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I.D. No.

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End Term Examination, November-2012
SEMESTER – I (LL.M.)
GENERAL PRINCIPLES OF CORPORATE LAW
Max. Marks: 50 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

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

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

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

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

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

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


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

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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III (LL.M.)
CORPORATE TAX
Max. Marks: 50 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

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

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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I
LAW OF TORTS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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

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

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

7.
a) The general rule is that “a man is liable for his acts” but in certain cases the law imposes
liability on a man for the acts and defaults of another. Discuss.
(Marks-6)
b) Write short notes on any two of the followings: (Marks-4)
a. Statutory Authority
b. Private Defence
c. Unity theory
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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
FAMILY LAW-II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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


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

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

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

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


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

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End Term Examination, November-2012


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

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


(Marks 10x1=10)
a) What do you mean by the term “Stock”?
b) What is the meaning of the term “deposits” as used in defining the term Prospectus under
Sec. 2(36) of the Companies Act 1956?
c) Explain what is a Company Limited by Guarantee?
d) What do you mean by Companies formed under Section 25 of Companies Act?
e) Describe in short what is a Share Warrant?
f) What kind of companies must have their Articles of Associations and which relevant
provision talks about it?
g) Briefly state the meaning of the terms Initial Public Offer and Further Public Offer?
h) What do you mean by forfeiture of shares?
i) Explain the term “Interim Dividend”?
j) What are the ways through which companies limited by shares can raise its capital?
2. The exceptions to the ‘Turquand rule’ will have some effect as the doctrine of constructive
notice has.
Do you agree with the above statement? Examine the scope and effect of these two doctrines
giving special mention to the matters that would not be explicitly covered by the respective
doctrines. (Marks-10)
3.
a) Write short note on any TWO of the followings : (Marks 2 x 3.5 = 7)
i) Rights Issue
ii) Bonus Issue
iii) Allotment of Shares
b) The financial year of PQR Co. Ltd. ends on 31 st March each year. Owing to the
workmen’s strike in its works followed by lock-out for about four months period from
April to July, 2001, the company could not finalize the accounts for the financial year
ending 31st March, 2001. Advice the company mentioning the relevant provision of the
Companies Act, 1956 about the course of action to be taken for the adoption of accounts
for the year ended 31st March, 2001 at the annual general meeting and transacting other
business therein? (Marks-3)
4.
a) The company is a body corporate recognised by law as a person having its entity distinct
from its members. It, therefore, expresses its will through the resolutions passed at regular
convened meetings. Moreover, the protection of the investors is one of the primary
objectives of the Indian Companies Act 1956. It provides the shareholders a forum of
protection and then leaves them to a large extent to take care of themselves. The forum is
the Meeting of the Company.
With respect to the above statement discuss the scope, importance and requisites of a
valid meeting. Point out the various kinds of meetings that can be held by a company
giving special emphasis on the classification of the shareholders’ meetings and also talk
through the nature of business that can be transacted in each of these meetings?
(Marks-7)
b) Briefly explain the meaning of resolution with relevant provisions of The Companies Act,
1956. (Marks-3)
5. The definition of the term Debenture as per the Indian Companies Act, 1956 is an inclusive
definition as it amounts to borrowing of monies from the holders on such terms and
conditions subject to which the debentures have been issued. In other words, it is a
certification in acknowledgement of indebtness. But whatever be the charecterstics, the root
meaning of the word is indebtness.
a) In light of the above statement discuss the diferrent characterstics of debentures and also
throw light upon its kinds. (Marks-4)
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b) As per the provisions of Indian Companies Act 1956, describe the terms ‘Debenture Trust
Deed’ and ‘Debenture Trustees’. Also elucidate the position/role of the Debenture
Trustees in the entire procedure of issuance of debentures by the companies.
(Marks-6)
6. “The full disclosure of the facts and circumstances relating to the formation of a company
constitute the best safeguard against abuse of the law by the unscrupulous company
promoters and the managers thereby maintaining the investor’s confidence in the market.”
Justify the above statement? Critically analyse the meaning, importance and kinds of
Prospectus and also talk through the circumstances when it is not compulsory for a company
to issue prospectus? (Marks-10)
7.
a) The terms ‘Member’ and ‘Shareholder’ have been used synonymously and
interchangeably in the Companies Act 1956. Throw light on the differrence that is
maintained between a member and a shareholder in the case of a company having a share
capital. Also briefly discuss the various modes of acquisition and termination of
membership. (Marks-8)
b) A company issued a prospectus advertising that the company has a great potential
‘turnover’ of a million bags of cement in a year. It was later on discovered that while the
company did have the installed capacity of one million bags it had never produced more
than eight lacs bags of cement in a year. The buyers of the shares of that company seek
remedy against the misleading statement. Will they succeed?
(Marks-2)

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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
C.G.-JUDICIAL REVIEW (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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


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

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

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

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


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

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End Term Examination, November-2012


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

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


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

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

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


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

5. The idea of Corporate Social Responsibility although not a recent one, is most certainly a
contemporary one, with debates raging like wildfire about it. What exactly is it? Is it
necessary at all? What is its relevance? These are some of the fundamental questions which
need to be addressed. In the wake of its evolution at the international level it has left a mighty
trail indeed. From OECD to UN Global Compact to the European Union, in almost all the
civilized nations there are tell-tale evidences of the official manifestation of Corporate Social
Responsibility. As far as India is concerned the significance of CSR becomes quite prominent
as efforts in the form of Voluntary guidelines/codes by the MCA and also in the form of
Companies Bill 2011 is yet to be effective.
With respect to the above context discuss the concept, the different approaches/trend adopted
in India. In addition to that also bring to light the recent developments and the current issues
that revolve around the subject in India.
(Marks-10)

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


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

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


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

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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
IPR-TRADE MARKS (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

3. Explain the remedies available for trademark infringement.

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

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

6. Mr. Singh is the owner of a foot ware retail chain trading under the name ‘FitFoot’ having 16
outlets throughout India. While on a pleasure trip to England he visited a NIKE showroom
and came across a shoe model which has not yet been released in the Indian market. As he
was highly attracted by the same, he bought 16 pieces of the said model and brought it to
India with the intention of selling 1 at each of his outlets. The sale of these shoes where
highly publicized through its official website fitfoot.com and also through national
newspapers, clearly showing the registered trademarks of NIKE. Nike Inc., is an American
multinational corporation, having huge market presence in India, marketing under the
I.D. No. ___________________

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

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

1964, operating under the trademarks and . Hilton International Co. started its
operation in India in 1998 at Bombay through its subsidiary Hilton India Co. after assigning

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

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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII
INTERNATIONAL TRADE LAW (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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

5. SPS Agreement and the TBT Agreement emphasise on the harmonization of product and
process standards at international level. Discuss.

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


liberalization of the services sector. Discuss

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

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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I (LL.M.)
LAW AND SOCIAL TRANSFORMATION IN INDIA
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Do you think the device of reservations is an effective tool in achieving Social Justice?
Examine the tension between equality and protective discrimination in the light of the
decisions by the apex count.

2. Critically examine the following:


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

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

4. “In order to understand the significance of child rights it is necessary to acknowledge the
importance of childhood”. In the light of the above statement, discuss the role played by the
Indian Government in protecting the rights of children in difficult circumstances. Refer some
cases also.

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

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

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I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III (LL.M.)
CORPORATE RECONSTRUCTION
Max. Marks: 50 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Explain the terms ‘Compromise’, ‘arrangement’, ‘reconstruction’ and ‘amalgamation’.


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

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

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


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

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

5. “Organic reconstruction is the internal exercise which business entities have to undertake in
order to adjust to changing market dynamics.”
In the light of above, discuss the different ways through which a company adopts the scheme
of organic reconstruction.

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


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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I
POLITICAL SCIENCE (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

2. What do you mean by an approach? Discuss in detail the “systems approach” to study of
politics as propounded by David Easton. (Marks-10)

3. “State came into existence as a result of a contract among individuals”. Discuss the statement
in the light of the ‘social contract theory’ of origin of state propounded by Thomas Hobbes,
John Locke and Jean Jacques Rousseau.
(Marks-10)

4. “State is a necessary evil.” Substantiate the statement in the light of classical liberal theory of
functions of the state. (Marks-10)
5. What do you mean by welfare state and what are the factors that led to its emergence?
Discuss the constitutional provisions that aim at transforming India into a welfare state.
(Marks-10)

6. “If a determinate human superior not in a habit of obedience to a like superior receives
habitual obedience from the bulk of a given society that determinate superior is sovereign in
that society, and the society (including the superior) is a society political and independent.”
Critically examine the statement and its implications in the light of John Austin’s Monistic
Theory of Sovereignty.
(Marks-10)
7. What do you mean by elites? Discuss the Elite Theory of Democracy with specific reference
to Vilfredo Pareto and Gaetano Mosca’s contribution to elite theory.
(Marks-10)

*************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I
POLITICAL SCIENCE (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)
a) Rawls’s ‘difference principle’.
b) Participatory model of democracy.
c) Hobbes’s concept of Liberty.
d) Gramsci’s idea of Hegemony.
e) Bentham’s idea of ‘utility’.
f) Inductive Method in politics.
g) De Jure and De facto form of Sovereignty.
h) Define Human Rights.
i) Roussean’s idea of ‘General Will’.
j) Define Referendum.

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

3. Develop on Ronald Dworkin’s idea of ‘distributional equality’. Evaluate his concept of


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

5. Outline and Evaluate John Austin’s ‘Monistic theory of Sovereignty’ keeping in mind the
criticisms developed by Harold Laski. (Marks-10)

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

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

*************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
LAW OF CONTRACT-II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.
1. Answer the following (each answer should be in approximately 50 words) :
(Marks 10x1=10)
a) The scope of Section-124 of Indian Contract Act, 1872 is narrower then the concept of “indemnity”
under relevant English law. Narrate briefly.
b) A contract of surety ship, like any other contract must be supported by consideration provision clearly
says that a direct consideration between the surety and the creditor is not essential. Discuss.
c) What will be the liability of the surety when the original contract is void?
d) Define particular lien.
e) Explain limited interest of the pawner
f) No consideration is necessary to create an agency. Discuss.
g) Define ‘delivery’ under the Sale of Goods Act, 1930.
h) What do you understand by ‘Specific goods’ in a deliverable state?
i) Explain ‘co-ownership’
j) Mention the meaning of ‘Particular partnership’?
2. Discuss the creation of agency by ratification with suitable examples. (Marks-10)
3.
a) State the rights of a surety against (Marks-5)
i) the creditor
ii) the principal debtor.
b) ‘Shyam’ contracts to build a ship for ‘Atul’ for a given sum to be paid by installments as the work
reaches certain stages. ‘Dinesh’ becomes surety to ‘Atul’ for Shyam’s due performance of the contract.
‘Atul’ without the knowledge of ‘Dinesh’ prepays to ‘Shyam’ the last two installments. What will be
the liability of Dinesh.? Explain with relevant provisions of the Act.
(Marks-5)
4.
a) A policemen thinking that the driver of an Omnibus was drunk, ordered him to discontinue driving,
the Omnibus being then only a quarter of a mile from its destination the driver and the conductor then
authorized a person standing nearly to drive the Omnibus home. That person drove the Omnibus
negligently and injured a boy. The boy claims damage from the owner of the Omnibus. Is the owner
liable? Explain.
(Marks-5)
b) A, being B’s agent for the sale of goods, induces C to buy them by a misrepresentation. Which he was
not authorized by B to make, whether the contract will be valid between B and C ?
(Marks-5)
5.
a) Discuss the various provisions of law under which a non-owner can convey a good title to a buyer.
(Marks-5)
b) ‘Risk prima facie passes with property’. Comment. (Marks-5)
6.
a) What are the main differences between ‘Conditions’ and ‘Warranties’?
(Marks-5)
b) ‘P’ bought a Car from ‘Q’ who had no title to it. ‘P’ used the Car for several months, after that the true
owner came forward and demanded the Car. State the rights of ‘P’ and the true owner of the Car.
(Marks-5)
7.
a) ‘Although Sharing of profit is an essential element of a partnership it is not the sole test’. Comment.
(Marks-5)
b) What are the effects of non-registration of a partnership firm? (Marks-5)
************

End Term Examination, November-2012


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

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


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

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII
CRIMINAL PROCEDURE CODE (CR.P.C.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

*************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – IX
DRAFTING PLEADING AND CONVINCING (DPC)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I (LL.M.)
INDIAN CONSTITUTIONAL LAW: THE NEW CHALLENGES
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

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

2. “Equals to be treated equally and unequal’s to be treated unequally” – Discuss this statement
on the basis of ‘Right to Equality’ under Indian Constitution.

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

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


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

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


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

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


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

**************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III (LL.M.)
LAW RELATING TO SECURITIES
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I
LEGAL METHOD
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)
a) What do you understand by original jurisdiction of Supreme Court of India?
b) How will you differentiate Writ of Prohibition and Writ of Certiorari?
c) What according to John Austin, Law is?
d) How will you differentiate general custom and local custom?
e) What do you mean by obiter dictum?
f) What is Mischief Rule of Interpretation?
g) What do you mean by Supreme Legislation?
h) When writ of mandamus is issued?
i) What is Rule of Law?
j) What is Judicial Review?
2. “Public Interest Litigation has been an invaluable innovative judicial remedy. It has
translated the rhetoric of fundamental rights into living reality for at least some segments of
our exploited and downtrodden humanity”—
In the light of above statement, explain the traditional rule of locus standi under Article 32
and also describe dynamic approach of locus standi towards Public Interest Litigation with
the help of landmark judgments of Supreme Court of India.
(Marks-10)
3. a) Discuss the authority of “Precedent” as a source of law. (Marks-3)
b) Whether courts lower in hierarchy is bound by the decision of Supreme Court of India?
Examine. (Marks-3)
c) Discuss the circumstances which weaken the binding force of precedent.
(Marks-4)
4. “Administrative law is the last link in the chain of ‘Separation of Powers’ and ‘Checks and
balances’”—
In the light of above statement, explain the Doctrine of Separation of powers with the help of
landmark judgments. (Marks-10)
5. “Today the question is not whether delegated legislation is desirable or not, but it is what
controls and safeguards can be introduced so that the power conferred is not misused or
misapplied” —
With reference to above statement discuss the reasons for the growth of delegated legislation.
Are there any constitutional restraints upon delegation of legislative powers? What do you
understand by Excessive Delegation?(Marks-10)
6. Discuss the major function and purpose of law highlighting the major classification of law.
(Marks-10)
7. Define ‘Statute’. Describe various parts of statute. Explain various internal aid of
construction of a statute. (Marks-10)
*************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
SOCIOLOGY (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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

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


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

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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
SOCIOLOGY (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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


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

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

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

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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – V
JURISPRUDENCE - I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)
(a) Explain the concept of ‘Ought Law’.
(b) Explain Bentham’s ‘Utilitarianism’.
(c) Why Kelsen calls his theory ‘Pure’?
(d) Why Positivism is also known as the ‘Imperative School of Law’?
(e) What do you mean by the term ‘Status to Contract’ in the Henry Maine’s assertion about the
movement of progressive societies?
(f) Explain ‘law as science’.
(g) Explain Fuller’s view on natural law.
(h) Explain ‘law strictly-so-called’ as per John Austin.
(i)What do you understand by the views of Ihering?
(j)Explain the definition of law given by Salmond.
2. Explain Prof. H. L. A. Hart’s criticism of John Austin and discuss his concept of law.
3. Elucidate in detail the theory of ‘living law’ as propounded by Ehrlich.
4. ‘Volksgeist theory is mystical’. In the backdrop of the given criticism of the Volksgeist theory,
critically examine it.
5. Critically examine Roscoe Pound’s theory of ‘Social Engineering’.
6. Duguit’s theory of ‘Social Solidarity’ talks about social criteria for the validity of law. Critically
examine the practical feasibility of his theory.
7. ‘Social Contract’ theories have tried to justify the existence and authority of State. In this backdrop
explain the social contract theories of Hobbes, Locke and Rousseau.

**************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
C.G.-COMPENSATORY DISCRIMINATION (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)
d) Whether Ninety Third Amendment Act of the Constitution is against the basic structure of the
Constitution?
e) What shall be the social standard prescribed to find out whether any class is socially backward?
f) Whether Article 15(4) is an exception of Article 15(1)?
g) What is the meaning of the expression ‘backward class of citizen’ in Article 16(4)?
h) Whether the backwardness in Article 15(4) should be both social and educational?
i) What do you mean by ‘Creamy layer”?
j) Whether backward classes can be identified only and exclusively with reference to the economic
criterion?
k) Whether the 50% rule enuciated in case of M.R. Balajee v. State of Mysore a binding rule or only
a rule of caution on rule of prudence?
l) Was T. Devadasan correctly decided?
m) Whether Reservations are anti Meritarian?
2. The discriminatory treatment with women was based on deep rooted prejudices. In India too women
were so situated that special provisions/measures were required in order to protect them.
In light of the above statement critically examine the special provisions/measures taken by the
government through legislation and gender sensitivity in judicial pronouncements.
(Marks-10)
3. The extensive use of the device of ‘reasonable classification’ by State and it approval by the Supreme
Court has rendered the guarantee of fair equitable treatment’ under Article 14 largely illusory.”
Discuss making clear the constitutional and popular concepts of right to equality in India.
(Marks-10)
4. “Article 16(4) is by itself a rule of equality rather than an exception to the rule”. What is your view,
discuss with the help of Case Laws. (Marks-10)
5. Has the Constitution of India any provision to decide as to who belongs to Scheduled Caste,
Scheduled Tribe on Socially and educationally backward Class? Is the reservation permissible to all
the above castes/classes in initial appointment as well as in promotions?
(Marks-10)
6. The State M, through law, reserves 69% of seats in all colleges in the state for SC, ST and other
Backward Class students. The Union Parliament amends the Constitution placing this law in the IXth
Schedule. B Challenges the Law in Supreme Court as violating his right of equality and also
challenges the Constitutional amendment as violating the basic structure doctrine. Discuss the validity
of the said law and Constitutional amendment with the help of decided cases.
(Marks-10)
7. Write short notes on any two of the following: (Marks-5x2=10)
a) B.P. Mandal Commission
b) National Commission for SC and ST
c) Carry forward Rule.

*********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
CLS-CORPORATE RECONSTRUCTION (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

6. Briefly discuss the concept of corporate restructuring and provision of the Companies Act,
1956 provided therein for organic restructuring. Refer some cases also.
(Marks-10)

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


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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
IPR-PATENT LAW (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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


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

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


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

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

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


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

*****************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I
SOCIOLOGY (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)

a) What is Sociology of Common Sense?


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

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

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


(Marks-10)

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

*************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I
SOCIOLOGY (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)

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

2. “Sociology as the Science which attempts the interpretative understanding of social action in
order thereby to arrive at a causal explanation of its course and effects”. Explain the
statement with suitable facts and examples. (Marks-10)

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


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

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

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


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

*************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
CONSTITUTIONAL GOVERNANCE-I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

3. Article 21 of the Indian Constitution has been interpreted very widely particularly since
Maneka Gandhi’s decision. Explain with relevant case laws how the Supreme Court has
expanded the meaning of right to life and personal liberty.
(Marks-10)

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

5. “Directive Principles of State Policy and Fundamental Rights together constitute the
conscience of the Constitution, and represent the basic rights inherent in human beings in this
country.”—
In the light of above statement, discuss inter-relationship between Directive Principles of
State Policy and Fundamental Rights with the help of judicial pronouncements.
(Marks-10)
6. Examine the scope of the Freedom of Religion under Indian Constitution. How far is India’s
claim that it is a Secular State justified by the Constitution?
(Marks-10)
I.D. No. ___________________
7. The Government of State F, in order to deal with growing communal tension and violence,
imposes a ban on television channels broadcasting news, scenes relating to riot and arson on
the ground that broadcast will be against the public interest. X, a viewer of television in the
State wishes to challenge the said on the ground that:

a) It interferes with his right to read/hear/see relevant information and is thus an


infringement of his right under Article 19 (1) (a).
b) The said ban is not supported by a law, empowering the state to impose such a ban.
Advice X on the relative merits of these arguments on the basis of Constitutional provisions
and case laws. (Marks-10)

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – V
PUBLIC INTERNATIONAL LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

5. a) “As a general rule a treaty may not impose obligations or confer rights on third parties
without their consent. But Vienna Convention on Law of Treaties makes certain
exceptions to this rule” Discuss. (Marks-3)
b) Discuss important stages involved in a formation of a Treaty. (Marks-7)

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


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

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


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

*************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
INTERNATIONAL COMMERCIAL ARBITRATION (OPT.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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


(Marks-10)

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

4. “Arbitral Procedure is a blend of adversarial and inquisitorial legal system”. Comment on the
statement in the light of various methods of presenting evidence to an Arbitral Tribunal.
Support your answer with relevant arbitration rules and case laws?
(Marks-10)

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

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

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


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

*********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
DIRECT TAX (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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


a) Classification of perquisites
b) Valuation of perquisites

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

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


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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII & IX
WTO (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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


cases. (Marks-10)

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

5. Agreement on Safeguards modifies Article XIX. Do you agree? Discuss in light of decision
of the Appellate Body in Korea-Dairy products and Argentina-Footwear cases.
(Marks-10)

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

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


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

*****************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – IX
CYBER LAW (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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

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

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

*****************
End Term Examination, November-2012
SEMESTER – I
ENGLISH LANGUAGE
I.D. No. ___________________
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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


types of communication? (Marks-10)

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


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

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

5. Do as directed : (Marks-10)
a) Push the door hard and it ’II open. (Turn it into a formal expression)
b) Now that he is back in prison, we will have to try again. (Turn this formal expression into
a colloquial)
c) Better be careful (Expand-remove the ellipsis).
d) We’ve met before. (Add a tag question).
e) Lunch finished, the guests retired to the lounge. (Make the expression informal)
f) Italy is ------------------ European Country. (Use article)
g) Everyone respects ………………… honest person. (Use article)
h) He ……………… the room and ………….. down in the chair. (‘Cross’, ‘Sit’ – use the
verbs correctly)
i) Is he seriously ill? (Give a negative reply)
j) I prefer coffee ……………. tea. (Use a correct preposition)
I.D. No. ___________________
6. In legal profession, what is the importance of drafting and pleading? What measures should
be taken to make them more effective? (200-250 words)
(Marks-10)
7. Write an essay on anyone of the following subjects: (350-450 words) (Marks-10)
a) English Consonants and Vowels.
b) Spoken English and Personality development.
c) Use of audio-visual in teaching and learning.
d) HNLU – as I desire and cherish it to be!

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
ECONOMICS (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

4. ‘The main purpose of India’s Industrial Policy of the Government is to maintain a sustained
growth in productivity and to enhance gainful employment’. Examine the given statement.
(Marks-10)

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

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

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


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

**********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
ECONOMICS (MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

3. While mentioning different features of Indian constitution discuss in detail the fundamental
rights which guarantee civil liberties in order to sustain peace and harmony among the
citizens of India. (Marks-10)

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

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

6. ‘Right to Information and Right to Education empower people to make proper use of their
economic and legal rights, enable them to build their strengths and assets and results in
overall productivity gains’. Justify. (Marks-10)

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


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

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – V
PRINCIPLES OF TAXATION LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

4. a) Explain the meaning of term ‘Deemed Owner’ as provided under section 27 of the
Income Tax Act, 1961. (Marks-5)

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

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

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

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


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

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – I
ECONOMICS (MAJOR & MINOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)

a) What is Diamond-water Paradox?


b) Define Opportunity Cost & Selling Cost.
c) What is Marginal Rate of Substitution (MRS)?
d) What is meant by ‘time preference’ in the context of interest theory?
e) Define MEC.
f) What is National Income?
g) What is CRR?
h) What is production possibility Frontier?
i) What is the difference between Extensive cultivation & intensive cultivation?
j) Define Cross Elasticity of demand.

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

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

4. “Keynesian theory of effective demand is the heart of the modern macro economic analysis”.
Discuss (Marks-10)

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

6. Explain clearly the marginal productivity theory of distribution. Discuss the modern theory of
wage under perfect competition. (Marks-10)

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


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

************
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
POLITICAL SCIENCE (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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

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

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

5. Write an essay on centre-state relations in India highlighting the areas of tension between the
union and the state governments over the years. (Marks-10)

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

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


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

**********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – III
POLITICAL SCIENCE (MINOR)
(INDIAN POLITICAL SYSTEM)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)
a) Why has India been described as a parliamentary democracy?
b) Explain the term “We the People of India”.
c) Why is India Called a ‘Republic’?
d) What freedoms have been guaranteed in Article-19 of Indian Constitution?
e) Under what circumstances National Emergency can be declared in India?
f) Why is India called a Federal State?
g) Name the writs issued by the High Court.
h) Why is the Supreme Court of India known as the Court of Records?
i) What are the main features of 74th Amendment Act?
j) What are discretionary powers of Governor?

2. What is Fundamental Rights? Critically examine the fundamental rights enjoyed by Citizens
of India. (Mark-10)

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

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

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

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

7. What do you understand by national and regional parties? Make an analysis of the role played
by regional Political Parties in India. (Mark-10)

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – V
ECONOMICS (MAJOR)
(LAW POVERTY AND DEVELOPMENT)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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

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

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

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

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

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

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


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

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – V
SOCIOLOGY (MAJOR)
(SOCIAL PSYCHOLOGY)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)
a) What is fundamental attribution Error?
b) What is Social Cognition?
c) What are the applications of Social Psychology?
d) What is Cognitive Psychology?
e) State the Hazards of Positive Stereotypes.
f) How do you mean attachment styles in Relationship satisfaction?
g) Explain Social Categorization.
h) Mention the ethical issues in Social Pressures.
i) What is classical conditioning in formation of attitude?
j) Explain the Experimental Method.

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

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


suitable examples. (Marks-10)

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

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


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

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

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – V
POLITICAL SCIENCE (MAJOR)
(INDIAN POLITICAL SYSTEM)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


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

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


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

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


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

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

5. “Relevance of non-alignment has become a subject of great debate in Post Cold War
Contemporary World”. Analyse. (Marks-10)

6. Evaluate the significance of United Nations organization in maintaining World Peace with
the help of its principal organs. (Marks-10)

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


(Marks-10)

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – VII
LAW OF EVIDENCE
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

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


(Marks 10x1=10)
a) What is meant by Presumption of fact?
b) Distinguish between relevancy and admissibility.
c) What do you understand by public document?
d) Define certified copies.
e) What is meant by judgment in rem ? Give an example.
f) Explain and illustrate Primary evidence.
g) Does electronic record include document?
h) Give an example of promissory estoppel.
i) Why confession before police officer is not relevant?
j) What do you mean by T.I. Parade?
2. a) Critically examine the evidentiary value of Section 113 B of Indian Evidence Act with special
reference to Section 304 B and Section 498 A of I.P.C with case laws. Can a person who is
acquitted under Section 304 B be convicted under section 498 A ? If, yes, under what
circumstances? (Marks-5)
d) “The rules of evidence are, in general, the same in Civil and Criminal Proceedings”. Comment
and state if there are any exceptions to these rules.
(Marks-3)
e) Can a confession made by an accused while in police custody be proved against him? If yes, to
what extent? (Marks-2)
3. a) Are electronic records admissible in evidence? If yes, under what circumstance? Answer with
reference to the provisions of the Indian Evidence Act. (Marks-4)
b) How far, under what circumstances, and for what purposes can previous judgments be deemed
relevant? (Marks-2)
c) Are the following judgments against B relevant against C in the later cases=
i) A prosecutes B for adultery with C, A’s wife. B denies that C is A’s wife, the court convicts
B for adultery. Afterwards, C is prosecuted for bigamy by marrying B during A’s life time. C
pleads that she was never wife of A. (Marks-2)
ii) A prosecutes B for stealing his cow and B is convicted. A afterwards sues C for the cow
which B had sold to C before B was convicted. (Marks-2)
4. a) What is the difference between Substantive Law and Adjective Law with reference to Evidence
Act? (Marks-2)
b) A is charged with dishonestly receiving stolen property under section 411 of the Indian Penal
Code. In course of investigation the police asked A where the property was ? A replied that he
had buried the property in the fields. He took the police to the spot and pointed the earthen pot in
which the property was kept. He then told the police that was he who had buried the property
there.
Are the two statements of A admissible under section 24? If not, whether they can be admitted
under some other section? (Marks-2)
c) Explain with reasons on whom the burden of proof lies in the following cases- (3x2)
(Marks-3x2=6)
i) Burden of proving that a person is alive who has not been heard of for eight years.
ii) Burden of proving death of a person known to have been alive within forty years.
iii) A is charged with travelling on a railway without a ticket. On whom does the burden of
proving that he has a valid ticket lie? How the traveler can prove his bonafides?
I.D. No. ___________________
5. a) “ It is no derogation of evidence to say that it is circumstantial’- Explain with case laws what
tests such evidence must satisfy in order to be accepted as proof ?
(Marks-3)
b) Critically examine the evidentiary value of Dying Declaration with the help of decided cases. Do
you think that the transaction which resulted death amounts to dying declaration.
(Marks-4)
c) Define expert. State the circumstances in which expert evidence is admissible in civil or criminal
matters. Does expert’s testimony differs from that of an ordinary witness?
(Marks-3)
6. a) It is the cardinal principles of criminal law that the burden of proof always lies on the prosecution
subject to certain exceptions. What are the exceptions? Explain with statutory provisions.
(Marks-4)
b) D, when he was a minor, sold his house to E for Rs. 50,000. At the time of sale D made a false
representation as to his age to E who believed D to be of competent age. After the sale deed was
written and registered and after he had taken the sum of money D refused to deliver E possession
of the house.
Is D stopped from stopped from proving his minority in avoidance of the sale? Give reasons.
(Marks-3)
c) A destitute woman is raped by a police officer within the police station when she had been
brought for questioning with regard to some matter. in the subsequent prosecution for rape , the
medical evidence had established the factum of sexual intercourse.
The woman further has stated in her evidence that she was forcibly raped and that she did not
consent to the rape.
The police officer, however, contends that she being an immoral woman had taken advantage of
the absence at the time and had offered her services for a price.
Can the court make any presumption in such case ? (Marks-3)
7. a) Stolen goods are recovered from the possession of the accused just after a few days of the
theft/dacoity. What presumptions, if any, can be made against him?
(Marks-2)
st
b) Leela married Deepak on 1 January 2009. Soon after, Leela also started having an adulterous
relationship with Sanjay. On 1st June 2010, Deepak divorced Leela under Section 13 (1) of the
Hindu Marriage Act. A child was born to Leela throughout the period of marriage and also
thereafter.
Is the child a legitimate child in terms of the evidence Act? (Marks-3)
c) A tape-recorded statement especially in cases under Section 161 or 385 I.P.C. is admissible in
evidence. However, the Supreme Court has consistently reiterated a number of preconditions,
which must be satisfied before the same is taken to be admissible. What are these necessary
conditions?
Explain with the help of relevant provisions of law judicial precedents. (Marks-5)

***********
I.D. No. ___________________
End Term Examination, November-2012
SEMESTER – IX
NATIONAL REGULATION OF INTERNATIONAL TRADE [NRIT
(HONS.)]
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student must attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Define the following. Answer the following (each answer should be written in 50 words
approximately): (Marks-10x1=10)
a) Import of goods
b) Export of goods
c) Dumping
d) Margin of dumping
e) Margin of injury
f) Special Economic Zone
g) Capital account convertibility
h) Current Account convertibility
i) Role of Foreign Investment Promotion Board
j) Import of services

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


implementation of foreign trade policy. (Marks-10)

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

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

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

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

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


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

***********

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