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Class Roll No.

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Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER –I
SOCIOLOGY (MINOR)
AN INTRODUCTION TO SOCIOLOGY
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Define Sociology and discuss its relationship with other social sciences.

2. Give a critical analysis of major ‘Sociological Perspectives’ to understand Society.

3. Socialization, as a process of training and development of ‘Self’. Analyze with the help of
theories of socialization.

4. What is Kinship? Discuss various types of Kin.

5. Write Short Notes on any two:- (2x5 Marks)


a. Social stratification
b. Status and Role
c. Conflict and Assimilation

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER –III
ECONOMICS (MINOR)
LAW, POVERTY AND DEVELOPMENT
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. “Poverty may be defined as conditions of deprivation of basic needs of people.” While


commenting on the above statement, discuss the role of law in the form of Rights crucial to
poor.

2. Discuss different indicators of development pinpointing India’s position of development on


the basis of those indicators.

3. Write a note on employment generation and rural development schemes launched in last two
decades in India.

4. Discuss Legal Aid to Poor movement in India.

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


a. Human Development Index in India.
b. NAREGA
c. NALSA
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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER-V
CORPORATE LAW-I
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Answers should be as far as possible be supported with legal
provisions and case laws.

1.
a. What do you mean by the term ‘Articles of Association’? Is it necessary for every company to
have articles of association of its own? (Marks 3)

b. The “Doctrine of Indoor Management is an exception to the Doctrine of Constructive


Notice”. Critically analyze and justify the above statement describing the two doctrines in
brief and also talk about the exception to the Doctrine of Indoor Management?
(Marks 7)

2.
a. Explain the meaning, and importance of Prospectus in a Public Issue giving special mention
to the ingredients of a prospectus? Is the issue of Prospectus compulsory on the part of every
Company? (Marks 3)

b. Mention the different types of Prospectus and critically discuss them with the help of relevant
provisions of Companies Act 1956. (Marks 7)

3.
a. What do you mean by the term ‘Allotment of Shares’ and ‘Irregular Allotment’? Discuss the
rules regarding allotment and elucidate the statutory provisions regarding the allotment?
(Marks 5)

b. Who are the persons eligible to become a member of a company and also mention the
different ways of acquiring a membership within that company? Briefly state the liability of a
member and the different ways through which a person ceases to become a member?
(Marks 5)

4.
a. Explain the term Dividend? Are the words ‘Dividend’ and ‘Interest’ synonymous to each
other or are there any differences between the two? What are the sources out of which
dividends are paid and very briefly talk about the different types of dividend?
(Marks 5)

b. What do you mean by the terms “Debenture” and “Charge”? Discuss the different kinds of
Debentures? (Marks 5)

5. Write Short Notes on : (Any 2) (Marks 5 x2=10)


a. Classification of Shares
b. Classification of Companies
c. Transfer of Shares

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Hidayatullah National Law University, Raipur


Class Roll No. ____
End Term Examination, November-2011
SEMESTER –VII
LAND LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1.
a.
i. The State Government announced the settlement for the village of Uparwara
on 1st Nov. 2011, whereas the previous term of settlement expires on 3rd Feb.
2012.
Calculate the date of commencement of new settlement with the help of
relevant provisions of CGLRC, 1959. 2 Marks

ii. Revenue Inspector passed an order against [X] in a particular case. Being
aggrieved from which [X] approaches you (being counsel) for seeking advice
that – whether he should file a review petition or appeal against the said
impugned order of RI. Advice. 3 Marks

b. Discuss the procedure for filing an Appeal. Also discuss the limitation of appeals.
5 Marks

2.
a. Explain with the help of relevant provisions of CGLRC, the appointment &
subordination of the Revenue officers functioning at the District Level.
5 Marks
b. What do you understand by Revision? Who are the appropriate authorities having
revisional powers?
Discuss with the help of relevant provisions & case laws. 5 Marks

3. Discuss the procedure formulated for payment of compensation to the persons interested in
the acquired land. Also discuss the circumstances under which the compensation amount
may be deposited in the court and how the money will be invested.
10 Marks

4. What do you mean by temporary occupation of Land? Explain with the help of relevant
provisions & case laws. 10 Marks

5. Define the following:- (5 x 2 marks)


a. Abadi
b. Improvement
c. Revenue year
d. Survey number
e. Urban area
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Hidayatullah National Law University, Raipur


End Term Examination, November-2011
Class Roll No. ____
SEMESTER –I
ECONOMICS (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Critically examine the wealth oriented and Marshall’s definition of economics.

2. Why does demand curve slopes downward to right? Under what circumstances demand curve
slopes upward right?

3. Explain Marginal Productivity Theory of Wages.

4. “The purpose of Keynesian employment theory is to offer a solution to periods of excessive


unemployment.” Throw light on the above statement with context to Keynesian Employment
Theory.

5. Write short note on:- (any two)


a. Law of Diminishing Marginal Utility.
b. Features of Monopoly and Monopolistic competition.
c. Income Method for calculating National Income.

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER–V
JURISPRUDENCE-I
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Refer cases wherever necessary.

1. “The science of jurisprudence is concerned with positive laws or with laws strictly so called,
as considered without regard to their goodness or badness”- Explain this statement with
reference to John Austin’s Theory of Law. Also point out the major criticisms of Austin’s
Theory and its relevance in Indian Constitution.

2. ‘There are certain rules which any social organization must contain and it is these facts of
human nature which afford a reason for postulating a “minimum content” of natural law’—

In the light of above statement, explain H.L.A Hart’s ‘natural law with minimum content
theory’ and his contribution towards revival of natural law in 20th century. Highlight the
significance of Natural Law in the contemporary times with reference to Indian Constitution.

3. ‘Law grows with the growth and strengthens with the strength of the people, and finally dies
away as the nation loses its nationality’—

Critically examine the above statement with reference to Friedrich Karl Von Savigny’s
Volkgiest Theory.

4.
a. Discuss the main postulates of Sociological School of Jurisprudence and compare it
with Historical and Analytical Schools of Jurisprudence.
(6Marks)

b. Elucidate the theory of Social Engineering propounded by Roscoe Pound


(4 Marks)

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


a. Hart - Devlin Debate on Law and Morals
b. Theory of Status to Contract- A Critique
c. Fuller and Restatement of Natural Law
d. Pure Theory of Law

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Hidayatullah National Law University, Raipur


End Term Examination, November-2011
Class Roll No. ____
SEMESTER –IX
CORPORATE REGULATION (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. Analytically explain the role and contribution of Ministry of Corporate Affairs in regulating
the companies.

2. Critically analyze the development of Corporate Governance in India.

3. Analytically explain the regulation of foreign exchange in Joint Ventures and wholly owned
subsidiaries.

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - I
ENGLISH LITERATURE
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Write an essay on any one of the following topics given below:- (Word limit 450-500)
a. The HNLU of today and how I dream it to be.
b. Contribution to the new technology either by Bill Gates or Steve Jobs.
c. Anna Hazare’s standpoint and his Jan Lokpal Bill.

2. Attempt any one of the following:- (word limit 250-300)


a. A judge who decides wrongly out of motives of self-promotion is no less corrupt than a judge
who decides wrongly out of motives of financial gain:- Comment
b. The use and importance of Language Lab in Learning Skills. – Discuss
c. The Seventh Billion Baby and the aftermath. (your views)

3. Read the passage and make a summary in one-third of its length and give a suitable title.

Lawyers (I confess I am one of them) are supposed to be governed by a code of conduct called legal
ethics, a term often compared to such oxymorons as military intelligence and political wisdom.
Indeed, the code of legal ethics is open to varying interpretations, most of which permit a great deal of
questionable behavior. But this does not distinguish it from any other set of rules by which human
conduct is supposed to be governed. Like all such rules, legal ethics are often more honoured in the
breach than in the observance.

Conduct is governed by values insofar as it is governed at all. The code of legal ethics, like law itself,
is a package of values reduced to writing, codified, and imposed upon people by the coercive power
of government. But mostly, values are not so much what is written in statutes, or even what we think
consciously, as they are what we have internalized in the process of living. My parents taught me
certain values, some by what they said, more by what they did. Some of the early values that still
remain with me are those I learned through association. I grew up with a bunch of hard-playing, hard-
fighting, mischievous, fiercely loyal country boys. To this day I find within myself such principles as,
‘Stand up for your friends, no matter what it costs you,’ ‘Play to win,’ ‘Never snitch.’

In addition to teachings, example by conduct, and associations, I also internalized values through what
I can only call ‘inspiration’. It came most powerfully via a combination of great teachings and great
living: Buddha, Christ, Ramakrishna, for example, or Lincoln and Gandhi in the sphere of politics.
Inspired values also came to me from great thought expressed through great art, as in Whitman,
Wordsworth, Emerson, Thoreau. These inspirational figures had in common an inner law that
completely governed their behavior without regard to, and often in derogation of, the laws and values
of their time.

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Law imposes the values of some segment of the population upon all the rest of the population. In a
democracy it is one form of the ‘tyranny of the majority’ or, all too often, the tyranny of an
economically or politically powerful minority. This is why Emerson said in Self-Reliance, ‘Good men
must not obey the laws too well,’ why Jesus drove the money changers from the temple. Law is often
corrupt, and it is always weak just insofar as its values are imposed from without rather than grown
Class Roll No. ____
from within by teachings, the conduct of others, associations or inspiration. If the values of the law
are not my values, I will break the law, and so will many people much of the time, all people some of
the time, and some people all of the time.
.

Unfortunately, at the present stage of its development humanity is incapable of achieving order
without law. One group’s idea of order is another’s idea of oppression, and so prisons brim with
people who are legally ‘criminals’ but who have done no external harm.
.

Nevertheless, although this is the law at its worst, law is the servant of order, and order in society is
the root value beneath all civil and criminal law. The fact that laws are often stupid and
counterproductive is merely the logical result of the fact that they are enacted by creatures who are so
primitive they cannot otherwise govern themselves.
CHARLES KINGMAN MITCHELL
4.
a. Explain the meaning of the following phrases:-
i. ALIBI
ii. ACTIONAS LEGIS
iii. AUDI ALTERAM PARTEM
iv. PAR IN PAREM IMPERIUM NON HABET
v. SUO MOTU
.

b. Give one word answer:-


i. taking of legal action
ii. a person who has made a will
iii. to withdraw from an agreement
iv. you (ought, should, must) to pay your debts. (choose the right word from the bracket)
v. he confessed his crime (change into a complex sentence)

5.
a. Explain the meaning of the following phrases:-
i. AD HOC
ii. ACTUS REUS
iii. ACTIO PERSONALIS MORITUR CUM PERSONA
iv. UBI JUS IBI IDEM REMEDIUM
v. OMBUDSMAN
.

b. Give one word answer:-


i. General pardon of offences
ii. Something said or done without preparation
iii. Formal suspension of execution of a sentence
iv. I (would, used, ought) to be an atheist, but now I believe in God. (choose the right
word in the bracket)
v. Hearing their father’s footsteps, the boys ran away. (change into a compound
sentence)
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Hidayatullah National Law University, Raipur


End Term Examination, November-2011
SEMESTER - III
ECONOMICS (MAJOR)
INDIAN ECONOMICS
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
Class Roll No. ____
1. Explain in detail salient features of Indian Economy.

2.
a. Explain the role of Agriculture in Indian Economic Development.
b. Discuss in detail Agricultural Marketing.

3. Discus the role of small scale industries in Indian Economy. What are the difficulties of small
scale industries in India?

4. Explain in detail factors to be taken into account while preparing HDI.

5. Write short notes on any 2 of the followings:-


a. Industrial Sickness
b. Public Sector Enterprises
c. Rural Credit

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER –III
SOCIOLOGY (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Critically explain the contemporary approaches to study social problems?

2. Explain different Land Reforms Measures taken in India after the independence?

3. Explain the Varna Dharma and its importance in the Indian society?

4. What is social transformation? Discuss the revolutionary model of social transformation?

5. Short notes on any two:-


a. Tribal Panchasheela
b. Peasant Movements in India
c. Zamindari Tenure

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - III
POLITICAL SCIENCE (MAJOR)
INDIAN POLITICAL SYSTEM
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. “Indian Constitution Leaves behind all the Constitutions in the modern World in the fields of
Rights”. Explain.

2. “The Indian President in the Constitutional head only”. Discuss in the context of Power and
Position.

3. Describe the organization and Jurisdiction of the Supreme Court of India.

4. How is the State Governor appointed? Discuss his Powers and Positions.

5. Write brief note on any two of the following.


a. Special Power of Rajya Sabha.
b. Judicial Review
c. Main features of 73rd Amendment Act.

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - VII
LAW OF EVIDENCE
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Answer any four questions. Answer should be written with relevant provisions of law.

1.
i. On whom does the burden of proof lie in a suit or proceeding? Marks 3
ii. In trial for murder of X, committed in Kolkata on a particular day at a particular place the
accused in his defence asserting that on that day he was in New Delhi. On whom lies the
burden of prove the plea of alibi? Marks 2
iii. To what extent, if any, do the rules of evidence laid down in the Indian Evidence Act apply to
proceedings before (a) arbitrators? (b) Court martial? Marks 3
iv. Explain the term res gestae. Marks 2

2.
i. A agrees in writing to sell a bi-cycle to B for “Rs 1000 or Rs. 1500 .” Can evidence be given
to show which price was to be given ? Give reasons for your answer.
Marks 3
ii. Is the fact that the person accused is of a good character relevant in Criminal proceedings, the
fact that the accused person has a bad character become relevant?
Marks 4
iii. Differentiate between “Relevancy and admissibility”. Marks 3

3.
i. Is there any presumption of law relating to Legitimacy of the child? Discuss in detail.
Marks 5
ii. Explain with reasons on whom the burden of proof lies in the following cases-
(a) Burden of proving that a person is alive who has not been heard of for eight years.
Marks 2½
(b) Burden of proving death of a person known to have been alive within forty years.
Marks 2½

4.
i. “It is no derogation of evidence to say that it is circumstantial”-Explain. What tests such
evidence must satisfy in order to be accepted as proof? Cite case laws.
Marks 4
ii. What are the cases in which secondary evidence may be given of the existence, condition or
contents of a document? Marks 3
iii. What is meant by certified copies? When is it admissible? Marks 3

5.
i. Discuss the various legal provisions under Indian Evidence Act and I.T. Act relating to
relating to admissibility of electronic records and its evidentiary value.
Marks 5
ii. Critically examine the evidentiary value of S.113-B of Indian Evidence Act with special
reference to S. 304-B and S. 498-A of the Indian Penal Code. Marks 5

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - IX
CODE OF CRIMINAL PROCEDURE
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Answer should be written with relevant provisions of law.

1.
i. What are the essential particulars of warrant of arrest? How long does a warrant of
arrest remain in force? Marks-4
ii. Is a police officer arresting a person without any warrant bound to communicate
forthwith to him the full particulars of the offence, or other grounds for which he is
arrested and also whether he is entitled to be released on bail or not ?
Marks-4

iii. How does cognizable offence differ from non-cognizable offence? Marks-2

2.
i. X was arrested without warrant. Can police do so under law? Enlighten X on situation
when this can be done. Marks-4
ii. Explain summons and distinguish it from warrant. Describe the procedure for issue
and service of summons. Marks-4

iii. Is there any separate provision for service of summons on witness?


Marks-2
3.
i. Analytically discuss the legal provisions relating to proclamation and attachment of
property under Cr.P.C. Marks-10
4.
i. When arrest becomes illegal? Briefly discuss the legal remedy available for illegal
arrest. Marks-3

ii. Discuss the hierarchy of criminal courts and its powers and functions with the help of
legal provisions of law. Marks-5

iii. When can a Court issue warrant in cases in which it is empowered to issue summons.
Marks-2
5.
i. How long can a police officer detain in custody a person arrested without warrant?
Marks-2
ii. Examine the provisions of Code of Criminal Procedure (Amendment) Act, 2008
relating to arrest. Marks-5
iii. What is meant by adversarial system of criminal justice? How does it differ from
inquisitorial system? Marks-3

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Hidayatullah National Law University, Raipur


Class Roll No. ____
End Term Examination, November-2011
SEMESTER - V
PUBLIC INTERNATIONAL LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. “International Law is the Vanishing Point of Jurisprudence” – Examine this statement in the
light of development of International Law in 21st Century.
2.

a. Katherine, the daughter of a Foreign Ambassador in India, is studying in a Medical


College in India. She fell in love with her classmate, Sanjay an Indian. Katherine’s
brother Kelvin is studying in an Engineering College and staying in hostel in India.
On knowing about the relationship between Katherine and Sanjay, the Foreign
Ambassador along with his Son, Kelvin and his driver Manohar, an Indian went to the
hostel of Sanjay and attacked him. Indian Police has registered a criminal case for
grievous hurt and attempt to murder. Discuss the liability of Foreign Ambassador, his
son Kelvin and his driver Manohar in the light of Immunities and Privileges
applicable to diplomatic agents under International Law.
(3 Marks)
b. Define Diplomatic Agents. Explain the various immunities and privileges available to
Diplomatic Agents under International Law. (7 Marks)
3.
a. Edward, a British citizen came to India for spending his holiday. While Edward was
roaming around in the city of Delhi, a mob violence took place and he got injured and
also lost his lap top and other valuable things. After few days he went back to UK and
UK government claimed compensation on behalf of Edward from India. Discuss the
liability of Indian State in the light of law relating to State Responsibility under
International Law. (2 Marks)
b. Examine the law relating to State Responsibility under International Law. Also
discuss the various defenses available to state. (8 Marks)

4. Discuss in detail the law relating to Recognition of State under International Law. Explain the
differences between De Facto and De Jure Recognition of a State.
5. Write Short Notes on Any Two:
a. Asylum
b. Extradition
c. Law relating to Incorporation of International Law in Municipal Law of India
d. Territorial Sea, Contiguous Zone and Continental Shelf

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Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - III
POLITICAL SCIENCE (MINOR)
INDIAN POLITICAL SYSTEM
Class Roll No. ____
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Critically examine the powers and position of the President of India.

2. “Over the years, the Governors have acted more as agents of centre than as Constitutional Heads
of the State.” Critically analyse the statement.

3. “The Chief Minister is the pivot around which the entire administrative machinery of the state
revolves.” Discuss.

4. Write an essay on the working of the highest court of justice in India reflecting especially on its
power of judicial review.

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


a) The principle of Collective Responsibility
b) Jurisdiction of High Courts
c) Main Features of the Constitution (Seventy-Third) Amendment Act 1992

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - I
POLITICAL SCIENCE (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. What do you mean by an approach? Discuss in detail the “systems approach” to study of politics
as propounded by David Easton.

2. What do you mean by positive liberalism? Discuss the overwhelming variety of functions that the
state was expected to perform according to the positive liberal theory of functions of state.

3. 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.

4. “Law is the command of the sovereign.” Critically examine this statement and its implications in
the light of John Austin’s monistic theory of sovereignty.

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


a) Marxist Approach to Study of Politics
b) The Church-State
c) Social Contract Theory

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER –I
SOCIOLOGY (MAJOR)
AN INTRODUCTION TO SOCIOLOGY
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. What do you understand by marriage? Discuss the different forms of mate selection.

2. Critically examine Mead’s theory of socialization with suitable examples.

3. Analyze the various forms of social stratification.

4. Discuss the different processes of social interaction with suitable examples.

5. Write short notes (Any two):-


a. Status & Role
b. Kinship Usages
c. Cultural Universals

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER –I
ECONOMICS (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. State and show in diagrams the conditions of short-run equilibrium of a firm under perfect
completion.

2. Critically examine the elements of Ricardian Theory of Rent. Also explain the concept of
Rent in modern economic analysis.

3. Explain in detail the calculation of National Income by Product and Expenditure Method.

4. “Inflation represents a situation where the presence of aggregate demand for goods exceeds
the available supply of output.” Examine the statement.

5. Write short note on:- (any two)


a. ‘Law of supply’
b. Interest
c. Three sector Model of circular flow of income.

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - IX
IPR – COPYRIGHT (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. The exclusive right to prevent copying or reproduction of the work is the most fundamental,
and historically the oldest, right of a copyright owner. Explain the scope of this right in
relation to different categories of work. [10 marks]

b. State the establishment of Copyright Societies and their role in the management of copyright.
[10 marks]

2.
a. Is an author entitled for a right that is not expressly provided by section 14 of the Copyright
Act in the light of section 16? Determine in the context of right of importation.
[15 marks]

b. Match the following: [5 marks]

a) Definition of ‘work of architecture’ 1) Section 9


b) Definition of ‘author’ 2) Section 2(y)
c) Meaning of publication 3) Section 28
d) Term of copyright in Government work 4) Section11
e) Copyright Board 5) Section 26
6) Section 2(b)
7) Section 2(d)
8) Section 3
9) Section 4
10) Section 2 (z)

3.
a. Explain the major remedies available for the infringement of copyright.
[10 marks]

b. Periyar was one of the most influential freedom fighters from Madras. To attract more youth
to the Indian Independence Movement he wrote a lot of articles relating to the then socio
political situation which were then published as newspaper writings and in other magazines
for which ‘Periyar Foundation’ holds valid copyright even today. When Anna Hazare
launched the 2nd Independence Movement, the movement against corruption, ‘Dinakaran’, a
leading news paper in Tamil Nadu reproduced certain articles written by Periyar to show
support to Anna Hazare’s movement. ‘Periyar Foundation’ filed suit for infringement
claiming violation of their rights under section 14 and ‘Dinakaran’ resorted to section 52.
Decide with the help of statutory provisions and case laws.
[10 marks]

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Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - I
Class Roll No. ____
LAW OF TORTS
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. Define the term “Service” as given in the Consumer Protection Act, 1986. Whether
‘Medical Services’ can be covered under the definition of this term? Discuss with the
help of relevant decisions. Marks- 6
b. A Transport Company purchased 10 cars for running these cars as Taxi by the drivers
appointed by the Company. Out of these 10 cars 2 were defective. The case was filed
by the Transport Company against the manufacturer for the defect in the cars under
the Consumer Protection Act, 1986. Whether the remedy will be available to the
Transport Company under the Consumer Protection Act, 1986? Marks- 4
2.
a. What do you understand by “False Imprisonment”? Discuss the essential elements of
“False Imprisonment” with the help of relevant case laws.
Marks- 5
b. Explain the maxim “Volenti Non Fit Injuria” as a defence in Law of Torts. What are
the limitations of this maxim? Marks- 5

3.
a. What do you understand by “Tort of Defamation”? Discuss the essential elements
which are required to constitute the “Tort of Defamation”. Also state its defence.
Marks- 6
b. A student named ‘Roni’ committed misconduct in the college. For his misconduct he
was punished with a fine of Rs. 500/. A news was published in the news paper that
Roni committed misconduct in the college and he was punished for that with a fine of
Rs. 1000/. Roni filed a case against news paper agency for the tort of defamation.
Whether news paper agency will be held liable for the tort of defamation?
Marks- 4
4.
a. Discuss the “Rule of Strict Liability”. Explain in brief the exceptions to this rule. How
it differs from the principle of “Absolute Liability”?
Marks- 6
b. Elaborate the Principle of “Res Ipsa Loquitur” with help of relevant cases.
Marks- 4

5. Write short notes on any two of the following: Marks-10


i. Assault and Battery
ii. Inevitable Accident
iii. Act of God

**************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - III
CONSTITUTIONAL GOVERNANCE - I
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. Explain the concept of ‘State’ under part III of the Constitution and its relevance for
the enforcement of Fundamental Rights.

b. In the light of Constitutional provisions and judicial decisions discuss whether any
writ could be issued against ‘Indian institute of chemical Biology’ (IICB).

2. “The state shall not deny to any person equality before law…” Critically examine this
provision. What can be the guiding principles for classification between two types of offences
for trial by special courts?

3. Discuss the inter relationship between 14, 19 and 21 of the Constitution as enunciated in
Maneka Gandhi v. Union of India (AIR 1978 SC 597). Explain the scope of direct and
inevitable test laid down for dealing with infringement of fundamental rights.

4. Has the Constitution of India any provision to decide as to who belongs to SC, ST or Socially
and educationally backward class? Is the reservation permissible to all the above castes /
classes in initial appointments as well as promotions?

5. Whether the following are included as the fundamental Rights:-


i. Right to Privacy
ii. Right to livelihood
Discuss with provisions and relevant decisions.

***************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - V
ECONOMICS (MAJOR)
LAW, POVERTY AND DEVELOPMENT
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. “Legal measures may be effective means of poverty elimination and social justice in India.”
While commenting on this statement, discuss the role of law in the form of Rights to address
the problem of poverty in India.

2. Discuss different indicators of development and pinpoint where India stands on each
indicator of development.

3. Write a note on the schemes launched by the Government to benefit vulnerable groups in last
two decades.

4. Discuss Legal Assistance to Poor measures initiated in India.

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


a. Law and Child labour
b. CILAS
c. Civil Rights Act

*************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - V
SOCIOLOGY (MAJOR)
SOCIAL ANTHROPOLOGY
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Critically examine the development of Forest Right Act of 2006.

2. Define the development alternatives with a view on the rapid globalization in 21st century.

3. What is social movement? Discuss any four socio-religious tribal movements in India.

4. Give an analysis of present status of tribal women in India.

5. Write short notes (Any two):-


a. Modern scope of social anthropology
b. Gift
c. Kula

*************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - V
POLITICAL SCIENCE (MAJOR)
INTERNATIONAL RELATIONS
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. “International Relations has been basically a system of interactions among Sovereign Nation
State”. Explain.

2. Trace the reasons which led to the beginning of the ‘Cold War’ and how far Cold War was
responsible for the Super-Power rivalry in recent years.

3. What is Non-alignment? Write a note on NAM and its relevance in 21st Century.

4. Discuss about the origin, Structure and achievements of the United Nations Organization.

5. Write brief note on any two of the following:-


a. Difference between New and Old Cold War.
b. Need for Disarmament
c. Specialized Agencies of UNO

*************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - VII
Law of Criminal Procedure (Cr.P.C.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1.
a. “For every distinct offence there shall be a separate charge and separate trial” is the general
rule. What are the exceptions to this general rule? [Marks- 6]
b. ‘A’ was tried by Judicial Magistrate First Class for three distinct offences in a single trial
which are as follows:

i. theft punishable under Sec. 379 of IPC with the imprisonment upto 3 years.
ii. theft in dwelling house punishable under Sec. 380 of IPC with the imprisonment upto
7 years.

iii. attempt to commit theft in dwelling house punishable under Sec. 380/511 of IPC.
‘A’ was convicted for all the above mentioned offences in that single trial. For the first above
mentioned offence punishment of imprisonment of 2 years, for the second offence imprisonment of 3
years and for the third the half of the punishment provided for that offence was imposed. The
Magistrate ordered that the execution of the punishments shall be consecutive.
Where ‘A’ can file the appeal against the judgment of conviction passed by JMFC and under which
provision? What is the limitation period for filing the appeal? Marks- 4

2.
a. When and by whom can orders under Sec. 144 be issued? Whether a person can be deprived
of his right to move freely or the right to assemble guaranteed under Art.19 by issuing an
order under Sec. 144? Discuss in the light of constitutionality of Sec. 144, Cr.P.C.
Marks- 5
b. Elaborate the provisions relating to appeal against the order of acquittal? If in a case instituted
on police report, an order of acquittal is passed what remedy is available to the victim? What
is the limitation period for filing the appeal by the State Govt. and by the complainant?
Marks- 5
3.
a. When can a proclamation and an order of attachment of the property be issued? What is the
remedy available to the person (other than the proclaimed person) who is having an interest in
the attached property? Whether the doctrine of lis pendens is applicable in case of attachment
of property by the orders of the Court?
Marks- 5
b. What are the amendments which have been made by Criminal Procedure (Amendment) Act,
2008 with reference to police officer’s power to arrest?
Marks- 5

Page No. 1/2

4.
a. What is First Information Report? What proceedings are initiated by the police officer after
recording FIR? An unknown person dialed the number ‘100’ and informed the police officer
Class Roll No. ____
on phone that a firing has occurred at Ghadi Chouk, Raipur. Whether this information can be
treated as FIR? Marks- 5

b. What are the different circumstances when the Magistrate may order the investigation officer
to conduct the investigation? Elaborate with provisions.
Marks- 5

5.
a. ‘A’ was arrested on 30/6/11 without warrant for committing the offence of murder. On 1/7/11
he was produced before the nearest judicial magistrate and the magistrate authorized the
detention of ‘A’ in police custody for 10 days. After 10 days a detention in judicial custody
was authorized till 28/9/11. On 25/9/11 charge-sheet was filed and magistrate took
cognizance of the offence.

Give the following answers dependent upon above facts:

i. Whether on the expiry of 28/9/11 accused ‘A’ has a right to be released on bail under Sec.
167?

ii. Whether after 25/9/11 a further detention can be authorized by the magistrate under Sec.
167?

iii. Whether after expiry of the police remand of 10 days, again a police remand can be
given? Marks- 6

b. What are the punishments that can be passed by the Courts of Judicial Magistrate? State the
situations in which the maximum limit can be exceeded.
Marks- 4

Page No. 2/2

Hidayatullah National Law University, Raipur


End Term Examination, November-2011
SEMESTER - IX
TRADE & INVESTMENT LAW – NRIT (HONS.)
Class Roll No. ____
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. Do you think liberal investment regime is necessary for the growth of the economy? What
would be your suggestions to ensure that foreign investment helps in more equitable growth
of the country?

2. Write notes on the following:


a. Role and regulation of authorized person under FEMA
b. Adjudicating and appellate authorities under FEMA

3. Write Notes highlighting the regulatory structure for any two of the following:
a. An Indian company wants to raise funds through ADRs and GDRs.
b. Purchase for foreign securities by person resident in India or by an Indian Party
c. Foreign institutional investment
d. Foreign venture capital investment.

***************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – LL.M.-I
INDIAN CONSTITUTION LAW : NEW CHALLENGES
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Write case-laws wherever necessary.

1. Trace the evolution and development of ‘Right to Privacy’ as a part of Right to Life and
Personal Liberty enshrined in Article 21 of the Indian Constitution. With the help of suitable
case-laws discuss the reasonable restrictions which can be imposed on Right to Privacy.

2. Highlight the Constitutional Framework relating to prisoners’ rights. Elucidate the role
played by Indian Judiciary in prison reform and protection of prisoners’ rights.

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


a. Secularism under Indian Constitution
b. Trial by Media
c. Nature of Indian Constitution- Federal or Unitary?
d. Right to Livelihood
e. Right to Environment vs Right to Development

*************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – LL.M.-III
CORPORATE TAXATION
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. Explain how to determine residential status of a company with the help of decided cases.

2. Analytically explain the object of Minimum Alternate Tax and briefly draw the steps
involved in computing Minimum Alternate Tax.

3. Analytically explain the conditions to be fulfilled by an undertaking to seek benefit under


Special Provisions in respect of newly established units in Special Economic Zones.

**************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER –III
SOCIOLOGY (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Hinduism as a way of life rather a religion. Support your arguments keeping its basic tenets
in mind.

2. Caste as a development of Varna-evolution, Prop up your answer with suitable theoretical


analysis.

3. Give a note on various approaches to address social problems in India.

4. What is social transformation? Discuss the revolutionary model of social transformation.

5. Write short notes on any two (2x5)


a. Tribal problems
b. Views of Mans and Gandhi on Women
c. Peasant movements in India

*************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER –I
ECONOMICS (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. State and show in diagrams the conditions of short-run equilibrium of a firm under perfect
completion.

2. Critically examine the elements of Ricardian Theory of Rent. Also explain the concept of
Rent in modern economic analysis.

3. Explain in detail the calculation of National Income by Product and Expenditure Method.

4. “Inflation represents a situation where the presence of aggregate demand for goods exceeds
the available supply of output.” Examine the statement.

5. Write short note on:- (any two)


a. ‘Law of supply’
b. Interest
c. Three sector Model of circular flow of income.

*************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - I
POLITICAL SCIENCE (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Discuss various approaches to the study of political science and discuss the contributions of
behaviouralists to the scientific study of politics.

2. “State is a necessary evil.” Explain the statement in the light of classical liberal theory of
functions of state.

3. “The only thing that an individual is expected to perform is to get himself/ herself born; the rest
of the things are taken care of by the state.” Substantiate the statement in the light of the
overwhelming variety of functions that the welfare state performs.

4. What do you mean by sovereignty? Discuss the monistic theory of sovereignty and critically
examine its weaknesses.

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


a) Significance of Studying Political Science
b) Marxist Theory of State
c) Dictatorship of the Proletariat.

**************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - III
LAW OF CONTRACT - II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. Who is an agent? How does he differ from a servant? Can a minor
(i) appoint an agent (ii) be appointed an agent?

b. ‘A’ enters into a Contract with ‘B’ for buying ‘B’s Motor Car, as agent of ‘C’ and
without ‘C’s authority. ‘B’ repudiates the Contract before ‘C’ comes to know of it.
‘C’ subsequently ratifies the Contract and sues to enforce it. How would you decide?

2.
a. ‘A’ pledges with ‘B’ Jewels worth Rs. 60,000 and borrows Rs. 30,000 at 12 percent
interest per annum, promising to repay the amount and redeem the jewels within a
year. ‘B’ having apprehension about the safety of the jewels, because of increasing
burglaries in the town, not only insures the jewels but also buys a strong safe at a cost
of Rs. 800, there being no safety vault in that town and keeps the jewels in that safe.
Now, when ‘A’ comes to repay the loan, ‘B’ claims the amount due for principal and
interest, cost of insurance and cost of the safe. But ‘A’ admits liability only for the
principal and interest. Decide.

b. Goods were delivered to the buyer on approval after three month the same were stolen
from the godown of the buyer. The seller filed a suit for the price of the goods, buyer
pleaded that the property in the goods had not passed to him. Decide giving reason.

3. “Nemo dat quod non habet”. Comment giving exception to this rule. Illustrate your answer.

4.
a. What do you mean by implied conditions and warranties? Explain and illustrate.

b. Differentiate between Partnership and Company.

5. Write short notes on:-


a. Essentials of Partnership.
b. Minor as a partner.

***************
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – V, VII & IX
DIRECT TAX (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
Class Roll No. ____
1. Explain how income is said to be ‘deemed to accrue or arise in India from any business
connection’.

2. Briefly explain ‘incomes which do not form part of total income’ of an employee or
workmen.

3. Explain salaries under Section 15 with the help of illustrations.

4. Comment on C.I.T. Vs. Infosys Technologies Ltd., (2008) 297 ITR 167 (SC).

5. Write short notes on:-


a. Heads of Income
b. Assessee

***************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – V, VII & IX
LAW OF INSURANCE (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Discuss the principle of subrogation and state the necessity of subrogation in different kinds
of insurance.

2. Short notes:-
a. Contribution
b. Double insurance

3. Discuss the powers & functions of IRDA.

4. Assignment is an instrument whereby one person transfers the beneficial interests, title &
rights under the policy either absolutely or conditional to another. Comment upon the
statement.

5. Discuss how contract of insurance is contract of indemnity.

***************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – V, VII & IX
CRIMINOLOGY & PENOLOGY (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Answer should be written with relevant provisions of law.

1. Briefly discuss the salient features of Juvenile Justice (Care and Protection of Children) Act,
2000. Marks=10

2. Analytically discuss the concept of Criminology, its importance, utility and inter-relation
between Criminology, penology and criminal law. Marks=10

3. “Criminal behavior is learnt and not inherited. The process of learning criminal behavior
operates through inter-action of the criminal with other persons and his association with
others.”

Justify the statement with special reference to theory and contribution of Edwin H.
Sutherland to the modern criminology. Marks=10

4.
a. Compare the scope of Probation under Cr.P.C and Probation of Offenders Act.
Marks=7

b. How does Probation differ from parole? Marks=3

5.
a. What is meant by adversarial criminal justice system? How does it differ from
inquisitorial system? Marks=3

b. Briefly discuss the hierarchy of criminal courts and its powers and functions with the
help of legal provisions of law. Marks=7

**************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - VII
INTERNATIONAL COMMERCIAL ARBITRATION (OPT.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. “An arbitration agreement is ancillary to the underlying contract for its only function is to
provide machinery to resolve disputes arising under that contract.”

Critically examine the statement and also discuss the various consequences which flow from
separability presumption.

2. “A combined reading of Articles 8, 16 and 34(2) (a)(i),(iii) of the UNCITRAL Model Law make
it possible that a national court may decide jurisdictional issues before the arbitral tribunal itself
does so, and that such judicial decision may pre-empt the tribunals’ jurisdictional decision.”

Justify the statement with the help of legal principles and reasoning.

3. Discuss the validity of the following under the New York Convention, 1958 with the help of
decided cases:

a. Arbitration clause in a signed contract


b. Arbitration clause in contract not signed by all parties
c. Arbitration agreement in an exchange of letters or telegrams
d. Oral or tacit acceptance of arbitration agreements

4.
a. If a party to an arbitration agreement makes an application for interim measures to the court
rather than to the arbitral tribunal, will this be regarded as a breach of the agreement to
arbitrate? Decide with the help of various arbitration rules and decided case laws.
(4 Marks)

b. Under what circumstances can an application for interim measures be made to the court
during arbitral proceedings. (6 Marks)

5.
a. Discuss the various methods of appointment of an arbitral tribunal. (5 Marks)

b. It is fundamental principle of international arbitration that every arbitrator must be and


remain independent and impartial to the parties and the dispute. Comment.
(5 Marks)

**************
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – LL.M.-I
Class Roll No. ____
GENERAL PRINCIPLES OF CORPORATE LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. “The Protection of the minority shareholders within the domain of corporate activity constitutes one
of the most difficult problems facing Modern Company Law. The aim must be to strike a balance
between the effective control of the company and the interests of the small individual shareholders.
The Basic Principle relating to the administration of the affairs of the company is that 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 the articles of the company”.

a. From the above statement, is it possible to apply the Strict Principle of Democracy in the
management of the company? Explain with the help of the decided cases.

b. What are the exceptions to the Majority Supremacy in matters of internal administration and
management of the company?

2. The Memorandum of Association of a company thus defined its objects:-

“The objects for which the company is established are to make and sell, or lend on hire, railway
carriages and wagons and all kinds of railway plants, etc……; to carry on the business of mechanical
engineers, and general contractors….”.The company entered into a contract with X, a firm of railway
contractors, to finance the construction of a railway line in Belgium. The company, however,
repudiated the contract as one ultra vires and X, brought an action for damages for breach of contract.
The contentions of X were that the contract in question came well within the meaning of the words
“general Contractors” and , was, therefore, within the powers of the company, and , secondly, that the
contract was ratified by a majority of the shareholders.

From the above facts, advise with the help of the decided cases and bring out the differences between
Indian Law and U.K. Law with regard to the Doctrine of Ultra-vires of a Company.

3. “Acceptance by management of the inalienable rights of shareholders as the true owners of the
corporation and of their own role as trustees on behalf of the shareholders. It is about commitment to
values, about ethical business conduct and about making a distinction between personal and corporate
funds in the management of a company”

From the above statement, elucidate the Basic Principles of Corporate Governance and bring out the
recommendations made by Narayana Murthy Committee under the Chairmanship of Mr. N.R.
Narayana Murthy with regard to review of Clause 49 of Listing Agreement and measures to improve
Corporate Governance Standards.

*************

Hidayatullah National Law University, Raipur


End Term Examination, November-2011
SEMESTER – LL.M.-III
CORPORATE RECONSTRUCTION
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
Class Roll No. ____
1. “Corporate Mergers are inherently business strategies aimed at maintaining and enhancing
corporate’s efficiencies both at the global and domestic levels.”

In the light of above, discuss relevant provisions of law regarding merger. Support your
answer with case laws. Do you find any difference between the terms “Merger and
amalgamation”?

2. How does SEBI takeover Code of 2011 differ from that of 1997? Do you find any provision
regarding takeover in the Companies Act, 1956? Discuss.

3. Write short notes on:- (4x5=20 marks)


a. Competition Commission of India
b. Bailout Takeover
c. Acquisition of Dissenting shareholder’s shares
d. Ingredients of ‘Combination’ as per the Competition Act, 2002.

**************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - I
LEGAL METHOD AND INTRODUCTION TO LEGAL SYSTEM
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Refer cases wherever necessary.
Q. 1. “Social 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”—

Explain the traditional rule of locus standi under Article 32 and also describe dynamic approach of
locus standi towards Social Interest Litigation with the help of landmark judgments of Supreme Court
of India.

Q. 2. “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?

Q. 3. “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”—

What is judicial activism? How the Supreme Court of India is playing activist role for the protection
of fundamental rights.

Q. 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.

Q. 5. Write short notes (Any Two of the following) –

(a) Doctrine of Rule of Law

(b) Writ of Prohibition and Certiorari

(c) Mischief Rule of Interpretation

**************
Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - III
FAMILY LAW-II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1.
i. The extinction of Coparcenary does not affect the existence of Joint Hindu Family. Elaborate
and also discuss the salient features of both. (6 marks)
ii. A Hindu Widow was given a house as a limited owner under a decree of the Court, in lieu of
her maintenance out of Joint Hindu Family property in 1950. Now, she wants to make a gift
of the house in favour of her sister. Can she do so? Refer to case law and explain the points of
law involved in the case. (4 marks)
2.
i. Discuss partition under Mitakshara law. How can a partition be effected? Discuss the
consequences of partition under Mitakshara law. (6 marks)
ii. A Mitakshara Joint Family consisted of husband, his wife and his minor son aged 7 years.
The husband developed illicit relations with a widow and started ill-treating wife and minor
son. Wife files a suit for partition of the joint family property against husband claiming 1/3
property for her son and 1/3 for herself. How would you decide the dispute? Will it make any
difference if son dies during the pendency of the suit? Refer to relevant case law.
(4 marks)
3.
i. The Hindu Succession (Amendment) Act, 2005 was much awaited to achieve gender justice
within personal law. Explain the relevant changes brought by this Amendment Act, 2005 with
regard to right of women over property and also discuss the scheme of succession to the
property of a female intestate under the above- mentioned Act in brief.
(6 marks)
ii. A Hindu dies intestate in 2008, leaving behind his mother, widow, one son, one daughter and
a son of predeceased son as his heirs. Here, the son became a convert to Christianity religion
and the only daughter is the widow.
Ascertain the share of the aforesaid heirs in the separate property of the Hindu dying intestate.
Will it make any difference if the daughter is the illegitimate daughter of the Hindu and the
widow is unchaste? (4 marks)
4.
i. What is Hiba and discuss its essential conditions? In what circumstances can the requirement
of transfer of possession be dispensed with? (5 marks)
ii. A sunni muslim dies leaving her (a) husband; (b) mother; (c) father
(d) mother’father (e) father’father.
Ascertain the respective share of each one of them. (2.5 marks)
iii. Are gifts made by a Muslim of following things valid: (2.5 marks)
(a) Gift of spes-successionis (b) Gift of insurance policy
(c) Gift of actionable claim (d) Gift of future property (e) Gift of dower
5. Write short note on any two of the following: (all carry equal marks)
(i) Marz-ul-maut
(ii) Doctrine of Relation Back
(iii) Essentials of Will
**************
Hidayatullah National Law University, Raipur
Class Roll No. ____
End Term Examination, November-2011
SEMESTER - V
LABOUR LAW-II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. Explain with the help of decided cases the concept of Employment Injury under the
Employees State Insurance Act, 1948. (8 Marks)

b. Discuss the categories of establishment to which Employees Provident Fund Act,


1952 is applicable. (2 Marks)

2.
a. Define Wage. Discuss the various types of wages in India. (6 Marks)

b. Examine the law relating to fixation of minimum wages in India.


(4 Marks)

3. Elucidate the various benefits available under Employees State Insurance Act, 1948.

4. Discuss in detail the liability of Employer to pay compensation under the Employees
Compensation Act, 1923

5. Write Short Notes on Any Two:

a. Social Security measures relating to employees in India: A Critical Appraisal.

b. Doctrine of Notional Extension in India

c. Right to Maternity Benefit under the Maternity Benefit Act, 1961 and Right to
Gratuity under the Payment of Gratuity Act, 1972

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER - VII
TRADE & INVESTMENT LAW
INTERNATIONAL TRADE LAW (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. What are unfair trade practices and why are they called ‘unfair’? Does the WTO Agreement
make any attempt to regulate unfair trade practice or does it instead regulate the right of
members to regulate them? Answer with reasons.

2. What is the difference in approach between GATT and GATS regarding liberalization?
Discuss in brief the US-Betting and Gambling case.

3. Discuss in brief and with the help of decided cases essential conditions for imposition of
safeguard measures.

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Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – VII & IX
C.G. - FEDERALISM (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. “In a federal Constitution like ours where there is a division of legislative subjects but the
residuary power is vested in Parliament, such residuary power cannot be expansively
interpreted as to whittle down the power of the State Legislature. That might affect and
jeopardize the very federal principle. The federal nature of the Constitution demands that an
interpretation, which would allow the exercise of legislative power by Parliament pursuant to
the residuary powers vested in it to trench upon State Legislation and which would thereby
destroy or belittle state autonomy must be rejected.”

In backdrop of the above observation critically examine the judicial trend in interpretation of
residuary power. How do you reconcile this observation with the majority interpretation of
residuary powers in Union of India v. H.S. Dhillon (1971) 2 SCC779?

2. “Taxes may and do amount to restrictions; but it is only such taxes as directly and
immediately restrict trade that would fall within the purview of Article 301. The argument
that all taxes should be governed by Article 301 whether or not their impact on trade is
immediate or mediate, direct or remote, adopts, in our opinion, an extreme approach which
cannot be upheld.”

The above rule is subject to clarification-


‘Regulatory measures or measures imposing compensatory taxes for the use of trading
facilities do not come within the purview of the restrictions contemplated by Article 301 and
such measures need not comply with the requirements of the provisions to Article 304 (b) of
the Constitution.”

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In light of the above observations discuss the judicial trend to interpret trade, commence and
intercourse freedom without hampering the state’s power to regulate the activities engaged in
trade, commerce and intercourse. What improvement is done by our courts upon the judicial
pronouncements of the High Court on Australia on this point? Discuss in light of decisional
law.
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3. Article 356 of the constitution provides for a proclamation by the President as to the failure of
the constitutional machinery in the state and thereby can assume executive power of the state
to himself and may direct that the powers of the State Legislature shall be exercisable by or
under the authority of Parliament. The condition precedent of such proclamation is the
satisfaction of the President, either on report of the Governor or otherwise, that a situation has
arisen in which the government of the state cannot be carried on in accordance with the
provisions of the constitution.

What control mechanism is given under Article 356 to check the abuse of power and how far
judiciary has been able to make the stipulated control mechanism effective so as to check the
misuse of power by the President in declaring failure of the constitutional machinery is the
States? Elaborate your arguments in light of the important decisions pronounced by the
Constitution Benches of the Supreme Court of India.

Or

Discuss the arrangement of fiscal powers between the Union and the States and also discuss
constitutionally devised mans to keep a balance between revenue raising powers and needs.

How immunity of instrumentality principle puts limitation on the mutual exercise of taxing
powers of Centre and States on each other’s instrumentalities? Discuss.

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Hidayatullah National Law University, Raipur


End Term Examination, November-2011
SEMESTER – VII
CLS-CORPORATE FINANCE (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Refer to ICDR Reg. 2009 and Relevant Provisions Of Companies Act 1956 where ever necessary

1.
a. What do you mean by the term “Intermediaries” and explain the position and function of
different types of intermediaries working in the Indian Capital Market?
(Marks 12)
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b. With reference to the SEBI (Merchant Bankers) Regulation 1992 who is a Merchant Banker
and briefly discuss the necessary regulations related to the Obligations and Responsibilities
of a Merchant Banker. Also briefly talk about the applicable regulations which highlight the
vital role played by the Merchant Bankers in an issue making procedure with respect to the
ICDR Regulations 2009? (Marks 8)

2. Write Short Notes on : (Any 4)


(Refer to ICDR Reg. 2009 and Relevant Provisions Of Companies Act 1956 where ever
necessary)

a. Pricing in Public Issue


b. Bonus Issue
c. Book Building Process
d. Debt Finance
e. Allotment and Post Allotment Formalities
f. Promoters Contribution

3. In the year 2000, through the introduction of Sec.605A of the Companies Act 1956, the first step
was taken to give Foreign Companies access to raise capital within the country. The second step
was taken in the year 2004 when the Companies (Issue of Indian Depositary Receipts) Rules were
framed. And finally SEBI completed the circle by taking the third step on the 26th August 2009 by
introducing Chapter X in the ICDR Regulations thereby framing the eligibility criteria and the
necessary conditions for the issuance of Indian Depositary Receipts.

a. What do you mean by the term Depositary? Discuss briefly the importance and the working
machinery of a Depositary System? (Marks 10)

b. In light of the above statement, define and briefly explain the concept of Indian Depositary
Receipts? With respect to the IDR Rules 2004 and ICDR Regulations 2009 briefly discuss
the entire regulatory framework for the issuance of IDRs in India giving special emphasis to
the eligibility requirements, conditions and its complete issue making procedure.
(Marks 10)

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Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – VII
IPR-COPYRIGHT (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1) Copyright is a mechanism which facilitates freedom of speech and expression guaranteed


under our Constitution – Comment.

2) A) The movies Dhoom I, II and III were extremely successful motion pictures. Abhishek
Bachchan wrote each script, produced the movies and also played the lead role of ACP Jai
Dixit, the dominant character of each of these movies. All these movies also contained
certain other notable characters. In December 2009, while on promotional tour for Dhoom III,
Mr. Bacchan informed the press of his idea for Dhoom IV where he would once again play the
lead role and be accompanied by the other notable characters of
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the sequal. Though the description of his idea varied slightly at different press conferences,
the general idea was tracing a hi-fi bank fraud in Mumbai to an influential Pakistani merchant
and how the diplomatic relations between India and Pakistan are strained and a war like
situation arises. In March 2010 Filmfare published an article of 15 pages by one of its
employees on the possible story line for Dhoom IV. The article had incorporated all the
characters created by Mr.Bachchan in the previous movies and cited Mr.Bachchan as the co-
author, though Mr.Bachchan was not involved with the writing of the said article. In
December 2010 Dhoom IV was released and its story was much in line with what was
published by Filmfare. But neither permission was sought from Filmfare nor where they
acknowledged. Filmfare instituted infringement proceedings against Abhishek Bachchan.
Decide. [10 marks]

B) Broadcasting Organisations does not create any new work. Yet they are protected under the
Copyright Act, 1957. Elaborate the rationale, nature and scope of the protection afforded.
[10 marks]

3) A) Compulsory license is a mechanism to ensure that the monopoly of copyright is not


abused. Elaborate with the help of recent cases. [10 marks]

B) Write notes on any two: [5 marks each]

a) Rental rights
b) Database as a literary work
c) Right of paternity

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – IX
C.G. – JUDICIAL REVIEW (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. “The rise of Judicial activism has been the result of deep public frustration with successive
dysfunctional and apathetic; often, corrupt governments. The higher Judiciary has been
looked upon by sections of the public as the last hope for redress against administrative and
governmental apathy, a role it has accepted and assumed arguably at the cost of its traditional
role as an adjudicator of private disputes.”

Critically examine the above statement in light of the role of judiciary in expansion of the
rights of the individuals through creative and imaginative recognition of new rights and
remedies.

2. The Judiciary exercises much creative power of judicial review. Judicial activism is welcome
but not judicial adventurism. There have been many self-imposed limitations as well as
external limitations put on the power of judicial review with a view to keep judiciary within a
workable limit and inspiring the confidence of the people.

In the backdrop of the above statement discuss different types of limitations put on the
Judiciary’s exercise of the power of judicial review in the adjudicatory process.
Or
Discuss the grounds of the judicial review of administrative actions. Do the administrative
law principles of judicial review extend to the review of the powers exercised by
constitutional authorities like President and Governors? Discuss with the help of decisional
law on the point.

3. From the point of the view of the exercise of Judicial review what distinction has been made
between the judicial review of the constituted power and the constituent power. Does the use
of constituent power of Parliament in Article 368 (1) of the Constitution of India make any
difference in reviewability of the constitutional amendments?

How far the doctrine of ‘the basic structure has’ served the objective of putting the limitation
on the excessive use of the amending power of the Parliament?

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Hidayatullah National Law University, Raipur


End Term Examination, November-2011
SEMESTER – LL.M.-I
LAW AND SOCIAL TRANSFORMATION
Max. Marks: 40 Max. Time: 3:00 Hrs.
Class Roll No. ____
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. “The Constitution essentially reflects an all-India Perspective on the Subject but


accommodates, as an ameliorative measures, centrally planned / Supervised policy of
reservation for regions on special considerations”.

In the light of above, discuss relevant provisions of the Constitution which deal with all India
perspective and planned policy of reservation for regions on special considerations. Support
your answer with suitable case laws.

2. “Empowerment takes woman from the position of mere housewife without mobility, money
and knowledge to the position of breadearner with access to resources, respect and decision
making ability.”

With reference to above critically examine various forms of gender injustice and discuss how
the concept of empowerment has played significant role to ameliorate the position of woman.
Refer case laws to support your answer.

3. “Modernization is a specific type of social change wherein a traditional society inclines to


develop new pattern of conduct in response to new challenges of the new age.”

In the light of above, discuss how modernity has brought social transformation in various
spheres of life in India.

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Class Roll No. ____
Hidayatullah National Law University, Raipur
End Term Examination, November-2011
SEMESTER – LL.M.-III
LAW RELATING TO SECURITIES
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

Q.1. “A Public Limited Company has no obligation to have its shares listed on a recognized Stock
Exchange. But if the company intends to offer its shares or debentures to the public for subscription by the
issue of a prospectus, it must before issuing such prospectus, apply to one or more recognized Stock
Exchanges for permission to have the Securities intended to be so offered to the public to be dealt with in each
such Stock Exchange”.
From the above statement, explain critically the procedure for listing of Securities in Stock Market under
relevant laws pertaining to Securities in India, and bring out the advantages to the Company and Investors and
what way it promotes the economic growth and development of the Country.
Q. 2. “The main object of establishing SEBI was to regulate the market and protection of investors. The
Jurisdiction of SEBI was enlarged to register and regulate a few more intermediaries and other persons
associated with the securities market. The amendment Act from time to time empowered SEBI to register and
regulate the working of the intermediaries like depositories, custodians for securities and also certain other
persons associated with the securities market like foreign institutional investors, credit rating agencies and
venture capital funds etc. SEBI was also given blanket authority to regulate other intermediaries or persons,
not named specifically in the statute, by specifying them through a notification. This obviated the need for
amending SEBI Act every now and then to deal with a particular type of intermediary or a person associated
with the securities market that may emerge in future”.
From the above paragraph, elucidate that to what extent SEBI is successful in protecting the interest of
investors in securities, promote the development of the securities market, and regulate the securities market.
Q. 3. “The system of transfer of ownership of securities prevailing till mid 1990s was grossly inefficient as
every transfer was required to be accomplished by the physical movement of paper securities to the issuer for
registration and the ownership was evidenced by the endorsement on the security certificate. The process of
transfer in many cases took much longer time than the time stipulated in the Companies Act or the SC(R)A.
A significant proportion of transactions ended up as” bad delivery” due to faulty compliance of paper work,
mismatch of signatures on transfer deeds with the specimen records of the issuer or for other procedural
reasons. All these problems had not surfaced overnight but these were compounded by burgeoning trade
volumes in secondary market and increasing dependence on securities market for financing trade and industry.
This underscored the need for streamlining the transfer of ownership of securities which was sought to be
accomplished by the Depositories Act”.
From the above statement, explain how Depositories system in India promotes and ensures free transferability
of securities with speed and accuracy in the stock market to develop Indian economy in the International
perspective and enumerate analytically the contribution of Depository Participant (DP) in this regard.
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