Professional Documents
Culture Documents
___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-I
Legal Method
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.
2. “The powers of the Supreme Court for protection of Fundamental rights of citizens are of the widest
amplitude and there is no reason why the court should not adopt activist approach similar to the courts
of America and issue to the states directions which may be involved taking of positive action with a
view to securing fundamentals rights.”—
In the light of above statement, explain what is judicial activism? How the Supreme Court of
India is playing activist role for the protection of fundamental rights?
(Marks 10)
3. “The doctrine of separation of powers is fundamental for every democracy. The doctrine ensures
fairness in the working of government. However, the doctrine has got diluted with the passage of
time. The dilution even seen in the countries where the doctrine is primary to its Constitution.”—
In the light of above statement, explain the Doctrine of separation of powers in India with the
help of landmark judgments. (Marks 10)
4. “Dissenting opinion reflected in the case of A.K. Gopalan v. State of Madras has become latter
majority opinion in the case of Maneka Gandhi v. Union of India.”—
In the light of above statement, explain the law points which have been reflected from the
case of Maneka Gandhi v. Union of India. (Marks 10)
5. “By interpreting or construction is meant the process by which the courts seek to ascertain the
meaning of legislation through the medium of authoritative forms in which it is expressed.”—
With reference to above statement, discuss the various rules of statutory interpretation with
the help of landmark judgments. (Marks 10)
6. Explain the requirements of valid custom. Also discuss validity of custom as a source of law in India.
(Marks 10)
I.D. No. ___________________
7. Discuss the major function and purpose of law highlighting the major classification of law.
(Marks 10)
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I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-III
Law of Contract-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.
(b) Can a minor be admitted to a partnership? If so, what are the rules governing minor’s
rights and liabilities? Discuss (Marks 5)
4. (a) A watch dealer agrees to give a ‘Timex’ watch to a customer on the terms that Rs.3000
should be paid by him immediately and Rs. 8000 more in two monthly equal installments. It
was further agreed that if the watch is found defective the customer may return it within a
week but not later. The customer makes default in paying the last installment. Can the watch
dealer take back the watch on his default? (Marks 5)
(b) “Registration of a firm is not compulsory. It is optional and there is no penalty for non-
registration. Yet registration becomes necessary at one time or the other.”
With the help of the above stated statement discuss the effect of non-registration of firms.
(Marks 5)
5. State the ‘Doctrine of Caveat Emptor’ and explain the exceptions to it and support your
answer with the case laws.
(Marks 10)
6. (a) Define and distinguish between a Condition and a Warranty. Under what circumstances
a breach of condition is to be treated as a breach of warranty? Cite some examples.
(Marks 7)
I.D. No. ___________________
(b) ‘Rajan’ sells to ‘Atul’100 bags of cotton which are locked up in a godown. ‘Ranjan’
hands over to ‘Atul’ the key of the godown. Does it constitute the delivery of the goods to
‘Atul’. (Marks 3)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-V
Indian Penal Code
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.
2. (a) “The view that everyone is presumed to know law seems contrary to common sense and
reason, even if it were, it would only be a legal fiction not a moral justification. Even judges
may be ignorant of law.”
In the light of the above statement critically analyse the maxim ignorantia juris non
excusat. (Marks: 04)
(b) Explain the extent and limitations of right of Private Defence with the support of relevant
provisions and decided cases? (Marks: 06)
3. (a) While explaining the offence of theft, discuss the essentials of theft in brief?
(Marks 3)
(b) “In all robberies there is either theft or extortion”. In the light of above statement, discuss
the provisions related to offence of Robbery and distinguish it from the offence of Dacoity.
(Marks: 07)
4. (a) “The principle that where the accused chooses lesser evil in order to avert the bigger, then
he is immune.” With the help of this statement discuss the laws related to ‘Necessity’
provided in Indian Penal Code, 1860, with cases.
(Marks: 06)
(b) A and B entered in a Bank to commit robbery, shot dead the cashier and took away the
money in a car driven by C, who was waiting outside the Bank. D was also their companion who
was deputed to keep a watch outside and give a signal if the police happen to arrive. By the time
police arrived. A, B and C escaped from the scene of occurrence and only D was arrested and
prosecuted. During the trial D said that he neither entered the bank nor killed anyone and
not even touched the money so he would not be liable for anything. Discuss the criminal liability of
D, if any. (Marks: 04)
I.D. No. ___________________
5. Explain in detail meaning and ambit of two phrases ‘culpable homicide amounting to murder’
and ‘culpable homicide not amounting to murder’. And also differentiate culpable homicide
from murder. (Marks: 10)
6. (a) The question of defamation under the Indian Penal Code has been retained because
criminal law alone can effectively deal with such law breakers. As regard to the freedom of
speech and expression, it is sufficiently safeguarded by the several explanations added to the
definition of Defamation. Explain. (Marks: 08)
(b) From the body of a dead man found floating in a river, A, the policeman on duty
recovered an identity card of the deceased, a costly wristwatch and a gold ring. He did not
record in the recovery memo the last two items and pocketed them. Which offence, if any, was
committed by A? Decide.
(Marks: 02)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-VII
Law of Evidence
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.
2. (a) To prove his title, the complainant produces an unattested Photostat copy of a document
on the ground that the original one is lost. Decide whether the document produced by the
complainant may be admitted as secondary evidence?
(Marks 3)
(b) Hearsay evidence is no evidence. Explain the reasons for the exclusion of hearsay
evidence. To what extent has the principle of exclusion of hearsay evidence been adopted in the
Indian Evidence Act? (Marks 7)
3. (a)Who is an expert? When are the opinions of experts relevant? What are the difference
between an expert and ordinary witness? Analyse the evidentiary value of expert
opinion. (Marks 7)
(b) Discuss the evidentiary value of dying declaration. Support your answer with case laws.
(Marks 3)
6. “A confession is an admission made at any time by a person charged with a crime stating or
suggesting an inference that he committed a crime”-----In the light of above statement, discuss
the relevancy, admissibility and evidentiary value of confession in India citing the relevant cases as
well. Is confession made before a police officer admissible? (Marks
10)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-IX
Civil Procedure Code
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.
6. Order I deals with subject of parties to suit and the issues of mis-joinder and non- joinder of
parties. Who can be considered as necessary and proper party? Explain with the help of
decided case laws. (Marks 10)
7. Write Short Notes on the Following: (Marks 5×2=10)
a. Attachment before Judgment
b. Admission
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, April -2013
LL.M.
SEMESTAR-III
Corporate Tax
Max. Marks: 50 Time Allowed:3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. What do you mean by Income? Discuss about ‘application and diversion’ of income, with the
help of illustrations. (Marks 12.5)
2. ‘X’ is an Indian Pvt. Ltd. Co. who has distributed 60% of its shares to various Co’s outside
India. Two of its directors’ stay in USA, for a long time and under their influence the
company conducts most of their core committee meetings in USA. But till now, meetings
regarding allotment of shares are always held in India. Decide the residential status of ‘X’
with the help of respective provisions enunciated in the Income Tax Act, 1961.
(Marks12.5)
*******
I.D. No. ___________________
ID NO………………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-I
Political Science
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.
2. “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 Hobbes, Locke and Rousseau.
(Marks 10)
3. “State is a necessary evil.” Substantiate the statement in the light of Classical Liberal theory of functions
of the state. (Marks 10)
4. What do you mean by a welfare state and what are the factors that led to its emergence? Discuss the
specific provisions of Constitution of India that aim at promoting a welfare state.
(Marks 10)
5. “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)
ID NO………………..
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-III
Economics (Major & Minor)
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.
4. Draw out the relationship between child welfare and stringent laws. Also discuss why a multi-sectoral
approach is required to tackle the problem of child labour in India.
(Marks 10)
5. ‘Agriculture in India accounts for approximately 64% of entire work force and in spite of
encompassing progressive legislative framework, the condition of rural agricultural labour remains
critical.’ Comment on the given statement. (Marks 10)
6. Discuss in detail the role played by ‘Legal Aid’ in upliftment of the vulnerable groups and weaker
sections in India. (Marks 10)
*******
I.D. No. ___________________
ID NO………………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-V
Labour 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.
a. What are the chief differences between; living wage, minimum wage and fair wage?
b. Mention two main similarities and dissimilarities between, ‘Social Assistance & Social
Insurance’.
c. Can diseases like, Nervous Collapse and Traumatic neurosis affecting an industrial worker during
the course of employment be compensated in any manner? If yes, what is the necessary condition
to make the employer liable to pay compensation under which Act?
d. Discuss what is “Peculiar or Increased Risk Doctrine” laid down by Prof. A Larson while
interpreting the concept of arising out of employment?
e. State the main powers of Employees’ State Insurance Court and also mention that it shall deemed
to be what court under which provision of Code of Criminal Procedure (Cr.P.C).
f. ‘X’, has deliberately and knowingly made a false representation to ‘Y’, so that he can avoid a
payment due from him towards an Insurance scheme. Is it an offence under, The Employees’
State Insurance Act, 1948? If yes, what is the penalty and under which provision of the Act?
g. What are the basic criteria for applicability of, The Employees’ Provident Fund and
Miscellaneous Provisions Act, 1952?
h. Define the term, ‘Factory’, given under, The Employees Provident Fund and Miscellaneous
Provisions Act, 1952.
i. ‘Every inspector appointed under, The Maternity Benefit Act, 1961 is not deemed to be public
servant’. Whether the statement is correct or not, justify?
j. Ramesh has filed a complaint against his employer following all the procedures laid down under,
The Payment of Gratuity Act, 1972 to recover the amount of gratuity due to him; but he is
ignorant about the proper jurisdiction where the offence of the employer would be tried. Direct
him with proper jurisdiction and mention the applicable provision of, The Payment of Gratuity
Act, 1972?
8. (a) Explain the procedure laid down in, The Payment of Gratuity Act, 1972, regarding determination
of amount of gratuity with applicable provision and judicial decisions.
(Marks 5)
(b) Suresh an employee of a glass factory has been retrenched from his service after 4 and ½ years of
his employment but subsequently he was engaged in the same factory on wages for various broken
uncertain periods whenever there is work available for him. Can he claim gratuity under, The
Payment of Gratuity Act, 1972 being an employee providing ‘continuous service’ to his employer.
Explain.
(Marks 5)
9. (a) Explain the procedure for fixing and revising minimum wages under, The Minimum Wages Act,
1948. (Marks 5)
(b) Define the concept of ‘wages’ under, The Minimum Wages Act, 1948, with the help of related
judicial decisions. (Marks 5)
10. Explain various kinds of benefits provided under, The Employees’ State Insurance Act, 1948 with
specific provisions and judicial decisions. (Marks 10)
I.D. No. ___________________
11. Sarita, an employer in a cloth industry absents herself from work without giving any notice to her
employer for the entire month of February, 2013. But on 2 nd March, 2013 her employer received a
notice about her delivery two days ago, i.e. on 28 th February, 2013. In spite of such receipt the
employer dismissed her from any maternity benefit or medical bonus. Decide the case, with proper
applicable provisions and judicial decisions. (Marks 10)
12. The Court observed in a landmark case that; “employment does not necessarily end when the down
tool signal is given or when the workman leaves the actual workshop where he is working”. Explain
the above statement with the relevant concept, provisions and judicial decisions if required under the
relevant Act.
(Marks 10)
13. (a) Discuss various defenses available to an employer for not paying compensation to an employee
under, The Employees’ Compensation Act, 1923.
(Marks 5)
(b) ‘X’ a workman in a Steel Industry was residing in a hut provided by the employer in the factory
premises itself. On a cursed night, the hut caught fire and the workman was burnt alive. Can his
dependants claim compensation under, The Employees’ Compensation Act, 1923 on the ground of
claiming the mishap as accident arising out and in course of employment?
(Marks 5)
*******
I.D. No. ___________________
ID NO………………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-VII & IX
Women and Law (Opt.)
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.
2. Contemplate on status of women in various phases of period. How far their status has improved in
modern days? (Marks 10)
3. Discuss the reservation policy of women in our country in legislative and local bodies. Will there be
any change in the position of women after passing of Women Reservation Bill which is long awaited?
Discuss. (Marks 10)
4. Discuss the grounds on which a wife can claim maintenance under Section – 125 of Criminal
Procedure Code, 1973 (Marks 10)
5. “Section 498 -A of IPC is often misused by Women now a days.” In the light of above, analyse the
provision with case decisions. (Marks 10)
6. Discuss the role of Supreme Court and various High Courts towards protection of interests of Women
in India. Support your answer with case laws. (Marks 10)
*******
ID NO………………..
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-VII
Competition Law
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.
2. (a) Electra Inc. is manufacturer and distributor of a very popular brand ‘X7 Smart Phone’ in European
Region and has its head office in London. Tetra Cell Co. is a firm engaged in production and
distribution of Smart Phones in India. In the year 2010 the managing director of Tetra Cell Co.
requested Electra Inc. to enter into an agreement for distribution of ‘X7 Smart Phone’ in India. Since
there was no distribution facility for ‘X7 Smart Phone’ in India, Electra Inc. accepted the request and
thereby entered into an agreement with Tetra Cell Co. According to the agreement Electra Inc. will
supply the necessary components and technology for manufacturing ‘X7 Smart Phone’ to Tetra Cell
Co., which will then produce the final finished ‘X7 Smart Phone’ for distribution in India. Further the
Tetra Cell Co. agreed not to deal with any other Smart Phone manufacturers and distributors in India
and Electra Inc. also agreed that they shall not deal with any other smart phone distributors in India. A
group of smart phone distributors in India approached the Competition Commission of India
challenging the said agreement–Decide
(Marks 3)
(b) Discuss the scope of exceptions granted to agreements dealing with Intellectual Property Rights
under the Indian Competition Act, 2002. Explain whether such exceptions are conflicting with the
basic purpose of Competition Act, 2002.
(Marks 4)
(c) Explain the powers of Competition Appellate Tribunal to award compensation while
dealing with an appeal. (Marks 3)
3. (a) “The object of Competition Law in India is to regulate each and every combination defined under
Competition Act, 2002. But still there are certain types of combinations which though satisfy the
threshold limit prescribed under Section 5 are outside the purview of Competition Act, 2002” – In
the light of above statement discuss the various types of combinations exempted from the purview of
Competition Act, 2002. (Marks 2½)
(b) Tampa Coal Co. and Nashville Coal Ltd. are two prominent companies engaged in the operation of
extracting and processing coal in India. Both the companies have decided to merge together and have
completed necessary procedures under the Company Law. They have submitted a notice to the
Competition Commission of India seeking approval for such merger. Explain the necessary
procedures to be followed by Competition Commission of India while dealing with such notice.
(Marks 7½)
4. (a) Porto Genova is a dominant firm in India supplying bulk raw materials for the production of
medicine for the disease of Swine Flu. In the year 2012 Porto Genova decided to enter into the market
of production of medicines for Swine Flu in India. So they stopped distributing the raw materials to
other producers in India who were their old customers. All those producers therefore approached the
Competition Commission of India – Decide. (Marks 3)
I.D. No. ___________________
(b) “For determining dominant position of an enterprise, the relationship between the market
shares of the undertaking concerned and of its competitors are relevant factors” – In the light of above
statement explain the relevance of market share of a firm for determining dominant position.
(Marks 3)
(c) Examine the various instances of Abuse of Dominance under the Indian Competition Act,
2002. (Marks 4)
5. (a) Examine the law relating to Extraterritorial Application of Competition Law in US, EU and India.
What are the difficulties which may be faced by the Competition Commission of India while applying
the Competition Act, 2002 to a foreign country?
(Marks 6)
6. (a) Discuss the Objectives, Composition and Powers of Competition Commission of India.
(Marks 5)
(b) Explain the various ‘Penalties’ under the Indian Competition Act, 2002.
(Marks 5)
7. What do you mean by Relevant Market? Explain and compare the various principles established by
the competition law framework of EU, US and India for determining the Relevant Market.
(Marks 10)
*******
I.D. No. ___________________
ID NO………………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-VII
Banking Law
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.
3. “Reserve Bank of India is a permanent entity for development of Excellency in banking and for
boosting up the public confidence in the system.”
In the light of the above statement, elucidate the developmental functions of Reserve Bank of
India (RBI) including the latest trends and also highlight the important RBI norms in the way of
progress. (Marks 10)
4. Mr. Narasimham Committee was asked to “review the powers of Banking and Financial Sector to
date and a program on Financial Sector reforms to strengthen the Indian Financial System and make it
internally competitive.”
In view of the above paragraph, explain the major recommendations made by the above
committee and to what extent these recommendations have been accepted and implemented by the
Central Government. (Marks 10)
5. “Nationalization of Banks has brought a radical change in the progress of banking system in India.”
In the light of the above statement, critically examine the arguments for and against the
Nationalization of Banks in India. Do you support private banking system?
(Marks 10)
6. Define Cheque. Explain its types. How does it differ from Bills of Exchange and Promissory Note?
(Marks 10)
7. Answer any two of the following: (Marks 5×2=10)
a. General relation between Banker and Customer
b. Dishonour of Cheque and section 138 of N. I. Act, 1882
c. Financial Inclusion
*******
I.D. No. ___________________
I.D. No. ___________________
ID NO………………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR-VII
International Commercial Arbitration
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.
3. (a) It is a fundamental principle of International Commercial Arbitration that every arbitrator must
remain independent and impartial during the entire proceedings of the Arbitral Tribunal. Comment
(Marks 5)
4. Discuss the Procedure relating to Settlement of dispute by International Chamber of Commerce. Also
state the Advantages of getting the dispute settled by International Chamber of Commerce.
(Marks 10)
5. Discuss the conditions for the enforcement of Foreign Award under the New York Convention, with
the help of decided case laws? (Marks 10)
6. “The competence of the Arbitral Tribunal comes from the agreement of the parties. It is the parties
who give Arbitral Tribunal the authority to decide disputes between them so Arbitral Tribunal must
not exceed its Jurisdiction.”
In the light of the above statement explain the principle of Kompetenz-Kompetenz of arbitral
tribunal to rule on its Jurisdiction. (Marks 10)
ID NO………………..
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR- IX
Competition Law
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 10×1=10)
a. How would the objectives of the Competition Act, 2002 be achieved?
b. What is competition in the market?
c. What is an “agreement” under the Competition Act?
d. When the commission may initiate inquiry into anti- Competitive agreements/ abuse of
dominance?
e. What is relevant market?
f. Can the Commission initiate inquiry on its own?
g. What is Predatory pricing?
h. What is monopsony market?
i. Define Customer?
j. What is Rule of reason?
2. Discuss the goals, objectives and importance/ usefulness of competition law in India.
(Marks 10)
3. What is bid rigging? What is the difference between horizontal and vertical agreement? What are the
common characteristics of cartels? (Marks 2+6+2 = 10)
4. What constitutes abuse of dominance? What orders the commission can pass in case of Anti-
Competitive agreements and abuse of dominant position? In India list of abuses in the Act are
exhaustive, “no action if an action is not covered in list.”- Illustrate.
(Marks 2+4+ 4= 10)
5. What is Competition Advocacy? Contemplate on role of CCI towards curbing adverse effect of
competitions between companies. Discuss it powers and functions also.
(Marks 2+8 = 10)
6. What is combination? Does a firm proposing to combine have to notify the Commission? ‘Many anti
competitive acquisition and merger below threshold levels of assets and turnover stipulated in section
– 5 would not be covered by the Act.’ Elucidate.
(Marks 2+3+5 = 10)
7. ‘The Competition Commission of India will not be bound by the procedure laid down by the Code of
Civil Procedure, 1908 but shall be guided by the principles of natural justice. - Illustrate. Refer
relevant case laws, if any. (Marks 10)
*******
I.D. No. ___________________
ID NO………………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTAR- IX
Media and Law
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 1×10=10)
a. Why is Metcalfe’s Act of 1835 hailed as the most liberal Press Act in the history of India?
b. What are the implications of Supreme Court’s decision in Surya Prakash Khatri v. Madhu
Trehan (Wah India Case) ?
c. Enumerate the legal provisions that license secrecy in India.
d. Discuss briefly the contours of fundamental right of a journalist to attend and report judicial
proceedings.
e. How did the Hero Cup Judgment being reflective of Doordharshan’s monopoly have had a
profound impact on broadcasting rules and regulations in India?
f. Discuss the provisions of programme code and advertising code as envisaged under the Cable
Television Networks (Regulation) Act, 1995.
g. What is doctrine of direct impact?
h. Enumerate the pertinent legislations which embody restrictions on the right to free speech in
the interests of decency and morality.
i. What are the rights of the ‘author’ vis-à-vis ‘publisher’?
j. State, in brief, the different functions of Telecom Regulatory Authority of India.
2. The Supreme Court has recognized that there can be no uniform test of obscenity and that each case
would have to be judged on its own facts. The court has, however, through various judgments laid
down the broad parameters to be followed in judging whether a particular publication is obscene.
Discuss the relevant parameters with the help of judicial decisions.
(Marks 10)
3. Examine the scope of broadcasting rights under Article 19(1) (a) of the Constitution. Also trace the
evolution of broadcasting and its regulation in India.
(Marks 10)
4. Right to information is of special significance to the media whose lifeline is information, though for
many decades, no such right was recognized. It was only through a creative interpretation of Article
19(1) (a) of the Constitution that the Supreme Court of India carved out a fundamental right to
information as being implicit in the right to free speech and expression. Discuss.
(Marks 10)
5. In India, so far, the law on privacy has been relegated to a penumbral status and it is time to give it the
status of well-defined, inviolable and enforceable legal right. Discuss.
(Marks 10)
6. Does the press enjoy a special privilege to maintain anonymity of its sources of information? Explain
in the light of various rights, privileges and liabilities that accrue to the press, both as a medium of
expression and upon journalism as profession.
(Marks 10)
7. The law of contempt requires balancing between two competing democratic values namely, the right
to free speech, expression and criticism on one hand and the necessity to shield the judicial system
from indignity on the other. What then, is the dividing line between criticism and contempt? What
stance is taken by the courts in India, England and United States?
(Marks 10)
I.D. No. ___________________
*******
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-I
Sociology
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.
*******
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-III
Constitutional Governance-I
Max. Marks: 50 Time Allowed:3:00 Hrs.
Note: Student should attempt Question No.1 which is compulsory and any four of the remaining questions.
4. “The State shall not deny to any person equality before law …” Critically examine this provision.
What can be the guiding principles for classification between two types of offences for trial by special
courts? (Marks 10)
5. “A law establishing procedure for curtailing personal liberty of a citizen must be in consonance with
the rule of justice, fairness and reasonableness”.
Critically examine. What would be your answer if such a law also violates equality clause.
(Marks 10)
6. “It is fallacious to think that the Directive Principles of State Policy (DPSP) and Fundamental Rights
are opposed to each other in their ultimate objectives. They are, in fact complementary and
supplementary to each other, both striving to secure socio-economic welfare by ensuring a social
order in which justice and individual liberty are safeguarded”.
Discuss the relationship between the Fundamental Rights and the Directive Principles of State Policy
(DPSP) in the context of constitutional amendments and judicial decisions.
(Marks 10)
7. Decide the constitutional validity of the following with the help of decided cases:
(Marks 10)
a) Reservation of posts of Scheduled Castes and Scheduled Tribes persons in Promotion.
b) Reservation of seats for socially and educationally backward classes of citizens in private unaided
colleges in a state.
*******
I.D. No. ___________________
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-V
Corporate Law-I
Max. Marks: 50 Time Allowed:3:00 Hrs.
Note: Student should attempt Question No.1 which is compulsory and any four of the remaining questions.
2. (a) Are the terms ‘Member’ and ‘Shareholder’ synonymous to each other? If not, establish the point
of difference between them. State the different ways of acquiring membership and also mention the
various rights of a member/shareholder.
(Marks 4)
(b) “The doctrine of Indoor management is a silver-lining to the strangers dealing with the
company”. Do you agree? Briefly establish the doctrine along with the exceptions. Support your answer
with case laws. (Marks 6)
3. (a) A Company issued a prospectus advertising that the company has a great potential ‘turnover’ of a
one million bags of cement in a year. It was however discovered later that while the company did
have the installed capacity of bags it had never actually produced more than six lacs bags of cement in
any year. Subsequently the buyers of the shares seek remedy against the misleading statement. Will
they succeed? (Marks 3)
(b) X Co. Ltd. intended to buy a rubber estate in Peru. Its prospectus contains extracts from an
expert’s report giving the valuation of the property and the number of rubber trees in the estate. The
report was inaccurate. Will any shareholder buying shares of the company on the basis of the above
representation have any remedy against the company? Can the persons authorizing the issue of
prospectus escape the liability?
(Marks 3)
4. (a) “One great advantage of floating a company is the raising of capital required for business from the
general public. This is done by issuing a document called prospectus. It intends to arouse the interest
of the investors in the proposed company and induces them to invest in its shares and debentures”.
Do you agree? In light of the above paragraph, discuss the scope and meaning of the term
Prospectus giving special emphasis to the terms “issued” and “inviting offers from public” as used in the
definition given under the Companies Act. Is issuing of prospectus an offer?
(Marks 6)
I.D. No. ___________________
(b) What do you mean by “Reduction of Share Capital”? Discuss the ways by which a company
can reduce its share capital with sanction of the Court. (Marks 4)
6. (a) “The right to participate in the profits exists independently of any declaration by the company
with only a difference that the enjoyment of profits is postponed until dividends are declared”
Do you agree? Explain the terms “Dividend” and “Interest” and briefly discuss the sources
out of which the dividends can be paid. Briefly discuss the point of contrast between Final Dividend and
Interim Dividend. (Marks 6)
(b) What do you mean by the terms “Public Deposits” and “Loans” and establish the points of
distinction between them. (Marks 4)
7. What do you mean by the term “Allotment of Shares” and “Irregular Allotment”? Discuss the rules
regarding allotment and elucidate the statutory provisions regarding effect of irregular allotment.
Refer case Laws of support your answer.
(Marks 10)
*******
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII
Criminal Procedure Code
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.
2. Examine the procedure for search and seizure under the Criminal Procedure Code, 1973 in the light
of the constitutional protection guaranteed to an accused.
(Marks 10)
3. Discuss the various provisions laid down in the Criminal Procedure Code, 1973 with regard to the
registration of First Information Report (FIR) and the powers of the police to investigate on that basis.
Also state the evidentiary value of an FIR.
(Marks 10)
4. “For every distinct offence of which any person is accused there shall be a separate charge and every
such charge shall be tried separately.” Comment.
Also discuss the exception to this general rule. (Marks 10)
5. Give a critical account of the broad principles regarding grant of bail in criminal cases. Can a bail be
claimed as a matter of right? (Marks 10)
6. What are the objects of Summary trials? Which offences are triable summarily and who are conferred
with the jurisdiction to try offences summarily? Discuss the provisions related to summary trial as
given in the Criminal Procedure Code, 1973.
(Marks 10)
7. Define warrant cases. Discuss the trial procedure of warrant cases before the Court of Session with
reference to relevant statutory provisions given under the Criminal Procedure Code, 1973.
(Marks 10)
*******
ID. NO…………..
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-IX
Land Laws
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.
2. (a) Discuss the procedure under CGLRC for the assessment and reassessment of land in urban areas.
(Marks 6)
(b) What are land records? Throw light on the different forms of land records.
(Marks 4)
3. Discuss the concept of “eminent domain”. Also discuss how land revenue is considered to be the first
charge on land? (Marks 10)
4. (a) Who is a tenure holder? What are the rights of a Bhumiswami under the scheme of consolidation
of holdings? (Marks 6)
(b) Who are village officers under CGLRC? (Marks 4)
5. What is a Social Impact Assessment Study? Discuss the manner under the Right to Fair
Compensation & Transparency in LARR Act, 2013 for determining social impact and public policy.
(Marks 10)
6. Discuss the rights and obligations of tenant and landlord under the CG Rent Control Act, 2011.
(Marks 10)
7. Write short notes on any two of the following: (Marks 5X2=10)
a. Temporary occupation of land
b. Affected family
c. Appropriate government
*******
ID. NO…………..
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, April -2013
LL.M.
SEMESTER-III
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. “A Public Limited Company has no obligation to have its shares listed on a recognized stock
exchange. But if the company intends to offer its shares or debentures to the public for subscription by
the issue of a prospectus, it much before issuing such prospectus, apply to one or more recognized
Stock Exchanges for permission to have the securities intended to be so offered to the public to be
dealt with in each such Stock Exchange”.
From the above statement, critically explain the procedure for listing and delisting of securities in
recognized stock exchanges with relevant legal provisions. Support your answer with cases.
(Marks 12.5)
2. The financial markets facilitate the reallocation of savings from savers to entrepreneurs. Savings are
linked to investments by a variety of intermediaries through a range of complex financial products
called “Securities”. The securities market has two interdependent and inseparable segments, namely
the primary market and the secondary market. The primary market is the channel for creation of new
securities through financial instruments by public limited companies as well as government agencies
whereas secondary market deals in securities already issued.
With reference to stated object examine the Secondary Market Operations and contemplate on
the contribution of SEBI with the help of recent case laws and amendments.
(Marks 12.5)
3. Define Securities? What do you understand by marketable securities? Whether the provisions of
Securities Contract (Regulation) Act, 1956 are applicable to the Unlisted Public Companies as well?
(Marks 12.5)
4. What is meant by Dematerialization of securities? Can Dematerialization of securities be converted
in to Re-materialization? Explain the role of the Depository participant in this regard.
(Marks 12.5)
5. What do you mean by the term “Intermediaries” in Capital Market? Critically explain the role of
Merchant Banker in issue management of a Corporation with relevant regulations of SEBI.
(Marks 12.5)
6. Short Notes: Answer any TWO of the Following: (Marks 6.25×2=12.5)
a. ADR and GDR
b. Derivatives
c. Securities Appellate Tribunal
*******
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-I
English Language
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.
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-III
Political Science (Major)
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.
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-III
Political Science (Minor)
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.
2. “The Indian Constitution is federal in form and unitary in spirit”. Examine this statement based on
shifting trends witnessed in Indian Federal system. (Marks 10)
3. Evaluate the role of the Indian Judiciary as an institution of checks and balance on the functioning of
the Indian Parliament. (Marks 10)
5. “From One- Party dominance characteristic of the Party system, Indian Party system has become a
truly multi-party system.” Comment critically on the shifting paradigm of Party System keeping in
mind the trends of Coalitional Politics.
(Marks 10)
6. What are the main provisions of the 74th Constitution Amendment Act? Critically analyze the working
of the institutions of Urban Local Government as contributing to grassroots model of Indian
Democracy. (Marks 10)
7. “Corruption and Criminalization has corroborated the very dynamics of Indian Democracy. It has
become all pervasive as a menace to the stable fabric of the Indian Politics.” In the wake of this
statement, examine the challenges posed by these forces to the very core of Indian Democracy.
(Marks 10)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-V
Economics (Major)
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.
2. What are the causes of rural poverty in India? While describing poverty alleviation schemes, explain
how far these schemes have benefitted the poor? (Marks 10)
3. Discuss different indicators of development in the order of their importance and pinpoint where India
stands on each indicator of development. (Marks 10)
4. Write a note on Human Development Index (HDI) indicating its composition in detail. What is the
latest HDI value and ranking of India? (Marks 10)
6. While describing main provisions of National Legal Assistance Authority Act, discuss functions
and working of National Legal Assistance Authority ( NALSA).
(Marks 10)
7. Write short notes on any two of the following : (Marks 5×2=10)
a. National Food Security Bill, 2011
b. MGNAREGA
c. Legal Aid movement in India
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-V
Sociology (Major)
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.
2. How does culture influence interpersonal attraction and close relationship in this modern society?
Explain with suitable examples. (Marks 10)
7. How do social psychological factors contribute to stereotyping and prejudice? Provide a detail
analysis of this perspective. (Marks 10)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-V
Political Science (Major)
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.
2. How would you define disarmament? Briefly state the need for and obstacles to disarmament.
(Marks 10)
3. Write a note on the menace of global terrorism as a threat to international peace.
(Marks 10)
4. What do you mean by globalization? Explain its nature and impact on the world.
(Marks 10)
5. What are the basic principles of UNO? Make a critical evaluation of UNO as a world organization.
(Marks 10)
6. Analyse the origin, principles, objectives and impact of SAARC on international relations.
(Marks 10)
7. What do you mean by Foreign policy? Identify the basic principles of Indian Foreign policy.
(Marks 10)
*******
I.D. No. ___________________
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-I
Law of Contract-I
Max. Marks: 50 Time Allowed:3:00 Hrs.
Note: Student should attempt Question No.1 which is compulsory and any four of the remaining questions.
16. (a) Mr. John suffered a huge loss in his business and hence applied to a bank for a loan. The banker
declined to make the loan except at an unusually high rate of interest. Mr. John accepted the loan on
these terms. Whether Mr. John can rescind from the contract afterwards? Explain on the basis of
relevant provisions of Indian Contract Act, 1872 and the decided cases.
(Marks 3)
(b) What are the circumstances under which the object of a contract becomes unlawful?
(Marks 3)
(c) “A contract is not voidable merely because it was caused by one of the parties to it being under a
mistake as to a matter of fact”- Explain the effect of mistake in a contract.
(Marks 4)
17. (a) “A consideration need not be adequate but it must be real” – Explain this statement with the help
of relevant provisions. (Marks 3)
(b) An Agreement without Consideration is void. However there are certain agreements which are
valid even without a valid consideration- Explain
(Marks 4)
(c) Mr. Thomas threatens to file a case against Mr. Varkey if he did not enter into an agreement to
transfer a property in favour of Mr. Thomas. Discuss whether such an agreement to transfer is
violative under the Indian Contract Act, 1872.
(Marks 3)
18. (a) Mr. Mitra entered a contract with Shobha Builders in the month of January 2013 to construct a
multi-storied building in New Raipur. It was agreed that the construction would start on 2 nd March
2013. Meanwhile in the month of February the Government of Chhattisgarh imposed a ban on any
construction upto 31st March 2013. Shobha Builders claimed that the contract is frustrated- Discuss
whether doctrine of frustration is applicable. (Marks 2)
(b) What do you mean by Frustration of Contract? Discuss with the help of decided cases the various
circumstances under which Doctrine of Frustration is applicable in a contract. Also highlight the
limitations of doctrine of Frustration. (Marks 8)
I.D. No. ___________________
19. (a) What do you mean by Privity of Contract? Discuss various exceptions applicable to Privity of
Contract with the help of decided cases. (Marks 5)
(b) Explain the Rule laid down in Hadley v. Baxendale Case and its application under Indian Contract
Act, 1872. (Marks 5)
20. Discuss the essentials of ‘Coercion’ and ‘Fraud’ under Indian Contract Act, 1872 with the help of
decided cases. What are the effects of Coercion and Fraud in a Contract?
(Marks 10)
21. “One of the essential conditions for a valid contract is that, such agreements should not be expressly
declared to be void by law” – In the light of above statement discuss various agreements which are
specifically declared as void by the Indian Contract Act, 1872.
(Marks 10)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
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.
9. What is the meaning and concept of partition under the Mitakshara and Dayabhaga School of law?
Discuss the various modes of effecting partition. (Marks 10)
10. “The liability of a Hindu to maintain others arises in some cases from mere relationship between the
parties independently of the possession of property. In other cases it depends altogether on the
possession of property.” Elucidate.
(Marks 10)
11. Discuss the scheme of succession of the property of a Hindu male dying intestate under the Hindu
Succession Act, 1956? What will happen to the property of the intestate if there is no qualified heir to
succeed to the property? (Marks 10)
12. Define ‘Gift’. What are the essential requirements of making a valid gift? How a gift can be revoked?
(Marks 10)
13. Discuss the rights of a divorced Muslim woman to claim maintenance from her former husband under
the different sets of laws. Also refer to relevant cases.
(Marks 10)
14. What is the nature and concept of will? Discuss the essential conditions which are required to be
satisfied for making a valid will. Distinguish between shia and sunni law of will.
(Marks 10)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-V
Jurisprudence-I
Max. Marks: 50 Time Allowed:3:00 Hrs.
Note: Student should attempt Question No.1 which is compulsory and any four of the remaining questions.
9. Discuss the contribution of Rudolph Von Ihering to jurisprudence. Distinguish Ihering’s theory from
the theories of Bentham and Roscoe Pound. (Marks 3+7)
10. “The movement of progressive societies has hitherto been a movement from status to contract”.
Discuss Henry Maine’s theory of status to contract. Justify the above statement of Maine in the
context of Indian Society. (Marks 7+3)
11. “Law is not the arbitrary act of legislature but an unconscious response to the popular consciousness
of the people”. In the light of above statement, discuss Savigny’s theory of Volksgeist. Critically
examine whether the Indian Constitution reflects the Volksgeist of Indian people.
(Marks 7+3)
13. “………. the life of law has not been logic, it has been experience. The felt necessities of the time, the
prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the
prejudices which the judges share with their fellow men , have had a good deal more to do than the
syllogism in determining the rules by which men should be governed.” Explain the meaning of the
above statement with reference to the central tenet of American Realism. (Marks 10)
14. (a) Compare and Contrast the key features of Natural Law School and the Historical Law School.
(Marks 4)
(b) Explain, how various kinds of interests to are dealt with and satisfied through Law as per “Social
Engineering theory of Roscoe pound? (Marks 6)
I.D. No. ___________________
*******
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII & IX
CG- Compensatory Discrimination
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.
9. “The Reservation policy adopted in India in the last six decades has failed to promote social justice.
On the contrary it has led to social friction, conflict and disharmony. It has been called a case of right
goal wrong strategy.”
Critically examine this statement and suggest measures to protect the interests of socially,
educationally and economically backward classes of people.
(Marks 10)
10. In the view of the argument that there are rich and influential ‘Harijans’ who rob all the privileges
leaving the level sufferers as ever, the administration may well invoke and classify to weed out the
creamy layer of Scheduled Castes and Scheduled Tribes.
Do you favour the creamy layerisation among the Scheduled Castes and Scheduled Tribes as
it has been done in the case of SEBCs? (Marks 10)
12. “Half of the Indian population is women .Women has always been discriminated against and has
suffered and are suffering discrimination in silence. Self-sacrifice and Self-denial are their nobility
and fortitude and yet they have been subjected to all inequities, inequalities, indignities and
discrimination.”
In the light of the above statement, critically examine the special provisions and measures
taken by the government through legislations as well as gender sensitivity in judicial
pronouncements for protection of women. (Marks 10)
I.D. No. ___________________
13. “The State ‘X’ 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 Ninth
Schedule. ‘B’ challenges the law in the Supreme Court as violating his ‘Right to Equality’ and also
challenges the constitutional amendment as violating the Doctrine of Basic Structure.”
Discuss the validity of the said law and constitutional amendment with the help of
decided Cases. (Marks 10)
14. “The power to make laws has been expressly limited by the provisions of the ‘Fifth Schedule and the
Sixth Schedule’. The Parliament and the State Legislatures can do nothing beyond the limits which
circumscribe their power.”
In the light of the above statement, examine the legislative powers of Indian Parliament
and the State Legislatures in enacting laws for the administration and control of the Scheduled
Areas and Scheduled Tribes. (Marks 10)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII & IX
T&I-NRIT
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.
2. What is GATS? What is the role and contribution of India in the domain of trade in service? Analyse
the nature and effect of commitments and policies of India in the arena of foreign trade in services.
(Marks 10)
3. Write an essay on the regulation of foreign trade in India in the context of Foreign Trade
(Development and Regulation) Act, 1992. (Marks 10)
4. “Even after the introduction of SEZ Act, 2005, development and regulation of Special Economic
Zones in India are facing various policy and performance issues.” In the light of the above statement
discuss the SEZ Policy of India and analyse various issues and challenges involved in the
implementation of SEZ policy in India. How can these issues and challenges be addressed?
(Marks 10)
5. What are the reasons behind replacement of FERA with FEMA? What is the legal framework in India
relating to foreign exchange? (Marks 10)
6. Discuss the Law and Policy relating to regulation of foreign direct investment in India. To what extent
are these laws and policies helpful in the promotion of foreign investment in India?
(Marks 10)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII & IX
CLS-Corporate Reconstruction
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.
10. In this era of globalization it would be absolutely just and proper to state that, demergers have become
a fairly common term involved with corporate restructuring. They provide an opportunity to create
individual profit centers and investors in the company, increasing the wealth of the shareholders
thereby achieving mutual benefits from the entire process. But it is necessary to specifically lay down
that demergers should not result in defeating the revenue by way of transfer of assets. In other words
it means that Demergers should be treated as a business decision and not a step taken by the
companies as a part of tax planning or tax avoidance scheme.
Justify the above statement. In light of the above paragraph discuss the meaning of the words
‘Demerger’, ‘Undertaking’ and elaborate on the scope, kinds of Demergers in India. Critically talk
through the entire regulatory framework (Companies Act, 1956 and Income Tax Act, 1961) and the
procedural aspects governing Demergers in India with examples. (Marks
10)
11. Sec. 391 is a boon for corporate restructuring particularly in this current era. This section is wide
enough to include any reasonable compromise or arrangement and as a matter of fact, advantage has
been taken of this section to carry through schemes of the most varied nature. This section long with
Sec 394 has proved to be a major legislative blessing for corporate restructuring in various ways such
as amalgamation, merger of two or more companies.
Justify the above statement. Discuss the meaning of the terms ‘Compromise’, ‘Arrangement’
and ‘Class of Members and Creditors’. Critically analyse the nature, scope, and importance of these
sections (Sec.391 and Sec.394) in the field of corporate reconstruction. Refer cases in support of your
answer. (Marks 10)
12. A restructuring wave is sweeping the corporate sector the world over, taking within its fold both big
and small entities, comprising old economy business conglomerates and new economy companies as
I.D. No. ___________________
well. Mergers, amalgamation, acquisitions, consolidation and takeover have become an integral part
of the new economic paradigm.
Do you agree? In light of the above statement, discuss the meaning, relevance and extent of
the terms ‘Merger’, ‘Amalgamation’ and ‘Acquisition’. Explain the different kinds of Mergers and
Amalgamation and critically discuss the various human aspects and economic aspects, benefits arising
out of mergers and amalgamation in India. Do you find any distinction between ‘Merger’ and
‘Amalgamation’? (Marks 10)
14. A company can reduce its share capital “in any way”.
Do you agree? Explain the meaning and extent of the terms ‘Reduction of share Capital’ and
‘In any way’? Whether the interests of the creditors are also taken care of during the reduction?
Explain the principles governing the reduction, the reasons and the detail procedure for the reduction
of share capital by referring to the necessary provisions. Are there distinctions between reduction of
capital and diminution of capital? Analyse. (Marks 10)
*******
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII & IX
IPR-Patent Law
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.
3. Discuss the different provisions under the Indian Patents Act, 1970 dealing with the issue of
compulsory license. (Marks 10)
4. Discuss the attributes of a complete specification along with measures required for a biological
material which may not be described. Discuss the importance of claims as part of complete
specification and explain the effect of narrower or broader drafting of claims.
(Marks10)
5. Compare the grounds available under the post-grant opposition proceedings and the grounds available
for the revocation of patents under the Patents Act, 1970.
(Marks 10)
6. (a)Explain the rights of patentees as given under section 48 of the Patents Act, 1970.
(Marks4)
(b) Explain the relevant provisions under the Patents Act, 1970 dealing with the issue of anticipation
search for the purposes of scrutiny of an application for the grant of patents.
(Marks 6)
(b) “That which is protected is that which is specified and that which is held to be an infringement
must be an infringement of that which is specified”. Explain the given statement in the light of the
issue of infringement of patents. (Marks 4)
(c) Discuss the provision of Patents Act, 1970 related to the acquisition of inventions and patents by
the Central Government. (Marks 3)
I.D. No. ___________________
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
LL.M.
SEMESTAR-III
Corporate Reconstruction
Max. Marks: 50 Time Allowed:3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. What points does a Court consider before sanctioning a scheme of restructuring? Can the scheme be
modified after it has been so sanctioned? (Marks 12.5)
2. “The provisions of Sections 391 and 394 of the Companies Act, 1956 constitute a complete code of
the subject of amalgamation” Discuss the statement detailing the salient features of Sections 391 and
394 and explain the power of the court in sanctioning a scheme of amalgamation in the light of the
principles laid down by the Supreme Court in Mihir H. Mafatlal Industries Ltd. Support your answer
with some other relevant cases? (Marks 12.5)
3. What does the term ‘Bail out Takeover’ imply? “SEBI has formulated a comprehensive code for
takeover of listed companies” in order to cope with changing corporate affairs, Do you agree?
(Marks 12.5)
4. What do you mean by ‘demerged company’ and ‘resulting company’? Is demerger different from
reconstruction in concept? If so, how? (Marks 12.5)
*******
I.D. No. ___________________
ID. NO…………..
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-I
Economics
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.
2. Sonia is a rational consumer and her market basket contains food and clothing. She spends all her
monthly income on food and clothing. Use indifference curve analysis and explain why Sonia will
choose a market basket so that marginal rate of substitution (MRS) equals price ratios of food and
clothing. (Marks 10)
3. Explain the behavior of cost curves in short- run. Distinguish between AC and MC.
(Marks 10)
4. What do you understand by equilibrium of an industry? Discuss the conditions of short run price-
output determination under perfect competition. (Marks 10)
5. “Discriminating monopoly implies that monopolist charges different prices for his commodity from
different buyers.” Explain and illustrate using relevant graphs.
(Marks 10)
6. How reward of a factor (say labour) is determined by the firm where there prevails perfect
competition in market? (Marks 10)
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I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-III
Sociology (Major & Minor)
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.
16. Though, a number of theories have been advanced to explain the caste system in India but none
properly explains its origin. Discuss the controversies prevailing over the issue. Support your
arguments with suitable examples. (Marks 10)
17. The concept of “agrarian class structure” and “village settlement patterns” refers to the type of the
class structure that prevails in an agricultural society. Provide a detail analysis of Indian rural set up.
(Marks 10)
18. Radhakamal Mukerjee stress on the importance of values of understanding and toleration, moral
responsibility of the individual to the community and human responsibility, as he was a multifaceted
person, discuss the life sketch and his contribution towards the Indian society.
(Marks 10)
19. The Government of India and the various State Governments have taken up several measures towards
the land reforms under the five- year’s plans. Explain the various measures taken by the government
in promoting rural development. (Marks 10)
20. Define Caste and explain the changing structure of caste throughout the history of India.
(Marks 10)
21. Write short notes on any two of the following: (Marks 5×2=10)
a. Types of Peasant movement
b. Arya Samaj
c. Backward Class movement
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ID. NO…………..
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-V
Principles of Taxation Law
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.
2. (a) “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 above statement, discuss the relevant provisions of search and seizure as provided under
the Income Tax Act, 1961. (Marks 7)
(b) Discuss various income tax authorities as per the provision of the income tax laws in India, who
are involved in the process of search and seizure. (Marks 3)
3. (a) What is the procedure of computing the Net Annual Value of a house property which is let out
throughout the previous year? (Marks 5)
(b) Explain the concept of ‘Profits in lieu of Salary’ as mentioned under the Income Tax Act, 1961.
(Marks 5)
4. (a) Dinesh, an employee of a Private Company was drawing a salary of Rs 10,000 per month, retires
from his service and becomes entitled to receive pension of Rs 8,000 per month. He gets half of his
pension commuted to solemnize his daughter’s marriage and accordingly receives Rs 90,000/- as
lump sum payment. Henceforth, he will be entitled to a monthly pension of Rs 4,000/- per month.
Moreover, he is entitled to receive gratuity too. Compute the exemption available to Dinesh (if any),
under the specific provision of Income Tax Act, 1961 in respect of his commuted pension. What will
happen to his periodical pension? Explain. (Marks 6)
(b) Explain various kinds of Provident Funds prevalent presently in India .(Marks 4)
5. (a) Explain the concept of Tax Avoidance in India with the help of decided cases and
recommendation of various committees. (Marks 5)
I.D. No. ___________________
(b) Municipal value of a house is Rs 90,000, Fair rent Rs 1,30,000, Standard rent Rs 1,10,000 and
Actual rent received by owner is Rs 10,000 per month. The house property was let out for a period of
two months in the previous year 2011-12. Determine its Net Annual Value for the assessment year
2012-13. (Marks 5)
6. (a) While defining “block of assets” discuss the concept of depreciation allowance under the head
“Profits and Gains of Business or Profession”. (Marks 5)
(b) Discuss various expenditures which are allowed as deduction available under Sections 30 to 35
under the head “Profits and Gains of Business or Profession’.
(Marks 5)
7. (a) Discuss the concept of ‘deemed owner’ as provided under the head, ‘Income form House
Property’ of the Income tax Act, 1961. (Marks 5)
(b) Mr. Shyam is employed in XYZ Co. Ltd. on a basic salary of Rs. 25,000 per month. He is entitled
to a dearness allowance of 90% of his basic salary. Apart from this the company is giving HRA of Rs.
7,500 and fixed medical allowance of Rs. 3,000 per month to him. Mr. Shyam is staying with his
family in an accommodation on rent in Delhi and pays Rs. 10,000 per month as rent. Compute his
gross salary for the present financial year. (Marks 5)
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I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII & IX
CG-Federalism
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.
3. “Concept of Regulatory Measures and Compensatory Taxes do not attract Article 301 of the
Constitution of India.”
Critically analyze the above statement in the light of important decisions of the Supreme
Court of India on the subject. Also compare the provisions in Part XIII of the Indian Constitution with
the development of the Commerce Clause in the United States Constitution.
(Marks 10)
4. (a) What are the major changes brought about by the 73rd & 74th Constitutional Amendment Acts,
1992 in the structure and roles of the Panchayati Raj System and Urban local bodies?
(Marks 6)
(b) In the light of above changes a view is often expressed that the three levels of the district,
intermediate and village Panchayats within the Panchayat System clutter up the system and give
scope for friction and discord amongst each other. What are the means by which an organic linkage
can be best fostered between the Panchayats? Are any changes in this three tier system warranted?
(Marks 4)
5. (a) “Finance Commission is an expert body of non-political character.” Do you agree with this
statement? Substantiate your answer with reasons. (Marks 5)
(b) What do you understand by tax immunities? Explain the doctrine of inter-governmental tax
immunities. (Marks 5)
6. (a) Describe Co-operative federalism. Discuss the constitutional framework for facilitating the co-
operation between centre and states in Indian federalism.
(Marks 5)
(b) Discuss the various arrangements which are made under the Constitution of India to resolve the
Interstate Water Disputes. (Marks 5)
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I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII
T&I-NRIT
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.
9. “Free trade is very important for the economic development of developing countries. However there
must be fair trade along with free trade to ensure this” in the light of this statement discuss the
importance of foreign trade in India. What is the important regulatory and institutional set up in India
to ensure the freeness and fairness of International trade?
(Marks 10)
10. What is Dumping? When shall a country be authorized to impose anti-dumping duties on imported
goods? Discuss the law relating to antidumping in India.
(Marks 10)
11. What are SPS measures? What is a link between SPS measures and International Trade? Discuss the
law relating to SPS measures both at international and Indian context.
(Marks 10)
13. Do you think that export promotion schemes are good for the economy? Discuss the export promotion
schemes in India in the light of their compatibility with India’s obligations under the WTO.
(Marks 10)
14. Write short notes on any two of the following: (Marks 5×2=10)
a. India-Autos case (DS 146, 175)
b. US- Shrimp case (DS 343,345)
c. India- anti-dumping measures on certain products (WT/DS318/1, G/ADP/D56/1)
*******
I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII & IX
CLS-Corporate Finance
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.
16. New types of Securities are being introduced all the time to meet the needs of sophisticated investors.
Some of these securities get so complicated that it’s tough to define them as either debt or equity.
How do these securities determine the optimum mix of both debt and equity and also affect the value
of a Corporation? Discuss.
(Marks 10)
17. What do you understand by the term “Intermediaries”? Explain the role of the Merchant Banker in
issue management of a Corporation with the support of the relevant regulations of SEBI.
(Marks 10)
18. “Public Financial Institution plays a crucial role in corporate fund raising”. Discuss in light of powers
and functions of Public Financial Institutions. (Marks 10)
19. What do you understand by Equity Finance and Debt Finance? Which is more beneficial to a
Corporation while raising its funds to meet its financial requirements keeping in view the objective of
wealth Maximization? (Marks 10)
20. Underwriting adds to the issue’s strength. It shows that there are intermediaries who, after assessing
the risks, have decided to back the issue. Discuss with examples.
(Marks 10)
21. Write short notes on any two of the following: (Marks 5×2=10)
a. Credit Rating Agencies
b. Mutual Funds
c. Institutional Investors
d. Depository Receipts
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I.D. No. ___________________
Hidayatullah National Law University, Raipur
End Term Examination, November -2013
B.A.LL.B. (HONS.)
SEMESTER-VII & IX
IPR-Copyright
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.
(b) Discuss the copyright protection given to literary work in the Copyright Act, 1957. Whether
'database' fulfils the requirement to be called as a literary work? (Marks 5)
12. Explain the difference between Author of the work and owner of copyright. Do you think that the
provisions of the Copyright Act, 1957 sufficiently protect the interest of the Author? Justify your answer
with the help of relevant provisions and decided cases?
(Marks 10)
13. (a) Critically analyse applicability and relevance of ‘Sweat of the Brow’ doctrine in Indian scenario of
copyright. with Support your answer with relevant provisions and decided cases.
(Marks 5)
(b)What is infringement? State some acts which do not constitute the infringement of copyright.
(Marks 5)
14. Write short note on any two of the followings: (Marks: 5×2=10)
a. Role of Copyright Societies to protect copyright infringement.
b. Liability of internet service providers (ISPs) with reference to copyright.
c. Nature and extent of protection of ‘Broadcaster’s Right’.
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