Roll No……………………………. DR. RMLNLU, LKO B.A.LL.B./VI Sem./2014-15/E.T./D.P.C.

Time - 03 Hours Max-Marks :- 70

April - 2015

Drafting, Pleading & Conveyance

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. Pleadings are the statement in writing made by the parties and the sole object of it is that,
“each side may be duly arrive to the questions, that are about to be argued, in order that
they have an opportunity of bringing forward such evidence as may be appropriate to the
issue”. Examine this statement with help of civil procedure code and fundamental rules of
pleadings and also explain exceptions to the rules.
2. Once pleadings have been submitted in the civil court how the same could be amended in
subsequent stages, explain the procedure?
3. A case has been registered against Mr. A, who is an engineer by profession, under section
406, 498-A, 322, 505 and 506 of the Indian Penal Code for cruelty and threatening to life by
his wife vide F. I. R. No. -25/2014 in police station Hazratganz. Mr. A was arrested by the
police on 10/02/2014 and is in jail since then. Draft an Appropriate bail application on behalf
of Mr. A.
4. A hands over the rents bill of property to his servant B for recovering the rent B recovers the
rent but instead of handing over the amount to his master utilizes it in paying his own debts,
A wants to prosecute B. Draft a complaint for A, choosing your own necessary facts.
5. Draft a plaint in a suit for wrongful dismissal. Assume facts and dates as you deem necessary
over and above the following facts. A and B agreed that A should serve B as accountant in B’s
company for a period of five years on a monthly salary of Rupees 5000 for this service. While
A is willing to work and continues in the service for whole period. B dismissed him at a date
early in the second year of the service.
6. What is conveyance? Discuss the components of the deed in brief.

(SECTION – B) (02X05)

7. Draft an appeal under section 96 of CPC.

8. Draft a notice for eviction on behalf of Landlord to the tenant under section 106 of Transfer
of Property Act.
9. Write an interlocutory application requesting for granting of temporary injunction in a
declaratory suit between A and B with respect to a house property situated at, House no. 35,
LDA colony Lucknow.
10. Draft a special power of attorney to execute a sale of house.

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Roll No……………………………. DR. RMLNLU, LKO B.A.LL.B./VI Sem./2014-15/ET/Cor.L.-II

Time - 03 Hours Max-Marks :- 70

April - 2015

Corporate 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 concept of limited liability partnership is a salutary means for better organization of
business”. Evaluate this statement with help of liability of the partners and find out the
difference between private companies and limited liability partnership.
2. Write a detailed note on anti-competitive agreements with special reference to cartelizations.
3. ‘The modern approach is shifted from that of conservation of foreign exchange to one of
facilitating trade and payments as well as developing orderly foreign exchange market”. Critically
evaluate this statement.
4. “Dominance is defined as the ability of an enterprise to operate independently of market forces
and enables it to affect competitors or consumers or the relevant market in its favour”. Analyze
this statement with the help of case law.
5. What are the different techniques of acquiring a control over the assets of a Corporation?
Discuss the provisions of the Companies Act, 2013 relating to takeover of a Company by
acquisition of its shares. Also discuss the rights of the shareholders dissenting to the scheme of
acquisition.
6. “In India we have followed a hybrid mix of Debtor-in- possession and Trustee models of
bankruptcy rescue mechanism.” In the light of the above statement, trace the development of
bankruptcy law regime in India.

(SECTION – B) (02X05)

7. Write a short note on competition advocacy.

8. Types of account maintained by NRIs.
9. Winding up by Court.
10. Meetings of the Company’s shareholders.

…………………………………
 DR. RMLNLU, B.A.LL.B./VI Sem./2014-15/ET/C.o.C.P. &
Roll No…………………………….
L.A.
LKO
Time - 03 Hours Max-Marks :- 70
April - 2015
The Code of Civil Procedure and Limitation Act
Note: - IV. The question paper is divided in 2 parts i.e. Section - A and Section - B.
V. The Examinee is required to attempt any 4 (four) questions from Section - A and any 2 (two)
questions from Section - B.
VI. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Discuss the jurisdiction of civil court in the light of section 9 of the Code of Civil
Procedure, 1908. How can an objection of jurisdiction be dealt with under the Code?
2. What is Ex Parte Decree? Discuss the remedies available in the Code of Civil
Procedure for setting aside Ex parte decree against defendant.
3. What is meant by ‘Attachment’ and ‘Temporary Injunction’? Describe the provisions
governing for grant of Temporary Injunction under the Code of Civil Procedure.
4. What is Memorandum of Appeal? Discuss the various powers of the Appellate Court.
5. What is Execution? What are the various modes of Execution? Discuss any four
practical modes of Execution with the help of factual examples/decided cases.
6. “Mere proof of the sufficient cause for not filling the proceeding under prescribed
period does not under section 3 of the Limitation Act 1963 ispo facto compel the court
to extend the time. Extension of time is a matter of concession and cannot be claimed
as a matter of right.” Discuss this statement in the light of statutory provisions and the
leading case law.

(SECTION – B) (02X05)
7. Compare Legal set off with Equitable set off.
8. What is the importance of section 89 C.P.C.?
9. What do you mean by Cross Objection?
10. Explain the relationship between res judicata and foreign judgment.

………………………..
Roll No.…………………………… DR. RMLNLU, LKO B.A.LL.B./VI Sem./2014-15/ET/Admin. L

Time - 03 Hours Max-Marks :- 70

April - 2015

Administrative Law
Note: - VII. The question paper is divided in 2 parts i.e. Section - A and Section - B.
VIII. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section
- B.
IX. Figures in the margin indicate the marks.

(SECTION – A) (04X15)

11. What do you understand by Administrative Law? With the help of various definitions given
by the scholars, discuss the Nature and Scope of Administrative Law and in brief describe the
relationship between Constitutional Law and Administrative Law.
12. What is Delegated Legislation? Point out the different control mechanisms of Delegated
Legislation. While referring the decided cases explain the Judicial Control in detail.
13. Discuss in brief, the general principles of Public Law Review.
“Any person who occupies or usurps an independent public office or franchise or liberty is
asked to show by what right he claims it, so that the title to the office, franchise or liberty
may be settled and any unauthorized person ousted.”
Which Writ does this statement refer? With the help of relevant cases discuss in detail
about such Writ.
14. Discuss the different basis of Right to Information, and critically examine the Right to
Information Act, 2005.
15. Explain the doctrine of Separation of Powers in detail. Up to what extent this doctrine has
been adopted in Indian legal system.
16. Critically examine The Lokpal and Lokayuktas Act, 2013. Do you agree that this institution
will prevent the corruption?

(SECTION – B) (02X05)

17. Audi Alteram Partem.

18. Administrative Tribunal.
19. Speaking order.
20. Central Vigilance Commission.

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Roll No…………………………... DR. RMLNLU, LKO B.A.LL.B./VI Sem./2014-15/ET/L.o.P.-II
Time - 03 Hours April – 2015 Max-Marks :- 70
Law of Property II
Note: - I. The question paper is divided into 2 parts 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 (4 x 15
marks)
1. In 2001, A sells his leasehold of Redacre to B. Later that same day, they have another document
registered with two clauses: (a) A binds himself to repay entire mortgage money by 2015, in
which case the sale shall become void; (b) A can retain possession for monthly rent, until the
mortgage money is repaid. In 2005, Asells the property to C, but without delivery of
possession as only 35% ofthe price is paid by C; so the sale deed provides: “possession shall
not be delivered to Cuntil 100% of price is paid.” In 2007, C mortgages the property to D
absolutely transferring it to D but on condition that D will retransfer it to C upon repayment
of the mortgage money in 2012. D sues A for possession in 2008. While D’s suit against Ais
pending, in 2012 C defaultson mortgage repayments to D. D amends the plaint and claims
that D is now the absolute lessee of Redacre. B joins in the suit and counterclaims that Bis
now the absolute lessee of Redacre. Advise A, B, C and D, as to all their rights and remedies.
Who will succeed? Who will have possession?
2. W absolutely transfers his industrial plot to X, to be redeemed by retransfer after 20 yrs; and
then X leases it back to W. W then leases the same plot to Y for 15 yrs, upon condition that “if
the plot is used for a non-industrial purpose, then the landlord shall re-enter.” Y starts an e-
commerce business selling electricity generators from the plot. W then gifts the same plot to
his wife T, so long as she believes in God, otherwise to revert to W. T executes a usufructuary
mortgage of the same plot to Y, the rent to be adjusted against the mortgage money. T finds
out about Y’s business. Thinking that this is a good way to not pay Y back the mortgage loan,
T sends Y a forfeiture notice. X files a foreclosure suit against Y; and Y immediately joins T as
a co-defendant. T then sells the plot to Z. T then issues a declaration renouncing God. Advise
W, X, Z and Y, as to all their rights and remedies. Who will succeed?
3. In 1965, K leases a popular disco in Bombay to M till 2025. In 1970, M mortgages the
property to N, the sale to become absolute if N is not completely repaid by 2005. N is put in
possession and is to appropriate the entire rents and profits towards mortgage money. In
1980, N deposits the title deeds with Q, repayable in ten years, and the terms are reduced
into writing. In 1985, K mortgages the disco to P. P can apply the rents and profits towards
interest only, and K can redeem the property only after 2015. In 1987, M gifts his entire
property to his son R. Due to very loud music played in the disco, its ceiling has developed
cracks, so it was sealed by the police in 1989. R then stops paying rent. P sues for rent,
otherwise for forfeiture. N defaults on repayment to Q in 1990, so Q files a suit for foreclosure
to obtain possession. N sues R claiming the mortgage money from R, claiming that otherwise
the sale will become absolute. Advise N, Q, P and R,as to all their rights and remedies. Who
will succeed?
4. Proprietary liabilities and disabilities can take subsequent transferees more truly by surprise
i.e. bind them without their notice, knowledge or consent; while proprietary duties are more
likely to be known to subsequent transferees. Do you agree? Explain with the aid of relevant
statutory provisions, case law and two proprietary liabilities, disabilities and duties, each.
Are the principles different for equitable estates?
5. Whether a property right stands extinguished by destruction or material alteration of the
underlying thing, depends on whether the conveyance contract has been frustrated/become
impossible to perform. Do you agree?Explain with the aid of relevant statutory provisions,
case law and illustrations. Can this position be altered by insertion of an express clause in the
conveyance contract?
6. To what extent are contractual and proprietary obligations concurrent in a conveyance? After
transfers of property by the original parties to the conveyance, to what extent do the original
parties remain bound; andto what extent are the subsequent transferees bound, by both
types of obligations? Explain with the aid of relevant statutory provisions and case law in the
context of leases and mortgages.

Section B (2 x 5 marks)
7. Whether the proprietary right of possession stands transferred to the conditional sale
mortgagee or English mortgagee depends on the nature of the interest that the mortgagor is
mortgaging.Do you agree? Why?
 8. Courts should be extremely reluctant to construe a licence as irrevocable, unless the terms of
the licence very clearly amount to an irrevocable licence, or, a lease. Do you agree? Why?
9. “Legal possession” is not the same as “constructive possession”. In fact, there should be no
concept of “constructive possession” as it only makes the concept of possession confusing
and vague. Do you agree? Why?
10. From S. 91, Trusts Act, 1882 it is clear that a constructive trust exists between the first two
parties to a specifically enforceable contract for conveyance, even without any transfer toa
third party. Do you agree? Why?
………………………….
Roll No……………………………. DR. RMLNLU, LKO B.A.LL.B./ VI Sem./2014-15/ET/I.P.R.-I

Time - 03 Hours Max-Marks :- 70

April - 2015

Intellectual Property Rights Law- I

Note: - X. The question paper is divided in 2 parts i.e. Section - A and Section - B.
XI. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section
- B.
XII. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. ‘We are free’, runs a website devoted to discussion on various issues in politics. They seek
articles of interest from newspapers, magazines and other websites. They post entire text,
along with pictures, on their website. They also publish articles which are in print medium and
are not available online. They give correct attribution of source, but do not seek any permission
from copyright owners. They allow users to post opinions and comments and are continually
becoming popular. They publish articles and stories soon after they are originally published.
‘We are free’ does not seek any financial advantage, it does not run any advertisements or
promotional offers. The objections are raised by copyright owners on several grounds, like
access to an article requires registration or subscription. Is the defense of fair use available to
‘we are free’?
2. Examine the ingredients of passing-off action with the help of suitable case law.
3. Critically examine the suitability of digital rights management provision in the Indian copyright
environment.
4. What are the relevant factors for determining the similarity between goods and services?
5. A globally recognized food chain company “A” hires two eager employees in their food
packaging department. A detailed employment contract is signed and the two are placed on
salary roll and are under supervision at various levels. These two are actually television
producers and are full time employees with television network “B”, the two secretly video
tapped their workplace at the food chain as a part of an undercover investigation of food
industry practices, recording various unsafe activities. To suppress the release and distribution of
videos, “A” claims copyright in the same citing that the two were its employees who made it.
Who owns the copyright in the video?
6. A wrist watch manufacturer offers for sale their watches under a sign which reads, “These wrist
watches are fakes. They have no connection whatsoever with real TITAN watches.” Is he still
infringing considering that he says “no-TITAN” and he is still selling watches. Examine the issue
on the basis of likelihood of confusion.
(SECTION – B) (02X05)
7. What is the difference between reputation and goodwill?
8. What do you understand by the concept of national treatment?
9. Write a short note on permissibility of cross-category claims under the GI Act.
10. What kind of marks are the following? (Along with reasons).
a. Charlie for gas stove. b. Flame for matchbox.
c. Driver for car tyres. d. Axe for shaving blades

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