Professional Documents
Culture Documents
QP End Term Nov. 2010
QP End Term Nov. 2010
1. What is Indifference Curve & Explain properties of indifference curve with diagram.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
SOCIOLOGY (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. Critically analyse the concept of social change through the notion of dialectics with
examples.
3. Discuss the various aspects of social statics as discussed and proposed by Auguste Comte.
4. Analyse the different theories of deviance with suitable examples. Which theory of deviance
do you consider fit for contemporary Indian society.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
POLITICAL SCIENCE (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. What do you mean by “systems approach”? Discuss in detail the systems approach to study of
politics as propounded by David Easton.
2. “State is a necessary evil.” Explain the statement in the light of negative liberal theory of
functions of the state.
3. What do you mean by elites? Critically examine the elite theory of democracy.
4. “Socialism is like a hat that has lost its shape because everybody wears it.” Discuss.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
ECONOMICS (MAJOR)
INDIAN ECONOMICS
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
3. Discuss Indian financial system in detail including institutions, markets and regulatory
authorities.
4. Explain the salient features of Industrial Economy covering major industries, SSI sector
and public sector.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
SOCIOLOGY (MAJOR)
1. Define communalism and regionalism. Discuss their forms and consequences with reference
to post-independent India.
3. What do you mean by caste? Discuss the perspectives to study caste. Give some examples o f
practices of caste among non-Hindus.
4. Define Marriage and discuss its typology. Give an account of Hindu Marriage Act-1955.
5. Give an account of Three Tier Panchayati Raj in India. Critically analyze the role of PRIs in
capacity building of rural community.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
POLITICAL SCIENCE (MAJOR)
Indian Political System: Institutional and Political Dynamics
1) Explain the procedure for amendment of the Constitution under article 368 and discuss the
implied limitations laid down by Supreme Court in Kesavananda Bharathi case verdict.
4) ‘The states have been reduced to mere glorified municipalities.’ Discuss in the light of
legislative, administrative and financial relations between the centre and states.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - LL.M.-I
LAW & SOCIAL TRANSFORMATION
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. The U.N. Convention on Rights of the child 1989, in Article 19 obligates the state to undertake
necessary steps for protecting the child from all forms of violence, injury and abuse including
sexual abuse. Examine and contemplate on the legal framework in India with respect to the
above.
2. The year 2010 marks the centenary for the international day of the women. Women have come a
long way from what was a scattered assertion of women’s right to what it is today – a research
based, well organised movement. In the same year in India the women’s Reservation Bill was
passed. Do you think how we will have legislations that will accommodate “difference” between
men and women.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
ECONOMICS (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
2. What is Inflation? What are the causes and effect of inflation? Suggest measures to control
inflation.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
ECONOMICS (MINOR)
Law, Poverty and Development
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. Discuss different concepts of poverty and its measurement in the context of India.
2. What do you mean by development? Where India stands on the basis of different
indicators of development.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
SOCIOLOGY (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
2. Critically examine the functionalist theory of social stratification with special reference to
different forms of social stratification.
4. Analyse the different theories of deviance with suitable examples. Which theory of deviance
do you consider fit for contemporary Indian society.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
SOCIOLOGY (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. Give an analysis of Linguism and Regionalism in India. How Indian Unity is at crossroads?
3. Discuss the socio-cultural dimensions of rural community. Describe the powers and functions
of Panchayati Raj Institutions in India in uplifting rural community.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - V
TRANSFER OF PROPERTY
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Attempt FOUR Questions in which Question no. 3 is compulsory.
(ii) All questions carry equal marks.
2. Discuss the validity of the following transfers with the help of relevant provisions:
a. A transfers Rs. 5000 to B on condition that he shall marry with the consent of C, D and E. B
marries without the consent of C, D and E, but obtains their consent after marriage.
b. A makes a gift to B with a proviso that if he marries without the consent of C and D, it shall
go to E. D dies. B marries without the consent of C. E claims the property.
3. A. A sued B for a debt. B obtained an adjournment and during the adjournment he sold his land
to his sister C. B allowed the suit to be decreed ex parte and when A attached the land, C objected
that it was hers. B professed to have sold the land to raise money to pay a debt, but it was not
shown that no demand had been made for payment of the debt, and B was not solely liable for its
payment. Is the sale valid? Discuss with the help of relevant case laws.
a. Suit for maintenance by a Hindu widow in which she claims to have her maintenance made a
charge on specific immovable property and a decree is passed creating a charge on such property.
b. A suit for debt or damages where the claim is limited to money.
4. The doctrine of Part Performance enables the transferee to sue for specific performance only if he
can prove that he has “perform or is willing to perform his part of the contract”. Discuss the
object and effect of the application of the doctrine.
5. What do you mean by ‘feeding the estoppel by grant’? Support your answer with relevant
provisions and case laws.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER – VII & IX
INTERNATIONAL COMMERCIAL ARBITRATION - (OPT.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Attempt FOUR Questions in which Question no. 1 is compulsory.
(ii) All questions carry equal marks.
1.
a. Discuss the grounds and procedure to challenge the appointment of an arbitrator?
b. Can an arbitral tribunal proceed without filling up the vacancy so created? Examine
the situation with the help of various arbitration rules.
2. “The procedural law of an international arbitration is not necessarily governed by the lex
arbitri but may be regulated by another system of rules chosen by the parties or by the
arbitrators”
Comment on the statement and explain the concept of ‘lex arbitri’ and ‘seat
theory’ with the help of relevant arbitration rules.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER – VII & IX
CORPORATE TAX - (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
5. Discuss the principles emerged with regard to ‘Business connection’ with the help of decided
cases.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER – VII & IX
LAW OF INSURANCE - (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. “Premium is the consideration which the insurers receive from the assured in exchange for
their undertaking to pay the sum insured in the event insured against.” Comment upon the
statement. Also discuss the relief provided by the insurers in respect of forfeiture of the
policy for nonpayment.
2. When the assured is so situated that the happening of the event on which the insurance money
is to be payable would as an approximate result involve in the loss or diminution of any right
recognized by law or in any legal liability there is an insurable interest to the extent of the
possible loss or liability. Analyze the statement.
Discuss the necessity and application of insurable interest in life, marine and fire insurance.
3. The life-blood of the contract of insurance is the risk it deals with. Discuss with the help of
relevant case laws.
4.
a. Discuss the establishment, composition and tenure of the Insurance Regulatory
Authority of India.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER – VII & IX
CRIMINOLOGY AND PENOLOGY - (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
2. Critically examine the contributions made by Cesare Lombrosso and Raffaele Garofalo to the
modern criminology.
3. Briefly discuss the various powers, role & functions of Magistrates of criminal Courts with
special reference to statutory provisions in India.
4. “The reformative view of penology suggests that punishment is only justifiable if it looks to
the future and not to the past. It should not be regarded as settling an old account but rather as
opening a new one” Illucidate.
5. “The investigation of a criminal case, however good and painstaking it may be, will be
rendered fruitless, if the prosecution machinery is indifferent or inefficient. One of the well-
known causes for the failure of a large number of prosecutions is the poor performance of the
prosecution. In practice, the accused on whom the burden is little—he is not to prove his
innocence—engages a very competent lawyer, while, the prosecution, on whom the burden is
heavy to prove the case beyond reasonable doubt, is very often represented by persons of
poor competence, and the natural outcome is that the defence succeeds in creating the
reasonable doubt in the mind of the court” Examine the statement in the light of legal
provisions and Justice V.S. Malimath Committee Reports for appointment and role of public
prosecutors in India.
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Hidayatullah National Law University, Raipur
Q. 1 Do you agree with the statement that the Supreme Court of India at initial stage was
influenced by the judgments of US Supreme Court to provide proper scope for the
development of freedom of press and the same is prevailing even now ?
Q. 2 Evaluate all tests laid down by the US Supreme court to impose restriction on
freedom of press in comparison to the restriction imposed for the same by the
provisions of the constitution of India.
Elaborate the above para with the help constitutional foundation of freedom of press
in India with special reference to “Commercial Speech”?
Q. 4 ‘Hate speech and hate writing are two mechanisms that have been systematically
used in recent times, at many instances and in many cases, actual violence”.
Discuss the above para and also give the laws which are used for the prevention of
hate speech in India.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
POLITICAL SCIENCE (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. “Law is the command of the sovereign.” Critically examine this statement and its implications in
the light of John Austin’s monistic theory of sovereignty.
2. What are the factors that led to the emergence of welfare state? Discuss India as a welfare state
citing constitutional provisions and the policies and programs implemented.
3. “Democracy does not mean only a form of government; but a way of life.” Discuss the above
statement in the light of the classical liberal theory of democracy.
4. “Liberalism as an ideology has undergone changes in keeping with the changing position of the
classes and the changes in circumstances”. Discuss.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
POLITICAL SCIENCE (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - V
LABOUR LAW - II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. Jagannath was standing in a queue waiting for the bus provided by his employer to go to the
place of his employment. While standing in the queue he was ran over by the same bus
resulting in multiple injuries leading to his disability. Based on the various relevant
provisions of the Employees’ State Insurance Act, 1948 state whether the Corporation is
liable. Also state the extend of the benefit that Jagannath is competent to get, provided the
Corporation is liable.
2. State all the conditions for entitlement and disentitlement of gratuity under the Payment of
Gratuity Act, 1972 with the help of decided case laws.
3. Explain the method of calculation of Bonus under the Payment of Bonus Act, 1965. Also
state the qualification and disqualifications for claiming bonus.
c. Procedure for fixing Wage under the Minimum Wages Act, 1948.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - VII
DPC
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. What do you understand by 'appeal'? Who may appeal? Who cannot appeal? Discuss the
ground of first appeal and second appeal.
2. Discuss the circumstances and grounds under which a review petition lies. Distinguish
between review and revision under CPC.
B. Explain the ground with other essentials as per relevant provisions of Code of
Civil Procedure on which a caveat can be filed.
4. Mr. Rangari borrowed a sum of Rs. 1 lakh from Mr. P.K. Chatterjee on 15.04.2008 at Raipur
to meet the marriage expenses of his daughter. He agreed to repay the amount “On Demand”
together with interest at the rate of 18% per annum. He executed a duly stamped Promissory
Note to that effect, in favour of Mr. P.K. Chatterjee, on 15.04.2008 at Raipur. Later on, in
the month of October, Mr. P. K. Chatterjee was badly in need of money to meet the medical
expenses of his dad who was critically ill. Hence, he made a demand on 15 th October 2008 to
Mr. Rangari to repay the said sum of Rs.1 lakh together with agreed rate of interest, to which
Mr. Rangari paid no heed. Later, Mr. Chatterjee demanded the said money from Mr. Rangari
on several dates in the months of November and December 2008 and all in vain. On 24 th
January 2009, Mr. Chatterjee again made a demand to Mr. Rangari through a team of his
friends and relatives. Mr. Rangari was annoyed over the conduct of Mr. Chatterjee in
sending many people to his house demanding money. On 25 th January 2009 he called Mr.
Chatterjee over telephone and told him categorically that he is not in a position to repay the
money and told him that “You do whatever you can”. Aggrieved by this conduct, Mr.
Chatterjee approaches you to file a suit for recovery of money. Draft a Plaint.
5. Sh. Om Veer Singh (Mr. Singh) S/o. Raghuveer singh, residing at property bearing house no.
A/12 Uttam Nagar, New Delhi for the last many years with wife and minor children, as a
tenant. The property contains two rooms, latrine and kitchen in the above said premises of
Rent Rs. 150/- p.m. excluding electricity and water charges under the tenancy of late Sh.
Kishanlal kalra who died on 17.10.2007. Legal hairs of late Sh. Kalra was not in the
knowledge of Mr. Singh. It is also pertinent to mention here that the plaintiff looked after late
Sh. Kalra many a times, whenever he fell ill. Singh. Mr. Kalra’s friend Mr. Sharma used to
collect the rent but he did not issued any rent receipt to Mr. Singh even after several
demands.
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Mr. Singh spent a huge amount on the construction of these two rooms in the above said
premises at the request of Late Sh. Kalra and Mr. Sharma assured to adjust against rent (the
plaintiff is having the necessary documents/proofs of material for construction of rooms in
the above said property).
Mr. Singh is having the peaceful possassion of premises house no. A/12 Uttam Nagar, New
Delhi and is having the whole necessary documents/record regarding possession. He is also
willing to deposit the amount of rent to legal hairs if claimed.
That on dt. 30.1.2009 Mr. Didwania (Mr. D) and Mr. Singhania (Mr. S) came to the above
said premises of Mr. Singh and threatened him to vacate the tenanted premises immediately
otherwise the plaintiff would have to face dire consequences, when the plaintiff asked about
their identity then they did not disclose the same, instead started throwing household goods
forcibly and illegally and started to quarrel with the plaintiff when the local
residents/neighbourers intervened in the matter then they left the spot after threatening for
dire consequences and to dispossess him forcibly and illegally in the near future with the help
of local nuisance . Both of them openly stated that the staff of police post dances at their tune
and it is very easy job for them to dispossess any person or to grab the property of any one
with the help of the police staff.
That immediately on the same date Mr. Singh rushed to the police post of that area to lodge
his report against both regarding such incident but duty officer refused to register. Mr. Singh
was surprised to see that both Mr. D and Mr. S. were already present at the Police Post.
That on 10.2.2009, the plaintiff sent a Registered Notice to the Mr. D & Mr. S and copy to
Chowki Incharge Police Post of the area by Regd. A.D. (copy of the same is enclosed
herewith) but police staff has not taken any action against both for reasons best known to
them.
That on 11.2.2009, Mr. D and MR. S along with two unknown persons/ whom Mr. Singh can
recognise by face, came to the above said premises and knocked at the door at odd hours and
threatened Mr. Singh to come out of the room. Mr. Singh saw their faces from gaps of the
door and the plaintiff got nervous, and therefore did not come out of two-room apartment.
The said persons threatened the plaintiff to vacate the premises immediately. However, then
the neighbourers gathered there and they restrained the defendants from dispossessing Mr.
Singh from the above said premises forcibly and illegally. When the neighbourers threatened
them, they left the spot with a threat to come after one or two days with heavy force to
dispossess the plaintiff from the above said premises forcibly and illegally.
That on 12.2.2009 Mr. Singh again went to the police post to lodge the report against the
defendants but no Police Officer of Police Post was ready to listen against both and they
advised Mr. Singh to approach to the competent court of law to seek his remedy and to get
injunction order against Mr. D, Mr. S and the Police Station.
Draft the application for permanent injunction on behalf of Mr. Singh.
Note: Students are free to presume certain facts necessary for drafting the same.
Page-2
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - IX
PRIVATE INTERNATIONAL LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. “It is one of the most baffling subjects of legal science. The average judge, when confronted
by a problem in the conflict of laws feels almost completely lost, and like a drowning man
will grasp at a straw.”
Do you agree with the above statement regarding the nature of the Private International Law?
Why a municipal court should apply a foreign system of law, why it cannot apply domestic
law in all the cases? What is the basis or justification for the existence of private international
law?
(b) Raj, who is 12 years old and legitimate, was born in England to a father with an Indian
domicile. His father has now been posted to Dubai and is intending to live there until he
retires. Where is Raj’s domicile?
3. The general rule is: all rights over or in relation to an immovable property are governed by
the law of the country where the immovable property is situated.
Discuss the rationale behind the general rule of application of the lex situs in questions
related to immovable property.
Discuss also when the English court will assume jurisdiction over individuals under common
law system.
4. Discuss the justification for the enforcement and recognition of foreign judgement and
explain the grounds on which foreign judgement cannot be enforced with the help of case
law.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
LL.M. (SEM.-I)
INDIAN CONSTITUTION LAW: NEW CHALLENGES
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Support your answers with relevant case-laws.
1. Discuss the need for evolving a broad and liberal interpretation of the expression “Other
Authorities” in Article 12 of the Indian Constitution. Explain with the help of relevant case-
laws the broader test laid by the Supreme Court for determining whether a body is an agency
or instrumentality of government and hence within the meaning of the expression “the State “
in Article 12.
2. Explain the meaning and scope of the concept of ‘Secularism’ under the Indian Constitution.
Discuss whether the right to freedom of religion is an absolute right in India.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
LAW OF TORTS
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1.
a. Ram lends his expert cook to Madhav on Madhav’s request for an evening. The cook finds a
bottle of Whisky in Madhav’s kitchen and get drunk. Consequently he burns up all
preparations. Madhav is unable to entertain his guests and sues Ram for damages. Decide
(3 ½ Marks)
b. A group of Police Persons while conducting a search for terrorists found some firewood lying
by river side and carried the same away for purposes of camp fire and fuel. The fire wood was
that of plaintiff. The plaintiff wants to file a suit against Union of India- Advise him
(3 ½ Marks)
c. “There is no law of tort; there is only law of torts” – Salmond Discuss Pigeon Hole Theory in
the light of above statement. (3 Marks)
2.
a. AV Brothers & Co. was running a factory of fireworks. Mrs. Jain, an excise inspector, visited
the factory for regular inspection. At the same time there occurred an explosion and Mrs. Jain
got injured. Discuss about the liability of AV Brothers & Co.
(4 Marks)
b. Elaborate the principles of Strict Liability and Absolute Liability. What are the differences
between these two? (6 Marks)
3.
a. The driver of a bus permitted the conductor, who was not authorized to drive the bus, to drive
the bus in order to turn it round to make it ready for the next journey. The Conductor drove
the bus negligently and caused an accident in which plaintiff got injure. Discuss about the
liability of Bus Owner. (3 ½ Marks)
b. Discuss what are the major defences of Tort of Defamation. (3 ½ Marks)
c. Define tort of Trespass to Land and explain its essentials with the help of decided cases.
(3 Marks)
4.
a. Mr. X, an employee of Mr. A, was drilling for the purpose of cutting a rock. At the same time,
with the help of a crane, stones were being conveyed from one side to the other, and each
time the crane passed from over the X’s head. It was in the knowledge of X that the crane is
passing from over his head. A stone fell from the crane and injured X. The defense of volenti
non fit injuria was taken. Discuss about the liability of Mr. A.
(2 Marks)
b. What are the differences between public nuisance and private nuisance?
(3 Marks)
c. Explain the essentials of Assault and Battery with the help of decided cases.
(5 Marks)
5.
a. Who is a ‘Consumer’ under Consumer Protection Act, 1986 and elaborate with the help of
decided cases. (6 Marks)
b. Discuss the Composition and Jurisdiction of District Forum and National Commission under
the Consumer Protection Act, 1986 (4Marks)
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
CONSTITUTIONAL GOVERNANCE - I
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1.
a. “The right to life in Article 21 includes the right to livelihood.” Explain.
(5 Marks)
b. ‘X’ is suffering from kidney failure and doctors advised him that by frequent dialysis he
can remain alive for some years. Dialysis of blood is a very costly treatment. ‘X’ has
some property but he wants this property to be used by his wife and children. Can ‘X’
refuse this treatment? Discuss the constitutional validity of the rights to life and to die.
(5 Marks)
2.
a. It is now well established that Article 14 prohibits class legislation, It does not prohibit
reasonable classification. Discuss. (5 Marks)
b. Parliament has passed an ‘Act’ which gives special powers to the Armed forces where the
government declares any area as a ‘disturbed area’. Provisions of ‘Act’ give powers to the
army personal to shoot, arrest and detain any person without following the procedural
laws which is provided under criminal procedure code1973. Discuss the constitutional
validity of the ‘Act’.
(5 Marks)
3.
a. Can Hidayatullah National Law University be called a ‘State’ within the meaning of
Article 12 of the Constitution? Explain with relevant decided cases.
(4 Marks)
b. The Government of Chhattisgarh has decided to sell its 100% shareholding in a public sector
company (Bhilai Steel Plant) registered as a company under the companies Act 1956.
Accordingly 60% of the share capital is sold to “Y industries” a company in the private
sector. Bhilai Steel Plant, under its new management terminates the services of several
employees without assigning any reasons. The aggrieved employees file a writ petition in the
Supreme Court of India challenging the termination as being violative of Article 14 & 21.
The management of Bhilai Steel Plant raises a preliminary objection and states that following
the sale of 60% of the share capital, Bhilai Steel Plant is no longer State’ for the purpose of
part III of the constitution, Discuss. (6 Marks)
1. What is difference between interpretation and construction? How far intention of the
parliament is relevant in interpretation of the statutes?
2. What do you mean by the rule of stare decisis? What are factors which strengthen or weaken
the binding effect of precedent?
3. Pointing out the benefits of incorporation. Clearly specify the situations in which the doctrine
of piercing the corporate veil is applicable.
4. What are incidence (Characteristics) of Rights? Discuss Austinian concept of absolute duties
and give critical appraisal of the same.
5. Critically evaluate arguments of abolitionist and retentionists of the capital punishment along
with the constitutionality of the capital punishment.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER – VII & IX
C.G.-JUDICIAL REVIEW (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. The Courts power of Judicial review has been enormously enlarged through the
process of public interest litigation. Critically examine it. Do you find any mark of
difference between the approach of the Judiciary prevailing during a decade in post
emergency period and during and after 1990s?
2. "While exercising the power of Judicial review the court shall keep in mind that where a
power is vested in a very high authority, it must be presumed that the said authority would act
properly and carefully after an objective consideration of all the aspects of the matter and
further the higher power, the more cautious would be its exercise."
3. Keeping is view the restraintivist and activist approaches a controversy in India has arisen
with the talk of Justice "by highways" and Justice through "by lanes". Much depends on the
user of the activist Judicial power. If it is used in Buxian model i.e. an activist Judge regards
herself as holding Judicial power in fiduciary capacity for civil and democratic rights of all
the peoples, especially the disadvantaged, dispossessed and the deprived"' it is commendable,
on the other hand if it used for imposing personal views of the Judge on the society in which
he Judges, it goes out of the limit of Judicial activism and becomes illegitimate exercise of
Judicial activity."
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER – VII
INTERNATIONAL TRADE & INVESTMENT LAW (HONS.)
(INTERNATIONAL TRADE LAW)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. What do you understand by Unforeseen Developments? Whether the clause is still
applicable for valid recourse to safeguard measures? Is the revival of clause justified?
(Marks 15)
b. A nationalized bank in India gives loan to everyone for starting an enterprise at the
interest rate of 10%. Loan is available in the market also at the same rate. Some of the
enterprises that have taken loan also export their products to various countries.
Country B imposes countervailing duty on exports of these enterprises on the ground
that loan from nationalized banks amounts to subsidy. Exporters approach the
government of India. What would be your legal advice to the government of India?
(Marks 5)
2.
a. Explain general exceptions clause under the GATT and the GATS with the help of
decided cases. (Marks 15)
b. Country A wants to ban the import of certain genetically modified meat products on
the ground that they adversely affect human health. Scientific opinion of the issue is
divided. Existing international standards do not exactly support the degree of
protection country A is proposing to adopt. Country B is the major exporter of such
meat in country A and it is expected that country B would challenge the measure
under the WTO. What would be your legal advice to the government of country A?
(Marks 5)
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER – VII
CLS – CORPORATE FINANCE - (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Answer should be concise and clear. (iv) Answer should be based on legal provisions.
1. GRAVITA India Ltd. received new orders during visit of U.S. President Barack Obama, and
is in need of huge funds to carry on the new project. Board of Directors decided to raise
capital through public issue. The above said company proposes to list its shares in B.S.E.
Briefly quote the common conditions for public issue under SEBI (ICDR) Regulations,
2009.
2. Define Promoter and Promoter group. Discuss how Minimum Promoters’ contribution is
regulated in public issue.
3. Global Investments Ltd. wants to enter in the capital market as a Debenture Trustee. Guide
this body corporate to register as Debenture Trustee before the Regulatory Body.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
LL.M. (SEM.-I)
GENERAL PRINCIPALS OF CORPORATE LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. Whether the Corporations can be made Criminally Liable? Critically examine the Supreme
Court’s view regarding the concept of ‘Corporate Criminal Liability’ in the case of Standard
Chartered Bank and Ors v. Directorate of Enforcement.
3. A group of shareholders of XYZ Ltd. Filed an application before the Company Law
Board(CLB) alleging various acts of Oppression and Mismanagement by Mr. Clever, the
Managing Director of his associates. During the course of hearing before the CLB, the
authorized representative of the said company contended that the alleged transactions had
taken place several years ago and the company has already removed the Managing Director,
who was responsible for such transactions and hence there is no case before the CLB to
interfere in the working of the company. Against the submissions on behalf of the company,
the applicants submitted that although the oppression was done in past and the Managing
Director has been removed, but the company is still controlled by the persons, who are in
league with the erstwhile Managing Director and are working as his henchmen.
In the light of the above facts, state the merits of the applicants, arguments and the powers of
the Company Law Board and support your answer with landmark judgments.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - V
ENVIRONMENTAL LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Write Case Laws wherever necessary.
1. ‘Right to Environment is basic Fundamental Right in India’. Trace the evolution of Right to
Environment in India.
2. Discuss the powers of Central Government under the Environment Protection Act, 1986.
Examine whether the Central Government has justified the concentration of such powers?
3. Discuss the Powers and Functions of the Authorities under the Air (Prevention and Control of
Pollution) Act, 1981.
4. Examine the provisions of Indian Forest Act, 1927. Discuss whether the Act is adequate to
protect the forest wealth of the Country.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - VII
LAW OF EVIDENCE
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Attempt FOUR Questions in which Question no. 2 is compulsory.
(ii) All questions carry equal marks.
(iii) Answers should be written with the relevant provisions of law.
1.
a. Why evidence as to good character is construed as relevant while evidence as to bad
character, in general, is excluded? Explain how far character of a person is relevant in
Civil and Criminal cases. What is the value of the evidence of character?
(4+3+3)
2.
a. An accused charged with taking part in a dacoity stated to the police, “I shall produce
the share which I received in the dacoity. I buried it in a field.” In consequence of this
statement, the police discovered certain property. Discuss whether the whole or any
part of this statement is admissible at the trial of the accused for dacoity.
(5)
b. A and B fight in a village square and much noise is raised. People collect there and a
little after Z comes alongwith Y and P. Z tells them that A gave fatal blow to B. Is
this statement relevant at the trial of A for B’s murder?
(5)
4. Critically examine the statutory provisions relating to admissibility of electronic record with
special reference to I.T Act. Examine how and on what basis can the genuineness or
authenticity of an electronic record be proved? (7+3)
5. English common law approach clearly recognizes and endorses application of hearsay
evidence rule in case of documentary evidence also. What is the position in Indian context?
Section 60 explicitly deals only with the oral evidence. Does that mean non-application of
hearsay evidence rule as to documentary evidence in Indian context? Examine.
(10)
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - IX
CORPORATE REGULATION (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. “The Understanding of Corporate Governance has changed. It was earlier believed that
Corporate Governance is a system to ensure that CEO does not take decision for private gains
and does not expropriate share holders wealth.”
In view of the above statement, explain how the auditors of the company follow the essence
of Corporate Governance requirement. How far they are accountable to the share holders of a
Company.
In the light of the above statement discuss Corporate Social Responsibility and how
Corporate Social Responsibility is essential in improving and promoting the interest of
Society.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
LEGAL METHOD AND INTRODUCTION TO LEGAL SYSTEM
1. “The powers of the Supreme Court for the protection of the constitutional rights of citizens
are of the widest amplitude and there is no reason why the Court should not adopt activist
approach similar to Courts in America and issue to the State directions which may involve
taking of positive action with a view to securing enforcement of the fundamental rights”—
What is judicial activism? How the Supreme Court of India is playing activist role for the
protection of fundamental rights.
With reference to above statement, explain meaning of legislation and discuss its kinds.
3. “For the administration of complete justice judges have to interpret the legislation and deduce
the real intention of legislature”-
In the light of above statement, explain the golden rule of interpretation and point out
difference between golden rule and literal rule of interpretation of statute.
4. “Administrative law is the last link in the chain of “Separation of Powers” and “Checks and
balances”—
In the light of above statement, discuss the Doctrine of Separation of Powers with the help of
landmark judgments.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
FAMILY LAW - II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
b. Partition is generally brought about by the consensus of the members of the coparcenary, but
not always. Elucidate this statement.
2.
i. A dies leaving surviving her a son, two daughters D and D1.DD2 the daughter of a
predeceased daughter D2. SS1 the adopted son of a predeceased son S1 and SSS2 the
son of a predeceased son of a predeceased son S2.
ii. Joint family is a unique institution in Hindu jurisprudence, unknown to any other
system of law in the world.” Comment in light of its salient features.
3. Gupta family was a happy family consisting of father, mother, son and daughter. The father Mr. Om
Gupta was a renowned hotelier. He purchased a luxury house consisting of two floors in the heart of
Raipur. He was a loving husband and a caring father .Even after his death he thought his family
should live in comfort. So he did the needful for the purpose. For the maintenance of his wife Parvati
after his death Om made enough deposits in the bank. He also executed a will and bequeathed the
property, that is the two floor house in favour of his son Krishna and daughter Shruti. The ground
floor of the house consisted of more than 10 rooms and was huge and spacious.The first floor was just
a two bedroom flat.
a. Discuss according to the provisions of the Hindu Succession Act 1956, the rights of Shruti
over the property.
b. Also discuss the applicability of section 14 of the Hindu Succession Act 1956.
1. Who are the sharers under the Sunni and Shia laws? State the shares of each of the sharers under the
conditions they can inherit
Or
2. Zeeshan was a sunni muslim. At the age of 5 he lost his parents and was brought up by one Imran
who was his distant relative. Imran gave his only daughter Joya in marriage to Zeeshan. Imran had
some property which he was managing with the help of Zeeshan.
Imran executed a gift deed in favour of his daughter Joya and her husband Zeeshan.
As per the gift deed they should enjoy the properties during their lifetime. After them the property
must go to their male or female issues and the issues will have absolute right over the property. They
took the possession of the property. A son Salman was born to them.Imran loved his grand son very
much and said he is the only person who can enjoy his property. After the death of Imran, Joya
became very ill .For meeting out her medical expenses Zeeshan had to sell substantial portion of the
property. But still he was not able to save his wife, and in agony Zeeshan also died. Salman was left
alone.
When Salman took possession of the property one Mr.Arbaz claimed to substantial portion of the
property stating that it was sold to him by Zeeshan. He was in possession of a valid sale deed. Salman
claimed that he has no right over the property because as per the gift deed his father had limited
interest over the property .A person who himself had limited ownership cannot transfer a better title to
the alinee and only he has absolute ownership over the property as per the gift deed.
a. Decide the interest of the alinee Mr.Arbaz and Salman over the property. (7marks)
b. A sunni muslim makes a gift of his property to a gurukul. Discuss the validity of the gift made by
him. (3marks)
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Page No.2
i. Mr. W, who has huge personal liabilities for in excess of his assets and
properties, has applied to the court for adjudicating him as an insolvent and
such application is pending.
ii. Mr. X, who was caught red-handed in a shop lifting case two years ago, was
convicted by a Court and sentenced to imprisonment for a period of two
months.
iii. Mr. Y, a former bank executive, was convicted by a Court eight years ago for
embezzlement of funds and sentenced to imprisonment for a period of one
year.
iv. Mr. D is a director of ABC Limited, which has not filed its annual returns
pertaining to the annual general meetings held in the calendar years 2008,
2009 and 2010.
2. Discuss the procedure and requisites of valid meeting of a company.
3. “Generally offers for shares are made on application forms supplied by the company. When
an application is accepted, it is an allotment.” What are the statutory restrictions on allotment
and also mention the General Principles for effective allotment of shares.
4. Buy back of shares is an exercise well regulated. Comment citing recent examples.
5. “Where the third party receives a document sealed in the presence of the appropriate
individuals as stated in the articles of association, he is entitled to rely on its formal validity.
Even if the board have never resolved that the document be sealed, he will be protected for he
is not entitled to see the minutes of the board meeting which relate to a matter of ‘Indoor
Management’ and has no means of checking whether the internal regulations have been
complied with.”
In the light of the above statement, elucidate the Doctrine of Indoor Management and
mention application of the rule by the Indian courts and fine out the exceptions to the
Doctrine of Indoor management.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - VII
LAND LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1.
a. Describe the different categories of revenue officers. Discuss about the status of revenue
inspector? Marks- 6
b. Whether under temporary acquisition and acquisition under urgent situations the publications
of notification and declaration respectively under Sec.4 and Sec.6 are mandatory or not?
Marks- 4
2.
a. “Inherent power has not been conferred on a court, it is a power inherent in a court.” elaborate
the statement. Discuss with the leading cases when the inherent powers can be used and when
cannot be used by the courts? Marks-4
b. A filed an appeal against the order of SDO passed in his original jurisdiction to the Collector,
against the order of Collector passed in appellate jurisdiction appeal was filed to the
Commissioner and against the order of Commissioner the appeal was filed to the Board of
Revenue. Discuss about the power of Board of Revenue to deal with this appeal.
Marks-3
c. Whether the order passes by the Additional Tahsildar can be reviewed by Tahsildar?
Marks-3
3.
a. On what grounds and before what authority can an application for second appeal be filed?
Marks-4
b. Whether can the revision petition be directly made to the Board of Revenue?
Marks-3
c. The SDO passed an order of interim nature in his original jurisdiction. Whether the appeal
can be made to the Collector against this order? If yes, then under which provision, if no, then
what remedy is available to the aggrieved person and under which provision?
Marks-3
4.
a. Describe the mutation procedure? What is the difference between jurisdiction to decide the
dispute under Sec. 110 and Sec. 111? Marks- 5
b. Discuss about the various provisions of Land Acquisition Act, 1894 under which possession
of the land can be taken by the Collector? Marks-5
5.
a. What are the different circumstances under the Land Acquisition Act, 1894 in which
Collector can suo motu refer the case to the Civil Court? Marks-6
b. Write short note on any two of the followings- Marks-4
i. Abadi and Nazul
ii. Record of Right
iii. Field Map
iv. Bhumiswami
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - IX
NATIONAL REGULATION OF INTERNATIONAL TRADE (HONS.)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. What are the main export promotion schemes in India? Are they compatible with India’s
obligations under the WTO? (20)
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - I
ENGLISH
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
4. DO AS DIRECTED
a. Explain the meaning of the following
i. Actio personalis moritur cum persona
ii. UBI JUS IBI IDEM REMEDIUM
iii. Ignorantia legis semi nem excusat
iv. Conscius fraudis
Page No.-1
c.
i. I don’t know; what should I do. (Make a simple sentence)
ii. “Come here,” he said to me. (Indirect)
iii. One of my brothers__ Shyam. (Write the correct verb form of ‘be’).
iv. Write a letter (Passive).
5.
a. Explain the meaning of the following.
i. Actus non facit reum, nisi mens sit rea
ii. Lex Loci
iii. Namo dat quod remedium
iv. In pari delicto
c.
i. You are quite clever; you know it well. (Make a simple sentence)
ii. Rhea does not like hot weather. Rhea does not like cold weather. (Combine
the two sentences using ‘neither—nor’)
iii. He (live) in Raipur since 1964. (Rewrite using the correct form of verb)
iv. Roses are lovely flowers. (Change into singular).
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Page No.-2
Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - III
LAW OF CONTRACT-II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. “Agency in Law connotes an authority or capacity in one person to create legal relations
between a person occupying the position of principal and third parties” critically examine the
concept of ‘agency’. Explain the duties of an agent to the principal.
2. Explain the legal position of a sub-agent vis-a-vis the principal, agent and third parties.
Considering both the cases (i) When the sub-agent is duly appointed and (ii) When he is
appointed by the agent without due authority.
On December 20, 1975 a suit is filed on behalf of a firm which had already applied for
registration before filing the suit. The registration was effected on December 25, 1975. Can
the suit be dismissed by the court on the ground of non registration of firm?
(5 Marks)
4.
a. The old rule of ‘Caveat-Emptor’ is subject to exceptions. Discuss the rule and its
exceptions.
b. ‘A’ purchase a nylon underwear from a hosiery shop. Due to presence of some
chemical used as a bleaching in the garment. ‘A’ develops skin disease. Discuss the
remedies of ‘A’ against (a) The Shopkeeper (b) The manufacturer of the garment.
Will it makes any difference if it discovered that ‘A’ was allergic to nylon?
5. “No one can pass a better title than he himself possesses.” Discuss this principle and its
exceptions.
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Hidayatullah National Law University, Raipur
End Term Examination, November - 2010
SEMESTER - IX
IPR – COPYRIGHT (HONS.)
1. With the help of relevant provisions and decided case laws answer both questions:
a. Is an upholstered chair liable to get protection as ‘Artistic work’ under the Copyright
Act, 1957.
b. X, a famous painter, was asked to make a painting for an exhibition where it was
displayed for only a single day and later shifted to the work area. Is any of the rights
of the painter under the Copyright Act violated.
2. The Indian Copyright Act, 1957 was enacted to protect original works of creativity. But apart
from protecting these works the Act also recognizes certain ‘neighbouring rights’. Comment,
with the help of relevant statutory provisions and decided case laws, to what extend the
Copyright Act ensures the protection of these so called neighbouring rights.
3. “One of the surest and safest test to determine whether or not there has been a violation of
copyright is to see if the reader, spectator or the viewer after having read or seen both the
work is clearly of the opinion and gets an unmistakable impression that subsequent work is
the copy of the original”. Comment.
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