Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VI Sem.

/ET/April-19/B&IL
Time - 03 Hours Max-Marks :- 70
April - 2019
Banking and Insurance Law
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. Discuss the provisions of the Banking Regulation Act, 1949 with regard to:
(a) Licensing of Banks in India and branch Expansion
(b) Moratorium and amalgamation of banks.
2. Explain the quantitative and qualitative method employed by the Reserve Bank of India
in order to make its credit policy effective.
3. “A contract of insurance is a contract of uberrimae fidei”. Explain the doctrine with
reference to the duty of disclosure of material fact by the insured to the insurer. Cite the
classical case of Carter v Boehm. (1766 AII ER).
4. Explain how subrogation supports the Principle of Indemnity and what rights insurers
have on being subrogated? Is/Are there any exceptions and limitations on the doctrine of
subrogation? Cite the case law, if any.
5. Differentiate between the ‘holder’ and ‘holder in due course’? What are the rights and
privileges available to a ‘holder in due course’?
6. Discuss the concept and salient features of ‘third party insurance’. Give relevant
provisions and case law, as the need be.

(SECTION – B) (02X05)
Write short notes on:
7. Insurance Contracts have distinct legal characteristics which distinguish them from other
Contracts. Comment.
8. Banker’s obligation to maintain the secrecy of customer’s account is not absolute.
Discuss.
9. Assignment V. Negotiation.
10. Smurfing.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-19/CL
Time - 03 Hours Max-Marks :- 70
April - 2019
Corporate Law
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)

1. Balmy Ltd. an Indian company incorporated in 2013 has been established for opening
and running wellness centres in the beach cities of India. Relicious Pvt. Ltd. is the
wholly owned subsidiary of Balmy Ltd., incorporated in 2018 to run food joints in the
wellness centres established by Balmy. After the incorporation of Relicious, many of the
prime real estate properties including a luxury resort in Goa, owned by Balmy have been
transferred to Relicious. However, due to certain regulatory problems, Relicious is yet to
start functioning. In the meanwhile, Mr. Aseem Augusta, who has 85 percent
shareholding in Balmy Ltd., is going through an acrimonious legal battle with Ms.
Alvina who divorced him in 2017 and is demanding alimony. Ms. Alvina has
approached you for legal advice on the following issue: Would the real estate assets
owned by Balmy Ltd, including those which were subsequently transferred to Relicious,
be taken into account for the purposes of the calculation of the alimony.
Prepare a detailed advice for Ms. Alvina taking into consideration legal provisions and
judicial pronouncements.

2. (a) Ms. Ruhi is finalizing the Memorandum of Association of her soon to be incorporated
public company named Mirage Ltd. The object clause in the Memorandum of
Association runs as follows- “the company may engage in any lawful act or activity or
business to pursue any object in accordance with the law for the time being in force”.
Before filing the Memorandum of Association with the Registrar of Companies, Ms.
Ruhi seeks your legal opinion on whether the objects clause of the MOA satisfies the
requirements of the Companies Act, 2013. Write a reasoned legal advice for Ms.
Ruhi.
(b) Can third parties enforce pre-incorporation contracts against companies in India?

3. (a) What are hybrid securities? Can SEBI regulate hybrid securities in India?
(b) Preference shares are not only a useful means of raising capital for shareholders of
the company who do not want to lose control, they are valuable for investors
primarily interested in corporate profits. Explain this statement with the help of legal
provisions on preference shares.

4. (a) What is an Associate company? As per S.2(87) of the Companies Act, 2013 “such
class of holding companies as may be prescribed shall not have subsidiaries beyond such
numbers as may be prescribed”. Explain the provision.
(b) What is the doctrine of constructive notice? Distinguish between entity shielding and
owner shielding.

5. Elixir Ltd, a company in the pharmaceutical business was incorporated under the
Companies Act, 1956. The issued share capital of the company is INR 100,00,000. Since
the last couple of years, the company’s profits are on the decline owing to the animosity
between its share holders. Of them, Ms. Naziha owns preference shares of the company
worth INR 10,00,000 and equity shares worth INR 30,00,000 while Mr. Rohinton Mistry

P.T.O.
 with some of his family members has 50 percent shareholding in the company. Both Ms.
Naziha and Mr. Mistry are Directors of the Company. In the past few months, many of
the resolutions proposed by Ms. Naziha have been outvoted by the Company. Very
recently, the company has removed two independent Directors who were said to be not
on very good terms with the Mistry family. Considering the circumstance, Ms. Naziha
seeks to know the legal options available to her so that her interest in the company is
sufficiently protected. You are a renowned legal expert on corporate disputes.
Accordingly, advise Ms. Naziha in view of the legal provisions and judicial
pronouncements.

6. In the last decade, India has witnessed a series of corporate scams and yet the corporate
governance standards in the country leave much to be desired. Critically evaluate the
statement elaborating on the importance of corporate governance for a country like India.

(SECTION – B) (02X05)

7. Distinguish between rights issue and private placement.

8. What is a one person company?
9. How are Directors of a company appointed?
10. Write a short note on Corporate Social Responsibility in India.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-19/DP&C
Time - 03 Hours Max-Marks :- 70
April - 2019
Drafting of Pleadings & Conveyancing
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. Discuss the main objectives of pleading and explain the fundamental rules of pleading in
civil suit.
2. What are the different types of amendments of pleading? “Amendments of one’s own
pleading cannot be claimed as a matter of right” explain with the help of case law.
3. A case of cheating has been registered against “A” and A was arrested and sent to jail.
Draft a petition seeking bail for A.
4. What are the essential components of a deed? Draft a gift-deed on behalf of X in favour
of W where X wishes to gift his movable and immovable properties to W his daughter
on her marriage. Draft a petition for dissolution of marriage and divorce under section 13
(1) B of Hindu Marriage Act, 1955.
5. Draft a criminal complaint for A, who wanted to register a F.I.R. against B for wrongful
confinement but failed.
6. X has filed a suit before the Civil Judge (Senior Division) for permanent injunction
against A, B & C from interfering in any manner in the peaceful possession of the suit
property. However he is in apprehension that he may be forcibly evicted from the
property during the pendency of a civil suit. Draft pleadings for the protection of X
during the pendency of a suit.

(SECTION – B) (02X05)
Write short notes on:
7. Draft a notice to be served by a landlord on his tenant, terminating his tenancy and
asking to vacate the lease premises.
8. What defenses can be taken by the defendant in his written statement?
9. Discuss the term “material facts” and “mis –joinder” and “non- joinder “of parties’ in
civil proceedings.
10. X, aged 25years, who is residing in Canada, wants to give power of attorney to Y, his
friend regarding sale of his property located at Lucknow. Draft a Power of Attorney.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-19/EL
Time - 03 Hours Max-Marks :- 70
April - 2019
Environmental Law
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. (A) Critically examine the application of PIL as mechanism in the hands of citizen for the
protection and improvement of the wholesome environment in India.
(B) Write a detailed note on Vellore Citizens welfare Forum V. Union of India (AIR 1996
SC 2715) with regard to Environmental Protection in India.
2. ABCL Corporation is discharging enormous quantities of highly toxic untreated effluent
which has caused grave damages to the adjoining villages. It poisoned the river, ground
water, earth and everything that came into contact with it and cause serious disease and
even death in the villages. Wide scale protests done by villagers and leading to imposition
of S.144 Cr.p.c by the District Magistrate. The Court took notice of the news item
published in the news papers. Decide.
What judicial remedies are available to the villagers? Discuss the principles of
environmental law applicable in the situation with the help of decided cases.
3. Justice Arijit Pasayat in the landmark case of T.N. Godavarman Thirumalpad opined,
"By destroying nature, environment, man committing matricide, growth of industries,
economical gains have led to the depletion of natural resources irreversibly." Justify this
statement in the light of the existing specific statutes.
4. What is environment and what are its components? Critically analyze the feminist and
third world approaches to environment.
5. Justice V.R. Krishna Iyer lamented in Municipality Council ,Ratlam V. Vardichand
(1980) 4 SCC 162 “ One wonders whether our Municipal bodies are functional
irrelevances banes rather than boons and ‘lawless’ by long neglect , not leaders of the
people in local self-government. It may be a cynical obiter of pervasive veracity that
municipal bodies minus the people and plus the bureaucrats are the bathetic vogue – no
better than when the British were here” comment.
6. Discuss Public trust Doctrine in the light of M.C Mehta v. Kamal Nath.(1997)1 SCC 38.

(SECTION – B) (02X05)
Write short notes on:
7. The Precautionary Principle.
8. The two important principles of Stockholm Declaration. Point out its availability under
the Indian Constitution.
9. Subash Kumar V.State of Bihar (AIR 1991SC420).
10. Define Climate Change.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-19/LL
Time - 03 Hours Max-Marks :- 70
April - 2019
Labour Law
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. Avas Vikas Sansthan (AVS) was a registered society established under the scheme
formulated by the Housing and Urban Development Corporation, Uttarakhand. As AVS
was incurring heavy losses, it terminated the services of 48 employees who worked as
daily wagers and other permanent employees of AVS remained unpaid since 1.12.2012.
The plight of extreme hardship of the employees got published in a leading newspaper
and the matter was brought before the Supreme Court by way of a writ petition. The state
of Uttarakhand denied its liability on the grounds inter alia that the salaries of the
employees are paid by the said corporation and the financial stringency of the State. It
also tried to shift the liability to the Union of India holding it vicariously liable. Argue the
case on behalf of the petitioner and discuss the constitutional obligation of state vis a vis
protection of socio democratic rights of labour.
2. Discuss the sustainability of the lay off/retrenchment compensation claim in the following
cases:
I Mr. X, a workman, remained absent from duty even after repeated letters. His
absence necessitated removal of his name from the muster roll of the undertaking.
Mr. X is claiming retrenchment compensation.

II An employee was appointed for a fixed period and the services of the employee
got terminated before the expiry of the period of contract in pursuance of a
stipulation contained in the contract that the services could be terminated even
before the expiry of the contract. The sole reason for the termination was the
incompetence of the employee to perform the job assigned. The employee is
claiming retrenchment compensation under the relevant provision of the Industrial
Disputes Act, 1947.

III The Associated Cement Companies were the owners of the Chaibasa Cement
Works and Rajanka Limestone quarry, both situated in the same place, about a mile
and half apart. Limestone is the chief raw material needed for the manufacture of
cement. The union of workers went on a strike and all the conciliation efforts
failed. Consequently, the management closed down some parts of the cement works
because of the shortage of limestone and laid off certain workers. The workers
union demanded for lay off compensation for the laid off workers.

3. During the pendency of proceedings before the industrial tribunal the management
terminated the services of two employees who allegedly refused to enter into a settlement
under section 18 of the Industrial Disputes Act, 1947. Both the employees filed a
complaint before the industrial tribunal for violation of the legislative requirement for the
termination and sought to declare the termination invalid. The industrial tribunal
dismissed the complaint and consequently an industrial dispute was raised. The
appropriate government refused to make a reference of the dispute for adjudication on the
ground that the dismissal of the complaint holding termination was justified. Aggrieved
by this order, the employees concerned filed a writ petition before the High Court.

P.T.O.
 The single judge of the court dismissed the writ petition on the following grounds: the
workmen could not avail of two opportunities for the same relief and the complaint before
the tribunal having been adjudicated the award would operate as res-judicata. Discuss the
validity of the writ order of the High Court.

4. Discuss the efficacy of the dispute resolution mechanism of industrial adjudication in

India.
5. The Bombay Municipal Corporation runs a public utility transport service in Greater
Bombay and the said transport service is managed by a Committee known as the Bombay
Electricity Supply and Transport (B.E.S.T.) Committee. The Undertaking owns a number
of buses and the Corporation employs staff, including bus drivers, for conducting the said
service. One P. Nanu Raman was one of such bus drivers employed by the corporation. A
bus driver has to drive a bus allotted to him from morning till evening with necessary
intervals, and for that purpose he has to reach the depot concerned early in the morning
and go back home after his work is finished and the bus is lodged in the depot. Rule 19 of
the Standing Rules of the B.E.S.T. permits a specified number of the traffic outdoor staff
in uniform to travel in a bus without payment of fares. Having regard to the long
distances to be covered in a city like Bombay, the statutory right conferred under the rule
is conducive to the efficiency of the service. On March 20, 2019, the said Nanu Raman
after finishing his duty left the bus at the depot and boarded another bus in order to go to
his residence at Santacruz. The said bus collided with a stationary lorry parked on the
roadside near Erla Bridge, Andheri. As a result of the said collision, Nanu Raman was
thrown out on the road and succumbed to the fatal injuries. His widow filed an
application in the Court of the Commissioner for Workmen's compensation, Bombay,
claiming a sum of Rs. 6,50,000/- as compensation by reason of the death of her husband.
Discuss the liability of the employer under the Employees’ Compensation Act, 1923.

6. It goes without saying that labour market liberalization is likely to augment employment
flexibility, skill development and job creation on a wide scale. However, free market
evangelists put excessive emphasis on the amendments in labour laws enabling the
employer to hire-fire and regulate the terms and conditions of the employment of the
working population according to exigencies of emerging market scenarios. Such extreme
position, as argued many a time, is not only misplaced but also a major roadblock in
converting labour reforms as a foundation of competitiveness in manufacturing and
service sectors. In the light of the above, discuss the issues and challenges of labour
reforms in India.

(SECTION – B) (02X05)
Write short notes on:

7. The different modes of recovery of the employer/employees’ contribution under the

Employees State Insurance Act 1948.
8. The impact of special economic zone on labour rights.
9. The workers’ participation in the management of working place.
10. The public utility services vis a vis workers’ right to go on strike.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-19/LOP-II
Time - 03 Hours Max-Marks :- 70
April - 2019
Law of Property-II
Note: - I. The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
II. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two) questions from Section - B.
III. Figures in the margin indicate the Marks.

(SECTION – A) (04X15)
1. (i) How do you define sale? Elaborate the essential elements of sale with reference to the
statutory provisions under the Transfer of Property Act, 1882.
(ii) X sells property to Y for INR 10 lacs. The sale is subject to a mortgage of INR 4 lacs
and the market value of the property is INR 14 lacs. After the sale it is discovered that the
mortgage is invalid. X sues Y to recover INR 4 lacs. Shall he be able to recover the
money? Decide stating the statutory provisions and decided cases in his regard.
2. 'The Equity courts in England have struggled hard to keep the equity of redemption intact
by developing the doctrine of clog and fetter.' Elaborate with reference to statutory
provisions and case law on the point.
3. Define lease. What are the essential elements of a valid lease? Explain the circumstances
in which a lease may be terminated.
4. Discuss the doctrines of marshalling and contribution. Explain the inter-relationship
between marshalling and contribution as provided under the Transfer of property Act.
5. Define gift and discuss the essentials of a valid gift. Can a gift be suspended or revoked?
If yes, under what circumstances?
6. Distinguish between:-
(i) mortgage by conditional sale and sale with a condition for repurchase.
(ii) lease and license

(SECTION – B) (02X05)
Write short notes on:
7. English mortgage.
8. Define onerous gift and universal donee. Illustrate giving suitable examples.
9. Tenancy-at-sufferance and tenancy-at-will.
10. Doctrine of tacking.
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