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Enrollment No:.…………………. DR. RMLNLU, LKO B.A.LL.B./VIISem./2016-17/E.T./.L.o.T.

-I

Time - 03 Hours Max-Marks :- 70


November-2016
Law of Taxation-I
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

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(SECTION – A) (04X15)
1. “Chapter V of the Income-tax Act, 1961, is designed to discourage the tendency of the
taxpayer to avoid or reduce his tax liability by disposal of part of his property in such a
way that the income should no longer be receivable by him, while at the same time he
retained certain powers over, or interest in, the property or its income”. Discuss in detail
the situations where clubbing of income shall apply with the leading cases.
2. Determine the chargeability of tax on the sale of Agricultural Land along with the
produce “luffa pentendra” having market in England. Supposing the produce was sold for
Rs 5,00,000/- and expenditure of Rs 2,00,000/- was incurred by transferee. Give reasons
in support of your answer along with cases for treatment of income under Capital Gain
and Agricultural Income for the transferee/transferor.
3. “There is thin line of difference between diversion of income by overriding the title and
application of income.” Discuss in light of leading cases.
4. “The Income Tax Act, 1961 is a complete code in itself as to cover all aspects of income
and same is supported by Sec 56”. Discuss in light of the cases.
5. Discuss the relevant provisions for treatment of income under the head PGBP and House
Property with cases. Under what conditions the income earned by Company, will be
treated as income from house property, explain with cases.
6. Discuss the conditions/sections for treatment of income under the head of salary along
with cases.

(SECTION – B) (02X05)
Write short notes:
7. Resident and Ordinary Resident
8. Objective behind Sec 14A with the case law.
9. Decide, whether clubbing of income shall apply or not in following cases:
Scenario-1
Mr. K gifted Rs. 1,00,000 to his wife, she purchased debentures from the gifted money
and earned interest of Rs10,000.
Scenario-2
If Mrs. K purchases bonds worth Rs. 10,000 and earned Rs. 1,200 as interest on these
bonds.
10. Capital Expenditure and Revenue Expenditure

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Enrollment No. ……………………….. DR. RMLNLU, LKO B.A.LL.B./VIIthSem./2016-17/ET/IPR-II

Time - 03 Hours Max-Marks :- 70


November-2016
Intellectual Property Rights Law-II
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
1. The claimed invention was directed to a learning device to help young children read
phonetically. The claim read as follows:
An interactive learning device, comprising:
a. A housing including a plurality of switches;
b. A sound production device in communication with the switches and including a
processor and a memory;
c. At least one depiction of a sequence of letters, each letter being associable with a
switch; and
d. A reader configured to communicate the identity of the depiction to the processor,
Wherein selection of a depicted letter activates an associated switch to communicate
with the processor, causing the sound production device to generate a signal
corresponding to a sound associated with the selected letter, the sound being determined
by a position of the letter in the sequence of letter.
Can the claimed invention been deemed to have been obvious in view of the
combination of two pieces of prior art, (1) Prior Art 1 (which showed an electro-
mechanical toy for phonetic learning), (2) Prior art 2 (an electronic reading toy), and the
knowledge of one of ordinary skill in the art?
2. Examine the extent of experimental use defence in view of the permitted flexibilities
under the TRIPS Agreement.
3. Explain the conditions which negative the registration under the Designs Act. Also
examine the permissibility of registration of following under the Designs Act:
a. Optical contact lense;
b. A designation of origin;
c. Gambling device; and
d. A swimsuit which offers least resistance to water.
4. Examine the concept of inevitable disclosure doctrine under the trade secrecy law.
5. Examine the validity of a covenant in the employment contract placing post-employment
absolute restrictions upon the ability of an employee to seek employment with the
employers competitors.
6. Examine the interface between the design and trade-marks with relevant case laws.
(SECTION – B) (02X05)
Write short notes on any two of the following:-
7. Examine in brief the constitutional validity of Section 3 (d) of the Patents Act.
8. What is meaning of an article under the law of designs?
9. Discuss the concept of originality under the topography law of India.
10. Discuss the merits and demerits of the provision regarding extant variety under PVPFRA.

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Enrollment No. …………………… DR. RMLNLU, LKO B.A. LL.B./VIIthSem./2016-17/ET/LRW (A)
Time - 03 Hours Max-Marks :- 70
November-2016
Legal Research and Writing
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Write a detailed note on the recent trends in legal research.
2. Discuss the importance of research design in legal research.
3. Interview technique is a tool of data collection in research. Explain its different types
used by the researchers.
4. Is sampling important in legal research? Discuss elaborately.
5. “Literature review is an important step in any research”. Support your answer with
illustrations.
6. How has data to be organized for analysis and interpretation to conclude the research?

(SECTION – B) (02X05)
7. Write down the types of studies opted for by the law researcher.
8. What types of questions should be included in the interview method?
9. What are the contents of legal research report?
10. How should a topic for research be selected?

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Enrollment No. …………………. DR. RMLNLU, LKO B.A. LL.B./VIIth Sem./2016-17/ET/LRW (B)

Time - 03 Hours Max-Marks :- 70


November-2016
Legal Research and Writing
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Define “Sampling Method”. Explain various types of sampling with the help of examples.
2. How is a research problem identified? Elaborate the criteria for Identification and
formulation of a research problem. Point out the advantages and precautions taken before
identification.
3. Discuss Legal Research Design with appropriate illustration(s).
4. What are the different types of Legal research? Write a note on computer assisted legal
research.
5. Define Hypothesis .What is the significance of hypothesis in socio- legal research .Justify
your answer with examples.
6. Explain Interview Method as a mode of data collection. What is the difference between
Schedule and Questionnaire Method?

(SECTION – B) (02X05)
7. Write short note on any two of the following:
Case-study Method
Or
Observation Method
Or
Survey Method.
8. Define Projective Techniques as a method of data collection.
9. “Legal Research report as a technical activity requires skills and patience from the
Researcher”. Justify this statement.
10. After the data is collected, how is it analyzed? Explain the steps involved in analysis and
interpretation of data in research work.

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Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./VIIth Sem./2016-17/ET/Envt. L. (A)
Time - 03 Hours Max-Marks :- 70
November - 2016
Environment Law
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Define “Environment” under the Indian Law. What are the judicial remedies under the
Indian legal system to protect the environment?
2. Write a critical note on Sustainable Development.
3. What are the salient features of Environment (Protection) Act, 1986? Do you think that
this legislation was an improvement over the then existing legislations?
4. State the facts, contentions of parties and decision of the case M. C. Mehta v. Union of
India AIR 1987 SC 965 and also state the principle of law laid down in this case.
5. Write a note on law relating to forest conservation in India.
6. Explain the role of Judiciary in protecting the environment through Public Interest
Litigation.
(SECTION – B) (02X05)
7. Precautionary Principle
8. Polluter Pay’s Principle
9. Right to Wholesome Environment
10. Environment Impact Assessment

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Enrollment No. ……………… DR. RMLNLU, LKO B.A.LL.B./VII thSem/2016-17/ET/Envt. L. (B)
Time - 03 Hours Max-Marks :- 70
November - 2016
Environmental Law
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Trade and business at the cost of disrupting life forms cannot be permitted. Discuss in
the light of the Ivory Traders case and also the Manufacturers Association case.
2. Discuss the leading cases related to tanneries in India.
3. How far environment protection is a constitutional obligation of both state as well as
of citizens. Explain.
4. Write a note on Public Liability Insurance Act.
5. Discuss the evolution of International Environmental Law.
6. Forest Rights Act is yet to achieve major milestones. Discuss.

(SECTION – B) (02X05)
Write short Notes:-
7. Net Present Value.
8. Protected Areas.
9. Environment and Ethics.
10. Sustainable Development Goals.

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Enrollment No. ……………………… DR. RMLNLU, LKO B.A. LL.B./VIIth Sem./2016-17/ET/ITL (A)
Time - 03 Hours Max-Marks :- 70
November - 2016
International Trade Law
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Write a detailed note on dumping and antidumping laws with the help of case law.
2. United Kingdom (UK) has started special trade program with Japan, US and France
concerning the sale of sausages used for different types of recipes. Sausages imported into
UK are subject to same tariff and duties required by UK commitment. However once all
custom duties are paid, sausages from these three countries were entitled a rebate of 40 %
on all sales and excise taxes. China, one of the major exporter of sausages in UK, argues
that this tax rebate law countries, is in violation of Art. I of GATT and discriminatory
treatment towards China. Discuss the issue with the help of case law.
3. Write a detailed note on barrier to market access with the help of case law.
4. Australian Department of Commerce has imposed countervailing duty on certain products
that were coming from Germany, governing the treatment of subsidies provided to state-
owned companies later privatized. Australian government still continued the imposition
of countervailing duty on products even if the companies were privatized. Germany
challenges the imposition of countervailing duty. Decide the issue with the help of case
law.
5. USA has liquor tax law that established a system of internal taxes applicable to all types
of alcoholic beverages at different rates depending on which category they fell in. The tax
law at issue taxed wine, which in USA was a domestic product, at lower rate than other
liquors such as gin, genever, rum, whisky and brandy. It has been challenged by Canada
and EU, major importers of liquor in USA. Decide the issue with the help of case laws.
6. “DSU is one of the greatest achievements of international community since Bretton
Woods”. Critically analyse the given statement and highlight the major flaws regarding
dispute settlement under GATT. Discuss the position of developing countries in WTO
dispute settlement.
(SECTION – B) (02X05)
Answer any two :–
7. Modes of supply of services and GATE.
8. Remedies available to the seller under the Sales of Goods Act, 1979.
9. EXW contract
10. Theories of trade law

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Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./VIIth Sem./2016-17/ET/I.T.L. (B)

Time - 03 Hours Max-Marks :- 70


November-2016
International Trade Law
Note: - I. The question paper is divided in 2 parts i.e. Section-A and Section-B.
II. The Examinee is required to attempt 4 (four) questions from Section-A and 2 (two) questions from Section-B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. (a) World Trade Organization has often been castigated for being oblivious to
environmental concerns. Evaluate the legitimacy of the criticism in the light of the
Agreement establishing the World Trade Organization, provisions in GATT, 1994 and
Appellate Body rulings.
(b) Wave of protectionist trade measures during Great Depression laid the foundation for
Bretton Woods Institutions and were also the impetus behind GATT, 1947. Critically
evaluate the statement.
2. Distinguish between conditional and unconditional MFN. Country Happyland enacted the
National Automobiles Incentive Legislation, 2014. Pursuant to this legislation, sales tax on
passenger cars was made dependent on local content levels. If the local content level was
more than 60%, there was no sales tax liability. Is Happyland’s measure consistent with
GATT, 1994? Discuss in the light of WTO rulings.
3. Greenland, a developed member country of WTO, initiates a scheme of Generalized Tariff
Preferences for developing countries under Greenland (Developing Countries) Incentive
Policy, 2016. The tariff benefits under the policy are granted to 20 developing countries of
WTO. The policy does not specify any mechanism or yardstick on the basis of which
developing counties are chosen as beneficiaries under the Policy. Indica is a developing
member country of WTO but Indica has not been chosen under the scheme. Indica
approaches the WTO panel. As a member of the WTO Panel, give your opinion on the
following:
a. Is Greenland’s policy inconsistent with Article I of GATT, 1994?
b. Is Enabling Clause an exception to Article I of GATT 1994?
c. What is the burden of proof on Indica?
d. Is Greenland’s policy justified under the Enabling Clause?
4. (a) How specificity works under the SCM Agreement?
(b) “The accordion of likeness stretches and squeezes in different places as different
provisions of WTO Agreement are applied”. Comment.
5. (a) In United States- Anti Dumping Measures on Certain Hot Rolled Steel Products from
Japan, WT/DS184/AB/R, certain aspects of USA’s calculation of normal value were
held to be inconsistent with the relevant legal provision of WTO. Explain the reason.
(b) In European Communities- Anti Dumping Duties on Imports of Cotton-Type Bed Linen
from India, WT/DS141/AB/R, India successfully challenged the calculation of
constructed value. What was the flaw in the methodology adopted by the European
Communities?
6. (a) Article XXIII of GATT, 1994 lays down three different causes of action for recourse to
WTO dispute settlement. Discuss each of them in detail. What are the remedies
available for breach of WTO law?
(b) Critically evaluate the concept of ‘Sequencing Problem’ under the Dispute Settlement
Understanding of the WTO. Define cross retaliation.

P.T.O.
(SECTION – B) (02X05)
7. Distinguish between absolute advantage and comparative advantage.
8. Write short note on Precautionary principle under the SPS agreement.
9. Tariff Rate Quotas.
10. Article XXIV of GATT, 1994 and tension between regionalism and multilateralism.

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