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

/ET/Nov-19/ADR
Time - 03 Hours Max-Marks :- 70
November - 2019
Alternative Dispute Resolution
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 petitioner and the respondent entered into an agreement on 14th March, 2007 whereby
the petitioner had advanced a soft loan to the tune of Rs.4.82 crores to the respondent.
Disputes being arisen between the parties, on 20th October, 2015, the petitioner invoked
the arbitration clause seeking the appointment of the three members of the Monitoring
Committee as per the terms of the agreement. One of the three members expressed his
inability to act as an arbitrator in view of Section 12(5) of the Arbitration and
Conciliation Act, 1996 which came into existence vide the Arbitration and Conciliation
(Amendment) Act 2015. In view of the said Amendment, the petitioner sent a notice
dated 06.09.2016 to the respondent seeking its consent for referring the dispute to a sole
arbitrator. The respondent disputed the appointment vis a vis its liability to repay the loan
amount on the grounds, inter alia, that the claim is barred by the limitation period and
fraud and misrepresentation. Under these circumstances, the petitioner sought the
appointment of an arbitrator vide Section 11 of the Arbitration and Conciliation Act,
1996. The said petition is contested by the respondent on the alleged grounds. Discuss the
scope of the proceedings in the light of the present facts.

2. The contractee company submitted a no-dues/no-claim certificate certifying the payment

of all the bills and in total settlement of all the claims whatsoever, final bill of Rs. 20.34
crores to the contractee company, although the actual claim which was submitted by the
contractee company was Rs. 96.29 crores. Subsequently the contractee company
withdrew the letter for the no-dues/no-claims certificate stating that it was a prerequisite
condition for the release of their long due legitimate payment against the works executed
under the contract and the same was furnished by the contractee company under duress
and coercion of the contractor company. The contractee company sent a notice to the
contractor company for resolving the disputes between the parties through arbitration as
envisaged under the contract but the request was denied by the contractor company
stating this as not tenable in law. Discuss whether the contractee company can make out a
case for referring the dispute to arbitration. Discuss with relevant case law.

3. The appellant is a manufacturer of Wind Turbine Generators (WTGs) which is

incorporated under the English laws while the respondent being an Indian company is
engaged in the business of manufacture of wind power cables and other types of cables.
Two purchase orders dated 5.8.2012 and 7.10.2012 were issued by the appellant to the
respondent for the supply of cables for their WTGs. Apart from other conditions, the
standard terms and conditions contain a clause pertaining to dispute resolution which is as
follows:
“The Deed shall be governed and construed in accordance with the laws of England and
Wales. All actions or proceedings in connection with this Deed, the breach thereof and/or
the scope of the provisions of this Section shall be submitted to the International
Chamber of Commerce for final and binding arbitration. The arbitration shall be
conducted in Singapore.”
While laying the cables supplied by the respondent, the appellant discovers that outer
sheaths of the cables of 150 sqm were cracked and hence the appellant terminates the
P.T.O.
 contract and restrains itself from the further payment. The appellant invokes the
arbitration clause while the respondent files a suit before the Bombay High Court for
declaring, inter alia, as the supply contract stands rescinded, the arbitration clause cannot
be invoked. Also the respondent files for a temporary injunction against the appellant
from continuing with the arbitration proceedings initiated in the ICC Singapore. Argue
and decide the fate of the suit filed before the Bombay High Court.

4. While the institution of the patent illegality sub ground under public policy under section
34 (2)(b)(ii)of Arbitration and Conciliation Act, 1996 for setting aside of domestic award
has been an exercise of judicial creativity, the parliament ought to have defined the patent
illegality ground while amending the 1996 Act through the 2015 Amendment Act.
Discuss the judicial adventure and misadventure of the Indian Supreme Court in the light
of the above statement.

5. Discuss the various modes of challenging the jurisdiction of the arbitrator in an

international commercial arbitration.
6. Discuss the choice of law as to the international arbitration agreement.

(SECTION – B) (02X05)
Write short notes on:
7. The legal delocalization vis a vis international arbitration instruments and arbitration
institutions.
8. Conflict of law rules and its relevance in the choice of law.
9. Can the presumption of separability be the basis of choice of law?
10. Negative effect of the principle of competence competence.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-19/CL
Time - 03 Hours Max-Marks :- 70
November - 2019
Cyber 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. Discuss the role of OECD Guidelines in the development of international data-sharing
data protection rules.
2. Virdi Fintech is a Texas based Internet Service Provider. Among the services, Virdi
Fintech provided was an opportunity to software developers to subscribe and sell their
software in the form of Shareware. Virdi Fintech used to earn commission for every deal
which was conducted. California based Mr. R.S.Sandhu, was one of the software
developers who availed of the facility provided by the Virdi Fintech. One fine day
Sandhu finds that his software has been copied by the Virdi Fintech and they were selling
its copy by another name. If Sandhu files a case for fraud in California, justify the
jurisdiction of California applying different standards /theories/tests evolved in this
regard.
3. Define E-governance. In the light of its evolution in India, discuss different types of E-
governance interactions with suitable examples and hurdle it faces.
4. Internet Governance is now a complex system involving a multitude of issues, actors,
mechanisms, procedures, and instruments. Elucidate.
5. Examine the issues of framing, inlining and data file sharing technology in peer-to-peer
networks and its implication on cyber copyrights with case laws.
6. Examine cyber squatting of domain names and the resulting disputes under the Trade
Marks Act, 1999 with the help of case laws.
(SECTION – B) (02X05)
Write short notes on:
7. Sensitive Personal Data.
8. Digital Signature vs. Electronic Signature.
9. How are cyber crimes different from traditional crimes?
10. Analyze the liability of Intermediaries under the IT Act 2000.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./ VII Sem./ET/Nov-19/HR
Time - 03 Hours Max-Marks :- 70
November - 2019
Human Rights
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. Though the concept of Human Rights gained legitimacy with the adoption of UN Charter,
its substance and spirit have come a long way through its historical path”. Discuss the
history and development of Human Rights from the UN Charter to the two International
Covenants.

2. ‘The European Court of Human Rights is a victim of its own success.’ Examine the
effectiveness of the enforcement machinery under the European convention with special
references to the decisions of the European Court, in protecting human rights within the
Council of Europe.

3. “Right not to be subjected to torture is a fundamental right and cannot be derogated from
under any circumstances”. In the light of this statement, discuss the jurisprudential
approach of the Supreme Court to prevent custodial violence.

4. “External efforts to promote the human rights of women would constitute interference in
long-standing and deeply embedded cultural practices”. Do you agree? Explain this in the
context of India.
Note: For the purposes of this question, external efforts shall be understood in the context
of the CEDAW provisions.

5. How does the Indian regime on protection of rights of citizens during emergency fare
when compared to the international standards on the same?

6. Discuss the salient features of the Refugee Convention, 1951. Compare and contrast
India’s Refugee policy with the Refugee Convention, 1951.

(SECTION – B) (02X05)
Write short notes on:
7. Sexual Harassment at working place vs. Right to work.
8. Rights of Older persons guaranteed under the International and municipal law in India.
9. Critically analyze the role of National Human Rights Commission in the protection of
human rights.
10. Discuss implementation mechanisms provided under International Covenant on the Civil
and Political Rights.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-19/IPR-I
Time - 03 Hours Max-Marks :- 70
November - 2019
Intellectual Property Rights-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.

(SECTION – A) (04X15)
1. Board of Examination created a series of standardized multiple choice based questions
tests. The tests are administered to students each year to assess their proficiency in
various areas. The Board carefully keeps the content of the tests private, in order to reuse
the tests. Mr. X, a teacher, dislikes both the tests thinking them to be poorly drafted and
clumsily adapted and standardized tests generally. One year, he takes all the tests
administered to several grade level of students at his school, and distributes copies to the
public. He claims fair use, arguing that making the tests public is the best way to criticize
them and further the cause of education. Would it qualify for fair use?
2. Discuss the interoperability of a claim under the Geographical Indication law in light of
the Tea Board case.
3. How far in your opinion the doctrine of exhaustion has been applied by the Indian Court
fairly in light of the John Wiley decisions?
4. Petals is a registered trade mark for gym equipments and had became well known over
time. Manufacturer Z started using the same for lifestyle footwears incidentally her
daughters name is also peatls. Z was sued for infringement and passing off. Z, claims not
liable as the product line was different meanwhlie petals claim dilution and tarnishment
including passing off. Discuss Z's liability.
5. How far can the moral rights be exercised by an author in view of the Raj Rewal's
judgment of 2019?
6. Discuss the law on Disparagement with the aid of supporting case law.
(SECTION – B) (02X05)
Write short notes on:
7. Secondary meaning under the Trade Mark law.
8. Genricide.
9. The personhood justification of IPR.
10. Merger doctrine.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-19/ITL
Time - 03 Hours Max-Marks :- 70
November - 2019
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. Neverland, a WTO member, is a major exporter of soft drinks and almost 80
percent of its exports are destined for Foreverland, another WTO member.
Foreverland also imports packaged fruit juices from Everland, its friendly neighbour
country. Also, Foreverland has a huge domestic packaged fruit juice industry which
is incurring losses since the last three years. In the year 2016, Foreverland enacted a
law whereby it banned sale of soft drinks in all the canteens located in the
government colleges and universities. The objective of the legislation was to
decrease consumption of sugar and encourage the populace to eat and drink healthy.
Neverland, however, is not happy and plans to bring a dispute before the WTO DSB
against what it believes to be a blatant violation of WTO Agreements by
Foreverland. The government of Foreverland seeks your advice on whether its
legislation violates legal provisions enshrined in GATT, 1994 and how it may
defend itself against Neverland. Write a detailed legal advice for the government of
Foreverland in light of the relevant legal provisions and rulings of the WTO.

2. Multilateral rules based international trade law regime is based on the premise that
there is a direct relationship between global economic collaboration and enduring
peace and security. Explain the statement analyzing the circumstances that led to the
creation of GATT, 1947 initially and World Trade Organization (WTO) finally.
Discuss whether GATT, 1947 is same as GATT, 1994?

3. Rhineland, a WTO member, provides preferential tariff treatment to all the

developing countries located in the tropics under its “Generalized System of
Preferences” Scheme. Indicia is a developing country which has been one of the
founding members of WTO and is located in the tropics. Indicia, however, is not the
recipient of the benefits under the Rhineland’s GSP. Indician government seeks to
challenge this before WTO DSB and seeks your advice in preparing its oral and
written submissions before the WTO Panel. Prepare a legal advice for the Indician
government in light of the relevant legal provisions and rulings of the WTO

4. How is the dumping margin calculated in an anti dumping investigation? Incaaya, a

WTO member, has seen a sudden jump in the imports of aluminium from the
Republic of Dinara. The Government of Incaaya believes that aluminium imports
are being dumped in its territory by the producers from the Republic of Dinara, who
receive huge subsidies from the Government of Dinara. The Govt. of Incaaya is
exploring its remedies and seeks your advice on the same. What, according to you,
are the remedies available to the Govt. of Incaaya under the WTO Agreements?

5. The Republic of Ancientland, a member country of WTO, relies primarily on its

exports of beef for foreign revenue earnings. Its main export market is Newland,
another member country of the WTO. On 10th March, 2017, Newland banned
imports of dairy products and beef from Ancientland on the basis of a newspaper
report published in the Newland alleging that cattle in Ancientland were artificially
P.T.O.
 injected with a hormone to enhance their growth. The hormone was reported to have
harmful effect on the health of the humans though the scientific evidence on the
issue remained woefully insufficient. Discuss the legality of Newland’s Ban under
the provisions of the WTO Agreements.

6. How does the WTO dispute settlement differ from the dispute settlement under
GATT, 1947? Article 25 of the WTO Dispute Settlement Understanding (DSU)
may be an effective way to avert the present crisis in the WTO Appellate Body.
Explain, giving reasons.

(SECTION – B) (02X05)
Write short notes on:
7. “Suspension of Concessions”.
8. How is the concept of opportunity cost relevant to international trade?
9. Belgian Family Allowances dispute.
10. Distinguish between tariff and non tariff barriers to international trade.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-19/TAX
Time - 03 Hours Max-Marks :- 70
November - 2019
Taxation
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) Discuss in detail the concept of ‘agricultural income’ and ‘ordinary process employed
to render the produce fit taken to market with the help of judicial pronouncements.

(b) Ram a shareholder in two companies received dividends. The two companies carried
on business of growing and manufacturing tea. Whether the dividends received by
Ram is an agricultural income and as such exempted under Section 4(3) (viii) of the
Act. Decide with help of leading judicial pronouncements.
2. (a) Define Reverse Charge Mechanism, objective, time of supply and its impact on legal
services with the help of relevant provisions and judicial decisions.
(b) Mention the position of Works Contract under the GST.
3. (a) Discuss the GST Council its structures, functions, effect on fiscal federalism and
possible improvement if any.
(b) Discuss the impact of GST on Customs.
4. (a) “Clubbing of Income shall not apply in case the income of an individual was solely
attributable to application of his/her technical or professional knowledge and
experience.” Discuss with the help of relevant provisions and judicial decisions.
(b) Discuss in brief the position of capital gains in the light of the N. Bagavathy Ammal
v. C.I.T JT 2003 (1) SC 363.
5. Discuss :
(a) The differentiate Diversion and application of Income with the help of case laws.
(b) The Income from salary with the help of case law.
6. (a) ABES Homes Pvt.ltd, a company, had been incorporated with the main objective to
carry on business dealing with investment in properties, flat, warehouses, shops etc.
and the same was mentioned in it’s Memorandum of Association. The company
purchased some flats for the purpose of trading but due to the recession such flats
were not sold. It let out the flats for temporary period on license basis and earned
monthly income in the form of license fees . Whether the rental income so earned
would be income from business or house property. Decide with the help of case law.
(b) Discuss the taxability of income from the house property in the light of R.B Jodha
Mal Kuthiala v. C.I.T (1971) 3 SCC 369.
(SECTION – B) (02X05)
Write short notes on:
7. Meaning of Income.
8. Clubbing of income of minor with parents.
9. Doctrine of Mutuality.
10. Taxable Event in customs.
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