago and the
company has already removed the Managing Director, who was responsible for such transactions and
hence there is no case before the CLB to interfere in the working of the company. Against the
submissions on behalf of the company, the applicants submitted that although the oppression was
done in past and the Managing Director has been removed, but the company is still controlled by the
persons, who are in league with the erstwhile Managing Director and are working as his henchmen.
In the light of the above facts, state the merits of the applicants’ arguments and the powers of the
Company Law Board with the support of the decided cases.
*************
Semester - VIII
DIRECT TAX (OPTIONAL)
Note: (i) Q.No. 3 and 4 is unavoidable; attempt any two questions from the rest.
(ii) Answer should be within 300 words (iii) All questions carry equal marks.
(iv) Relevancy and legal reasoning is obligatory for answering the questions.
(v) Conjecture that the students are well sentient with the financial act 2010-
2011 and the rates prevailing in this assessment year.
1. Distinguish between previous year and assessment year. Is there any compulsion to close the
books of accounts on 31st March each year? Discuss. The normal rule is that income of a
previous year is assessable to tax in the following assessment year. Is there any exception to
this normal rule? Discuss.
2. Shiva, the Karta of a HUF went to Germany for his family affairs on April 14, 2002. He had
never been out of India before. He however, came to India for 65 days on June 30, 2004 and
returned back to Germany again.
During the period of his stay at Germany, he used to manage his family from there by
sending verbal and written instructions.
Determine the residential status of the family for the assessment years 2003-04, 2004-05 and
2005-06.
3. Discuss whether the following incomes are assessable to tax in India in the hands of a non-
resident assesses on deemed accrual basis;
a. Income by selling goods of a business of Canada through a branch office in India.

b. Income by exporting plant & machinery.
c. Fees received in USA from a Non-Resident for technical services rendered to the
business carried on by such non-resident in India.
d. Interest received in Canada for lending money to a resident individual for the
purchase of plant & machinery to be used by the individual for the setting up of a
business in Canada.
4. From the following particulars of income and other relevant matters of 'X' for the year 2009
—10, compute his total income and tax liability.
a. Basic Salary – Rs. 9, 5000 per month.

b. Dearness allowance (not forming part of salary) – Rs. 2,100 per month.
Page-1
c. Dearness pay (forming part of salary) – Rs. 1,050 per month.

d. House rent allowance – Rs. 600 per month (he stay in a rented house in Kolkata
paying monthly rent of Rs. 1,200).
e. Arrear dearness allowance received (relating to the year 2008-09) – Rs. 1,200.
f. Loan received from employer – Rs. 50,000/- (taken for the purpose of marriage of his
daughter).
g. He contributes to the recognized provident fund @14% of salary (basic salary +
dearness pay). His employer also contributes a similar amount. Interest @ 13.5% per
annum amounting Rs. 8,100 is credited to this fund during the year.
h. His employer has deposited income tax of Rs. 2,400 and professional tax Rs. 600 in
his name after deducting these sum from his salary.
i. He has invested a sum of Rs. 10,000 in NSC and Rs. 5,000 in fixed deposit with UCO
Bank.
j. He has earned bank interest of Rs. 7,5000 and i9nterest from US 64 Banks of Rs.
5,400 during the year.
5. Define "transfer" as per Income Tax Act 1961. Discuss when transactions are not regarded
as "transfer" for the purpose of computing income under of "Capital Gain."
****************
Page-2
Semester – VIII & X
MARITIME LAW (OPTIONAL)
1. “The right of innocent passage is the result of an attempt of reconcile the freedom of ocean
navigation with the theory of territorial waters”-Jessup. Examine how far the concept of
innocent passage as explained in UNCLOS III has succeeded in reconciling the concept of
Freedom of Navigation and the Coastal States’ sovereignty over adjacent waters.
2. How is a Bill of Lading different from a Charter Party? Briefly examine the important
functions of Bill of Lading.
3. “The ship has not arrived until she is actually in a dock or berth…” Explain the concept of
‘Arrived Ship’ and differentiate between ‘Lay time’ and ‘Demurrage’.
4. Describe the evolution and development of Admiralty jurisdiction in India in the light of
Elisabeth case.
5. “Charter parties are entered into on standard terms, established by agreement and used by
charterers and ship owners. However, there are few rules as to what may or may not be
agreed in Charter Parties”. Briefly explain the general principles from the areas of possible
variation in a voyage Charter Party?
**************
WTO (OPTIONAL)
1.
a. Country A initiated antidumping investigation against imports of cotton textiles from
country B. Exporters from Country B felt that investigation was not being conducted
as per the requirements of the antidumping agreement. Therefore they requested their
government to approach the dispute settlement mechanism. Before country A could
take antidumping measures Country B asked country A for consultations.
Consultations failed. Country B asked the dispute settlement body to set up Panel. By
the time Panel was set up Country A imposed antidumping duties on imports of
cotton textiles from country A. As a lawyer for country A advise the government
how it can defend itself before the Panel.-----------(5)
b. What do you understand by the principle of National Deference. Discuss its role
under the WTO Agreement. -------------------------------------------------(5)
2. What are the rules relating to customs valuation under the WTO Agreement and what is the
purpose of having such rules?--------------------------------------------------10)
3.
a. Government of India wants to ban the import of genetically modified tomato from
Japan. As a legal advisor to the government of India advise what it should so as not to
violate the provisions of the WTO
Agreement.-----------------------------------------------------------------------------------------
------------(5)
b. What are the differences between technical regulations, standards and conformity
assessment procedures? Can a country have technical regulations and standards which
are higher than the existing international standards?
----------------------------------------------------------------(5)
4. Do you agree that the WTO dispute settlement mechanism is an improvement over the
existing international dispute settlement systems? Give reasons for your
answer.-----------------------------------------------------------------------------------------(10)
5. Write Short Notes on any two of the following:
a. Positive list approach under GATS.
b. General Exceptions under GATS.
c. Import Licensing Procedures.
**************
COMPETITION LAW (OPTIONAL)
1.
a. SUN Direct and Reliance BIG TV are the two Companies providing DTH Service in
Chhattisgarh, in 2010 they entered into an agreement, in which they agreed that SUN Direct
will not provide their service in Raipur, likewise the BIG TV will not operate in Bilaspur –
Examine the validity of this agreement on the basis of Indian Competition Act.
(2 Marks)
b. SUN Direct, a DTH Service company entered into an agreement with Agrawal Electricals,
Raipur to sell the SUN DTH, one of the clause in their agreement is that Agrawal Electricals
should not sell any DTH Product other than SUN Direct
– Examine the validity of this agreement on the basis of Indian Competition Act.
(2 Marks)
c. Briefly explain the law relating to anticompetitive agreements under the Indian Competition
Act. (6 Marks)
2.
a. “Dominant position of a company/firm is not considered per se bad under the Indian
Competition Act, but only its abuse” – Justify the statement along with suitable reasons.
(2½ Marks)
b. Explain the provisions under the Indian Competition Act for the determination of dominant
position and for the regulation of its abuse. (7½ Marks)
3. Explain the circumstances under which a combination between two or more companies will come
within the purview of Competition Act, 2002 and its regulatory framework.
4.
a. “Determination of Appreciable adverse effect and Relevant Market are the major task of
Competition Commission in any investigation” – Explain what you mean by Appreciable
adverse effect and Relevant Market, what are the factors to be taken into account while
determining the Appreciable adverse effect and Relevant Market?
(8 Marks)
b. Explain the provisions relating to Competition Appellate Tribunal (2 Marks)
5. Write Short notes on:-
a. Competition Commission of India (5 Marks)

b. Competition Advocacy (3 Marks)
c. Define Cartel and Predatory Price. (2 Marks)
************
WOMEN & LAW (OPTIONAL)
1. Swami Vivekanand has aptly remarked: "Just as a bird could not fly with one wing only, a
nation would not march farward if women are left behind." Being conscious of the need of
the time the framers and founding fathers of our constitution incorporated certain sacrosanct
ideals in the form of comprehensive rights for women so as to metamorphose the abstract
ideals into a concrete form. Discuss
2. "The Muslim women (Protection of Rights on Divorce) Act 1986" was enacted in reaction of
dynamic stand and reformative approach adopted by the Supreme Court of India in the case
of Mohd. Ahmad V. Shahabano Begum. Do you think that the enactment of parliamentary
law secures the right of muslim divorced wife in the same way and with same magnitude
with which shahbano case was decided?
3. What do you mean by sexual harassment? What is the history of the development of sexual
harassment law? What guidelines has been provided by the Supreme Court the case of
Vishaka V. State of Rajasthan? Discuss
4. Supreme Court of India has given green signal to the Maharashtra Govt. Act on Jan., 18,
2009 by their judgment rendering live in relationship as valid as marriages. Critically
examine the above judgment and how live in relationship is a threat so the institution of
marriage?
5. "Law should be used as an instrument of distributive justice to achieve a fair division of

wealth among the members of society based upon the principle: from each according to his
capacity, to each according to his needs" critically examine the above statement in relation to
industrial legislations ensuring gender justice in India.
***************
Semester - II
POLITICAL SCIENCE (MINOR)
1. “Critically examine Aristotle’s conception of state and his views on the ‘best attainable state’.
2. “Hobbes political philosophy concerning sovereignty, laws, rights and liberties is premised on
his perception of human nature, the life they lived in the state of nature, and the nature and
structure of the social contract made between the individuals.” Discuss.
3. “Rousseau’s Sovereign is Hobbes’ Leviathan with its head chopped off.” Substantiate the
statement in the light of the absolute powers Rousseau accorded to the ‘General Will’ in
comparison to those of the ‘Leviathan’ of Hobbes.
4. Critically examine Gandhi’s views on ‘non-violence’, ‘satyagraha’ and ‘swedeshi’ and outline its
significance in the contemporary world scenario.
5. Write short notes on any two of the following:

a) Machiavelli’s Preachings to the Prince on Preservation of State
b) Aristotle’s views on Slavery
c) Gandhi’ views on Satyagraha
****************
Semester - IV
LABOUR LAW - I
1. ‘The concept of ‘retrenchment’ under the Industrial Disputes Act, 1947 is not confined to termination
of services on account of labour surplus only but encompasses within it all terminations except those
specifically excluded in the definition.”
Critically examine the above statement bringing out the correct legal position on the subject. Also
state the circumstances in which retrenchment by the employer of his workman can be held bad in
law entitling the workman ordinarily to reinstatement with back wages.
2. What are the essential characteristics of ‘strike’? How you can differentiate it from ‘lock out’? Do the
following fall within the definition of strike:
i. Go-slow
ii. Sympathetic strike.
iii. Pen down strike.
3. Write notes on:

a. Works committee
b. Conciliation officer
c. Labour court
d. Tribunal
4. An activity to be an industry it is not necessary that it must be carried on by private enterprise or must
be commercial or result in profit. This result is reached by extending the meaning of ‘undertaking’ to
cover activities not strictly trade or business but objects very similar.
Critically examine the correctness of the above statement in the light of provision of
S. 2 (j) of the Industrial Dispute Act, 1947.
5. With reference to the relevant provisions of the Industrial Disputes Act,1947 and the rules and
regulations made there under, advise on following :-
a. An employer in a public utility service Proposes to lock out some employees. Advise him
what he should do?
b. Discuss the consequences of workers participation in strike with special reference to the
question of workers entitlement to wages during the period of strike.
**************
Semester - VI
ADMINISTRATIVE LAW
(iii) Refer case-laws wherever necessary.
1. Write a note on the facts and judgment of the Delhi Laws Act Case (AIR 1951 S.C. 332).
Explain how it legitimized the concept of delegated legislation in India and at the same time
imposed outer limits on delegation of legislative powers by the legislature.
2. Sometimes modification of an existing law by the executive is permissible if such power is

delegated by the legislature to the executive. Explain the different varieties of “Power to
Modify or Alter” which can be delegated in India.

a. Dicey’s concept of rule of law.
b. Delegated legislation in Britain.
c. Personal Bias.
4. Write a note on Montesquieu’s Doctrine of Separation of Powers. Discuss the application of

doctrine of separation of powers in U.S.A.

a. Reasons for growth of delegated legislation.
b. Essentials of Notice.
c. Judicial Control over delegated legislation with respect to Constitutionality of Parent
Act.
***************
Semester - VIII
CIVIL PROCEDURE CODE
1. Order 1 deals with the subject of parties to suits and the issues of mis-joinder and non-joinder
of parties. Who can be considered as necessary and proper parties and when objections as to
non-joinder can be raised?
2. Despite the high significance attached to the pleadings, it may be necessary to amend the
pleadings before or during the trial of the case. When amendment may be allowed? How the
courts have applied the relevant provision.
3. The right to administer interrogatories is a valuable right and the party should not be
deprived of that right. Explain when interrogatories may be allowed. Refer to the cases of
Nishi Prem V Javed Akhtar and Raj Narain V Indira Gandhi.
4. Explain the rules concerning the institution of suits by indigent persons. What happens when
the suit instituted by the indigent person fails?
5. Explain the rule of conclusiveness of foreign judgment as it is incorporated in the Code.
*************
Semester - II
ENGLISH LITERATURE
1. State how the story of "Two Friends" sets a simple example of mutual fidelity and loyalty to
one's country.
OR
Sketch the character of Gabriel Grub.
2. Commenting on the beauty of its lyrical description, bring out the life story of "The Cloud".
OR
How does the poem 'A Psalm of Life' fill you with inspiration and noble action? Can you cite
the names of any other poems or works which have moved you the most?
3. What advice does Francis Bacon give about learning and life in 'OF STUDIES'?
OR
Estimate Charles Lamb as a personal essayist by giving some examples of his unique
blending of humour and pathos.
4. What formative influences drove M.C. Chagla to the legal profession?
5. Show your acquaintance with the life and works of any of the eminent jurists prescribed in
your course.
**************
Semester - X
PROFESSIONAL ETHICS
1. Briefly discuss the composition, powers and functions of the Bar Council of India with the
help of statutory provisions. How can a member of Bar Council of India be disqualified?
(10 marks)
2. What do you mean by Civil contempt? What acts amount to civil contempt? Discuss the
ingredients of civil contempt with the help of leading cases.
(10 marks)
3. “Legal ethics is that branch of moral science which treats of the duties which a member of
the legal profession owes to the public, the Court, to his professional brethren and to his
client…..(Ethics) is the study of the meaning and application of judgments of Good, bad,
right , wrong, etc. and every evaluation of law involves an ethical Judgment.” Comment.
(10 marks)
4. Critically examine the various defenses in criminal contempt with the help of case laws.
(10 marks)
5. “A close and careful interpretation of the extracted section leaves no room for doubt that the
legislature intended that a sentence of fine alone should be imposed in normal circumstances.
The Statute, however, confers special power on the court to pass a sentence of imprisonment
if it thinks that ends of justice so require, thus, before a court passes the extreme sentence of
imprisonment, it must give special reasons after a proper application of its mind that a
sentence of imprisonment of imprisonment is an exception while sentence of fine is a rule.”
Critically examine the above statement with special reference to remedies available against
the punishment for Contempt of court. (10 marks)
*************
Semester - VIII
Cr.P.C.
1. The power of police to arrest a person without warrant is amended by the Code of Criminal
Procedure (Amendment) Act 2008 (through not enforced yet). Explain the amendments in
section 41 of Cr.P.C. 1973 by the above said Amendment Act 2008.
2. What is charge? Discuss the contents and procedure regarding charge. Whether court can
alter or add the charge.
3. The most stringent process to make appearance of the accused compulsory in the court is
attachment of property. Discuss its procedure under Cr.P.C. 1973.
4.
a. Trial before a Court of Session (5 marks)
b. Remedy of an investigating officer in case he wants to detain a person arrested for
more than 24 hours. (2 marks)
c. Can a witness be compelled to sign his statement recorded by the police during
investigation under Sec. 161 Cr.P.C.? Elucidate how such statements are used in
evidence. (3 marks)
5. Write Notes on:-

a. Procedure to be adopted in trial of a summon cases. (5 marks)
b. Effect of non appearance or death of complainant in summon case
(2 marks)
c. Define Bail. How it is different from anticipatory bail? Under what circumstances
such bail can be granted. By which Court can such bail be granted?
(3 marks)
*************

QP End Term April 2010

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

QP End Term April 2010

Uploaded by

Copyright:

Available Formats

Hidayatullah National Law University, Raipur

End-Term Examination, April-2010

4. Discuss functions of Central bank of a country.

5. Write short Notes on any two of the following:

4. Discuss in detail Jawaharlal Nehru’s views on ‘democracy’ and ‘secularism’.

5. Write short notes on any two of the following:

2. Discuss the relevance of Schutz’s Phenomenology in studying social issues.

5. Write two short notes from the following:

ii. Discuss the uses and importance of the study of jurisprudence.

1. Define the followings in thirty words:-

(i) Service Mark (ii) Trade Dress

2. Write the difference:-

i. The knowledge in public domain is known as __________ .

b. Match the followings:-

(i) PCT Publication (a) 48 months.

1. Indian depository receipts (IDRs) are yet to pick up as attractive option.

Analyze the statement.

1. Write short notes any five of the following: (5 x 4 = 20)

a) Differentiate GATT 1947 and GATT 1994.

Hidayatullah National Law University, Raipur

3. Write Short Notes on any Four of the Following:

Under the given circumstances:

Under the above mentioned circumstances, decide:

5. Write notes on any two:-

2. Highlight the three generations of human rights.

Q. 3 Write Short Note on any Four, (a) is compulsory:

2. Give an overview of Indian agriculture in 21st century.

3. Discuss the trend, composition and direction of foreign trade in India.

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

b. How does partnership differ from joint venture?

c. What are the essentials of a partnership?

2. Discuss the applicability and importance of Phenomenological Sociology in studying social

5. Write two short notes from the following:

a. Income by selling goods of a business of Canada through a branch office in India.

a. Basic Salary – Rs. 9, 5000 per month.

c. Dearness pay (forming part of salary) – Rs. 1,050 per month.

5. Write Short notes on:-

a. Competition Commission of India (5 Marks)

5. "Law should be used as an instrument of distributive justice to achieve a fair division of

5. Write short notes on any two of the following:

3. Write notes on:

2. Sometimes modification of an existing law by the executive is permissible if such power is

3. Write Short Notes on any two of the following:

4. Write a note on Montesquieu’s Doctrine of Separation of Powers. Discuss the application of

5. Write Short Notes on any two of the following:

5. Explain the rule of conclusiveness of foreign judgment as it is incorporated in the Code.

4. What formative influences drove M.C. Chagla to the legal profession?

5. Write Notes on:-

You might also like