QP End Term April 2013

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I.D. No.

___________________
End Term Examination, April-2013
SEMESTER – II, B.A.LL.B. (Hons.)
LAW OF CONTRACT - I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a. Define ‘Proposal’ as mentioned under Indian Contract Act, 1872.
b. What is the difference between executed and executory Contract?
c. What do you meant by Quasi Contract?
d. A, a diamond merchant leaves goods at B’s house by mistake B treats the goods as his
own whether B will be held liable or not under which provision of Indian Contract
Act.
e. Shyam Proposes by letter to sell his motorbike, to Atul for Rs. 50,000.
In the above illustration
i. When the communication of proposal is complete
ii. When will the communication of acceptance be complete against Shyam.
f. What do you mean by Duress?
g. What is the sound mind for the purpose of contracting? Which provision of the Indian
contract Act defines it?
h. What is the difference between illegal and void agreements?
i. A promises to give B Rs. 1,000 for no consideration. Explain whether it will be a
valid agreement?
j. “Agreement in restraint of marriage of any person, other than a minor is void”. Which
section of Indian contract Act, 1872 defines it.

2.
a. ‘A’ sells his mare to ‘B’. Before sale ‘A’ says to ‘B’ that his mare is healthy, while
she is not healthy though ‘A’ was under the belief that his mare is healthy. Can ‘B’
revoke the aforesaid contract?

b. Explain agreement in restraint of legal proceedings.

3.
a. ‘A’ knows that the railway company will not give him the contract. Thus, ‘A’ makes
an agreement with ‘B’ under which ‘B’ is to apply for the contract and after the
contract being obtained ‘A’ will work as actual contractor. ‘A’ files suit to enforce the
agreement. Will he succeed?

b. Explain the Doctrine of Restitution with reference to Indian and English Law.

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I.D. No. ___________________

4. “An agreement by which anyone is restrained from exercising a lawful profession, trade or
business of any kind, is to that extent void.” With reference to the above mentioned
statement, explain the concept of Restraint of Trade and its limitations.

5. Section 56 of the Indian Contract Act, 1872 defines, “An agreement to do an act impossible
in itself is void”. What are the grounds on which the performance of contract is deemed
impossible? Elucidate with the help of cases and illustrations.

6. State the facts and discuss the principles of law laid down in the land mark case of, Mohri
Bibi vs. Dharmodas Ghosh (1903) 30 Cal. 539.

7. Write short notes on the following:-


a. Agreement by way of wager (3 Marks)
b. Finder of Goods (2 Marks)
c. A promises B for making a picture by a particular date for a fixed price but he dies
before that date. B institutes a suit against the representatives of A. Can he compel the
representatives of A for performance of Contract? Explain with the help of relevant
provisions. (5 Marks)

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I.D. No. ___________________
End Term Examination, April-2013
SEMESTER – IV, B.A.LL.B. (Hons.)
PUBLIC INTERNATIONAL LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Explain the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a. Archipelagos
b. Consuls
c. Jus Cogens
d. Ratification of Treaty
e. Protectorate State
f. Vassal State
g. Rebus Sic Stantibus
h. Pacta Sunt Servanda
i. Reservations in Treaty
j. Pacta Tertiis Nec Nocent Nec Prosunt

2.
a. A World Cup Football Match was going on between Brazil and USA in Bangalore
Chinnaswamy Stadium in India. One Brazil player Mr. Gonsaloz hit the player of
USA Team and a fight started between the members of the two teams. The referee
who was from Mexico tried to stop the fight. However, the referee was hit by one of
the player of US Team and got injured badly and subsequently he died. The
Bangalore Police registered a case and arrested the US player. The US Government as
well as Mexican Government objected the jurisdiction of India over the matter and
claimed their jurisdiction to deal with the matter. On the basis of relevant international
law regarding criminal jurisdiction of states, discuss the claim of India, USA and
Mexico in this matter. (6 Marks)

b. Discuss the meaning of State responsibility and explain under what circumstances a
State is responsible for the loss caused to a foreigner due to mob violence. (4 Marks)

3.
a. ‘Christina’, is a commercial ship registered in Sri Lanka, however all the officers
including the captain were from France. On 22 January 2013 while Christina was 20
nautical miles from Gujarat port, they started dumping some waste materials in the
sea. Some Indian fishermen who were in a country boat saw this and objected. The
ship opened firing and one fisherman got killed. It was found that Mr. Mathew, had
shooted the fisherman under the wrong presumption that, they were pirates. Gujarat
Police registered a case and arrested Mr. Mathew. The Sri Lankan government
objected the jurisdiction of Indian Courts over this matter. The French government
also intervened and objected the jurisdiction of Indian Courts. On the basis of relevant
international law relating to sea, discuss the jurisdiction of India and Sri Lanka in this
matter. (4 Marks)

b. What do you meant by Contiguous Zone and Exclusive Economic Zone. Explain the
various circumstances in which a state can exercise jurisdiction in High Sea.
(6 Marks)

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I.D. No. ___________________
4.
a. Mr. Madison, a Canadian IT expert was working in TEL Co. a leading software
company in India. He was working in the Delhi office of TEL Co. He used his expert
knowledge to open the password protected systems in TEL Co. Delhi Office and
collected vital information regarding TEL Co. The Delhi police registered a Case for
Digital Theft and issued an arrest warrant as per the provisions of IT Act, 2000. He
sought Asylum in US Embassy in New Delhi. The embassy granted the asylum. India
objected the grant of Asylum by US Embassy. Subsequently Mr. Madison went to
China. In China collecting information from computer of other’s is not an offence.
Though there is no extradition treaty between India and China, India requested China
to extradit Mr. Madison, China however rejected the request.

i. Discuss the legality of Asylum granted by the US Embassy. (2.5 Marks)


ii. Whether the rejection of extradition by China is justifiable under International
Law? (2. 5 Marks)

b. Discuss the law relating to Extradition under International Law. (5 Marks)

5. Discuss the important steps involved in formation of a Treaty and explain the various grounds
on which a Treaty can be invalidated.

6. Distinguish between various types of Diplomatic Personnels and explain their special rights
and privileges as per the Vienna Convention on Diplomatic Relations, 1961.

7. Short Notes on:


a. Recognition of Belligerency and Insurgency and its significance under International law.
b. What are the various circumstances by which a state can acquire territory under
International Law?

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I.D. No. ___________________
End Term Examination, April-2013
SEMESTER – VI, B.A.LL.B. (Hons.)
CORPORATE LAW - II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
2. Answers should be well structured and analytical in approach.
3. Refer to relevant provisions to support your answers.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
i. What do you mean by the term Secondary Market?
ii. What are Credit Rating Agencies? Give two examples?
iii. Briefly explain the meaning of the tem New Issue Market?
iv. What is a Statement of Affairs?
v. What do you mean by the term Preferential Payment?
vi. Who is a Provisional Liquidator?
vii. What is the scope of the term Derivative Action?
viii. What is the relevance of a Declaration of Solvency?
ix. What is E-Governance?
x. What is Insider Trading?

2.
a. Explain the scope of the term ‘Contributory’ and briefly discuss the nature and extent
of its liability. Also mention the status of the persons, who shall be liable to be treated
as contributory on the winding up of a company. (Marks: 4)

b. There is no power given in the Companies Act or in any other Act, by which a
company duly incorporated can be got rid of unless it can be got rid of by being
extinguished by the section of the Act which provides for the winding up of
companies. Thus a company is brought into existence, by a legal process and when for
any reason, it is desired to end its existence; it must again be by the process of law.

Do you agree? What do you mean by the compulsory winding up and who can apply
for it? With respect to the above paragraph, elaborate in detail grounds for
compulsory winding up by court giving special reference to the ground of inability to
pay its debts. (Marks: 6)

3.
a. “The preliminary duty of a liquidator is to conduct equitably and impartially, and
according to the provisions of the Act, the proceedings in the winding up of the
company whose liquidator he is appointed”.

Briefly contemplate on the status, powers and duties of a Liquidator in a winding up


proceeding. (Marks: 5)

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I.D. No. ___________________

b. Discuss the provisions of SEBI Act 1992 with respect to the right to appeal before the
Securities Appellate Tribunal (SAT). (Marks: 5)

4. Write short notes on: (any two) (Marks: 5X2=10)


a. Consequences of Winding up order.
b. Relation between Liquidation, Winding up and Dissolution.
c. Depository – A system

5. What is the scope of the term “Voluntary winding up”. Explain in detail the provisions
related to the different types of voluntary winding up. (Marks: 10)

6.

a. The increase in the size of the industrial units and business corporations due to
technological developments, economies of scale and other factors has created a
situation wherein the capital at the disposal of one or few individuals is quite
insufficient to meet the growing investment demands. A developed capital market can
solve this problem of paucity of funds as it provides a number of profitable
investment opportunities.

Justify the above statement. Discuss elaborately the structure, constituents and role of
the Capital market towards the growth of Indian economy. In doing so also discuss
the evolution of Indian Capital Market and the remarkable reforms that has taken
place in the recent past. (Marks: 07)

b. Write a note on Dematerialisation of Securities. (Marks: 03)

7. “The role of Controller of Capital Issues in the Finance Ministry needs to be reviewed,
especially in the context of the emerging industrial & financial scenario. The practice of
Government control over capital issues, as well as well as over the pricing of issues, has lost
its relevance in the changed circumstances of today. It is therefore proposed to do away with
Government control over capital issues including premium fixation. Companies will be
allowed to approach the market directly provided the issues are in direct conformity with
published guidelines relating to disclosure and other matters related to investor protection.
Government proposes to bring necessary legislation to implement this decision” – Dr.
Manmohan Singh, Finance Minister in his budget speech for the year 1991-92.

In light of the above paragraph, critically discuss the historical backdrop, need and
importance of SEBI in the capital market. With the help of the important provisions of the
SEBI Act 1992, also discuss the jurisdiction, powers and function of the Board.
(Marks: 10)

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I.D. No. ___________________
End Term Examination, April-2013
SEMESTER – VIII, B.A.LL.B. (Hons.)
C.G. – FEDERALISM (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a. What do you mean by Doctrine of Pith and Substance?
b. Define the term Fiscal Federalism.
c. What is meant by Federalism?
d. Distinguish between Constitution and Constitutionalism.
e. What is major Role of Planning Commission in the Indian Federal set-up?
f. Distinguish between Federation and Confederation.
g. What is meant by Doctrine of Territorial Jurisdiction?
h. Discuss Full faith and credit clause in brief.
i. Distinguish between Tax and Fee.
j. What is meant by Doctrine of Colorable Legislation?

2. Pointing out the meaning of “Competitive and Cooperative Federalism” discuss the extent to
which the concept of cooperative federalism has been incorporated in the Constitutional Law
of India. Explain, with the relevant examples.

3. “The constitutional scheme of distribution of legislative power weighs heavily in favour of


the Union Parliament.” Critically discuss and elucidate this statement with the help of (i)
Constitutional Provisions (ii) Principles of Interpretation (iii) Judicial Pronouncement.

4. Discuss the meaning of “Executive Power” under the federal scheme of Indian Constitution.
Critically examine the constitutional provisions relating to the administrative relations
between the Centre and States in India.

5. Critically discuss the 73rd & 74th Constitution Amendment Act, 1992 with respect to
Institutions of Local Self Government. Discuss whether the local self government can be
considered as a three–tier government in the scheme of Indian federalism.

6. “Taxes may and do amount to restrictions; but it is only such taxes as directly and
immediately restrict trade that would fall within the preview of Article 301.”

The above proposition of law is correct but “it is subject to clarification that regulatory
measures or measures imposing compensatory taxes for the use of trading facilities do not
come within the preview of the restrictions contemplated by Article 301.”

Critically examine the above statements of law on the point of the regulation of trade,
commerce and intercourse with the help of decided cases and Constitutional provisions.

7. Write short note on any two of the following:


a. Restriction of fiscal power
b. Role of Finance Commission in the Indian Federal set-up
c. Borrowing power of State
I.D. No. ___________________
*************
End Term Examination, April-2013
SEMESTER – VIII & X, B.A.LL.B. (Hons.)
T & I – INTERNATIONAL INVESTMENT LAW (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a. What are the effects of FCN treaties on evolution of foreign investment?
b. Describe in short the ‘Calvo Doctrine’.
c. Who is a ‘private foreign investor’?
d. What does Article 25(2) (a) of ICSID convention tells about giving international
protection to investors?
e. Describe in short the concept of ‘Permanent sovereignity over natural resources of a host
state.
f. What is ‘Creeping Expropriation’?
g. How a ‘legitimate expectation’ can be created by a host state?
h. What do you mean by ‘Umbrella Clause’?
i. What is the importance of ‘Diplomatic Protection’ under International Investment Law?
j. Describe in short the provision of ‘Fork in the road’.

2. Discuss throughly about what are the Sources of Origination of International Investment
Law?

3. Write down about the development of International Investment Law from pre-colonial era to
the era of globalisation.

4. What do you mean by the term ‘Investment’ as per different ‘investment protection treaties’?
Differentiate between ‘portfolio investment’ and ‘foreign direct investment’.

5. Describe how the Nationality of an investor is determined in case of ‘natural’ as well as


‘legal’ personality in International Investment Law?

6. Define Expropriation and its types with appropriate case laws. Is it a right or an obligation of
a Host State?

7. What do you mean by the principle of fair and equitable treatment? Discuss its
implementation with appropriate examples w.r.t. International Investment Law.

*************
I.D. No. ___________________
End Term Examination, April-2013
SEMESTER – VIII, B.A.LL.B. (Hons.)
CLS – CORPORATE FINANCE (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
2. Answers should be well structured and analytical in approach.
3. Refer to relevant provisions to support your ansers.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks: 10x1=10)
a. What do you mean by American Depository Receipts?
b. What is ASBA?
c. Define Convertible Securities as per ICDR 2009?
d. Give four examples of a Qualified Institutional Buyer?
e. What is an IPO?
f. What is a Mutual Fund?
g. What are the constituents of a Capital Market?
h. What do you mean by the term Public Issue?
i. Who is a Banker to an Issue?
j. Name two Credit Rating Agencies in India?

2. Write Short notes on. (any two) (Marks: 5x2=10)


Refer the provision of SEBI (ICDR) Regulations 2009 & Companies Act 1956 wherever
necessary.
a. Rights Issue
b. Allotment and post allotment formalities
c. Debt Finance.

3. GAVASKERS India Ltd. is a reputed company that manufactures leather balls used during
the international cricket matches. With its popularity, increasing demand in the market and
the Indian Premiere League 2013 in action, the BOD in its meeting decided to expand its
range of production activity from leather balls to manufacturing quality bats, all kinds of
guards. Thus it is in urgent requirement for huge amount of funds. The BOD finally through a
special resolution decides to raise capital through public issue and it also proposes to list its
shares at the B.S.E.

Keeping the SEBI (ICDR) Regulations, 2009 in mind, advice the company by stating the
provisions related to public issue (eligibility requirements) the company is supposed to
fulfill/satisfy before going in with the public issue. (Marks: 10)

4. With reference to the SEBI (Merchant Bankers) Regulation 1992, who is a Merchant Banker?
Briefly discuss the necessary regulations related to the registration of a merchant banker, its
obligations and responsibilities. Also, briefly talk about the applicable regulations which
highlight the vital role played by the Merchant Bankers in an issue making procedure with
respect to the SEBI ICDR Regulations 2009? (Marks: 10)

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I.D. No. ___________________
5. What do you mean by the term “Intermediaries”? Explain the position, function and
importance of different types of intermediaries functioning in the Indian Capital Market? In
doing so, give special reference to the provisions related to the appointment and duties of the
Debenture Trustees as per the Companies Act 1956 and the SEBI (Debenture Trustees)
Regulations 1993. (Marks: 10)

6. The management of companies, which have achieved excellent performance consistently,


may like to reward the shareholders by issue of Bonus Shares. There are no restrictions under
Companies Act, 1956 to issue bonus shares, however listed companies have to follow the
provisions mentioned in Chapter IX of SEBI (ICDR) Regulations 2009.

In light of the above, briefly discuss the meaning, rationale and benefits arising out of bonus
issues from the investors, shareholders and companies perspective. In doing so, briefly
discuss the provisions of Companies Act and SEBI (ICDR) Regulations 2009. (Marks: 10)

7. With the integration of world economies and the emerging need for varied, de-risked, diverse
sources of capital, the dependency on multiple external sources has assumed greater
significance, especially in the wake of the present financial crisis. In their continued
endeavors at making India an attractive investment destination as well as an avenue for
raising capital, Indian regulators have made significant changes to the extant regulatory
framework governing Indian Depository Receipts, thus providing a much needed fillip for
fund raising from the Indian markets. The IDRs has now re-emerged as one of the most
potent instruments for foreign companies to tap capital from the large pool of Indian
investors, even as it provides a new opportunity to Indian investors to participate in foreign
equity.

Do you agree? With respect to the above context, briefly discuss the meaning and importance
of a Depository? Keeping the Companies Act and SEBI (ICDR) Regulations 2009 briefly
discuss the entire process for the issuance of IDRs in India giving special emphasis to the
eligibility requirements, conditions and its complete issue making procedure.
(Marks: 10)

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I.D. No. ___________________

End Term Examination, April-2013


SEMESTER – VIII, B.A.LL.B. (Hons.)
IPR – COPYRIGHT (HONS.)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words) :


(Marks 10x1=10)
a. Who is the owner of copyright on lecture delivered by A on behalf of B, employee of C.
b. Write a brief note on pseudonymous work.
c. Write a brief note on posthumous work and term of copyright on it.
d. “Damages and account of profit”. Distinguish between the two.
e. What do you mean by computer programme? Explain.
f. Write a brief note on Reprography with reference to copyrighted work.
g. Write a brief note on Bootlegging.
h. Anton Pillar Order. Describe.
i. What are objectives behind protection of copyright?
j. Explain ‘Mode of assignment’.

2. What are neighbouring rights? Give brief description of the evolution of law relating to
protection of neighbouring rights in India. Actor, musician, producers of sound recordings
and broadcasting organizations have approached you for protection of their rights. How can
you protect their rights and what specific protection and benefits available to them?

3. "Copyright law balances the claims of Private interest and Public interest". Explain the above
statement with the help of concept of fair use and duration of copyright. Explain the
difference between author of a work and owner of copyright.

4.
a. Explain the concept of 'Substantial Copying'. How far do you think that 'Copy' is still
the foundational concept of the copyright law in the present digital environment?

b. Explain liability of Internet Service Providers (ISPs) with reference to Copyright Act.

5. Discuss the civil, criminal and administrative remedies available against the infringement of
copyright under Copyright Act, 1957.

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I.D. No. ___________________

6.
a. A, a composer of music, B, a lyricist and C, a singer were engaged by D for some
commissions, for composing music, writing lyrics and singing respectively for songs.
D paid hire charges of the studio and other charges for recording and took no other
responsibility for recording. He kept the original copy of audiocassette with himself.
A, B, & C, recorded same songs along with other songs and started selling cassettes.
D filed a suit against A and B arguing that the copyright in lyrics and music vests in
him as he employed A & B on contract of service. A & B denied it and contended that
they are owners of music and lyrics of the songs and also D had taken no
responsibility for making cassettes expect for paying hire charges, hence he is not the
producer and has no right on it. Decide and refer relevant judicial decisions.

b. Discuss the role of copyright societies to protect the interest of copyright owners?
With case laws.

7.
a. Discuss the principles laid down by Supreme Court in the case of RG Anand v. Delux
film. Explain the distinction between idea and expression of Idea as given in the
judgment. In this context explain the importance of the dichotomy between Idea and
Expression of Idea with the help of illustrations and case laws.

b. A cricket match is organized by BCCI between India and Pakistan and Cheerleaders
also performed dance during the match, if such a match is broadcasted, now decide-

 What kind of rights are possessed by BCCI


 Whether Cheerleaders and players can claim moral rights and economic rights
of performer
 Whether stale news related to such match are subject matter of copyright

*************

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I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hons.), SEMESTER – II
ENGLISH LITERATURE
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Write the seven stages of life in ‘All the world’s a stage’.
b. What advice did Nani Palkhivala give in his convocation speech?
c. What does Phelps say about books in ‘The pleasures of books?
d. What shows that the verger was emotionally attached to his work?
e. Write the character sketch of Gabriel Grub.
f. Why did Russell believe in four hours work for everyone?
g. Write the central idea of ‘old age gets up’.
h. Write the gist of ‘Casablanca’
i. What were the turning points in Aksionov’s life during his imprisonment?
j. Write about M.C. Setalvad’s education and joining the bar.

2. Describe the inspirational speech ‘Tryst with Destiny’.

3. Write critical analysis of ‘The Slave’s Dream’.

4. Explain Portia’s Speech on mercy.

5. Write Nunez’s experience in the strange place.

6. Did the nightingale’s sacrifice go futile? Explain.

7. Describe all that Della goes through to get the gift.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hons.), SEMESTER – IV
ENVIRONMENTAL LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
2. Refer cases wherever necessary
1. Explain the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a) Differentiate between Inter-Generational Equity and Intra-Generational Equity?
b) What is the importance of Precautionary Principle in protection of Environment?
c) Define Air Pollution.
d) Differentiate between Absolute Liability and Strict Liability Principle.
e) What is Public Trust Doctrine?
f) What is Tort of Nuisance?
g) What is Sustainable Development?
h) What is Polluter Pays Principle?
i) Define the term ‘Climate Change’.
j) Explain the term ‘Biodiversity’.
2. “The Stockholm Conference had immense value in drawing attention to the problem of environmental
deterioration and methods to prevent or remedy it. The Conference was global both in its planetary
conception of the environment, and in its view of institutional structures and world policies. It was
also global in addressing all the major environmental themes of the time”—
a. In the light of above statement, discuss the main aims and objectives of the Stockholm
Conference. (04 Marks)
b. Highlight the important principles of Stockholm Declaration on Human Environment, 1972.
(06 Marks)
3. There is one shopping complex in Raipur City in front of Collector office. Behind this shopping
complex, there is huge accumulation of garbage and unhygienic condition is also prevailing. Local
authority is well aware about this prevailing situation. Nearby people and residents in that area are
suffering with polluted atmosphere and nuisance. One non-governmental organization ‘Sahara’ in that
area had sent one letter to District Magistrate but nothing was done in that regard.
a. In such background non-governmental organization ‘Sahara’ has approached to you for legal
advice, what suggestions will you give to Sahara? (05 Marks)
b. What legal provisions and authority will you take into consideration at the time of giving
advice? (05 Marks)
4. “Article 21 guarantees a fundamental right to life – a life of dignity, to be lived in a proper
environment, free from danger of disease and infection”. Elaborate this statement and highlight the
innovative role played by Indian Judiciary in the field of environmental protection.

5.
a. Discuss the salient features of the Environment (Protection) Act, 1986. (06 Marks)
b. Discuss how the Environment (Protection) Act, 1986 is considered as ‘enabling legislation’?
(04 Marks)

6. Discuss the constitution, composition, power and functions of Central Pollution Control Board and
State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974?

7. Write short notes on any TWO of the following:


a. Brundtland Commission Report
b. Salient features of the Wildlife Protection Act, 1972
c. Importance of the 42nd Constitution Amendment Act, 1976
I.D. No. ___________________
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End Term Examination, April-2013
B.A.LL.B. (Hons.), SEMESTER – VI
INTELLECTUAL PROPERTY RIGHTS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
i. What is fair dealing of copyrighted work?
ii. Who would be copyright owner of photograph taken?
iii. Well-known trademark. Define.
iv. Write a brief note on first and true inventor of an invention.
v. Assignment of copyright. Explain.
vi. Write a brief note on posthumous work and copyright term on it.
vii. Write a brief note on Passing-off.
viii. Write a brief note on Secret patent.
ix. Copyright term of performer’s right.
x. What do you understand by neighbouring rights?
2. What do you understand by infringement of copyright? Discuss the civil and criminal remedies
available against infringement of copyright.
3. What is criterion to get patent on an invention? When an invention cannot be patented?

4. Write short notes on following:-


a. Who is performer? Discuss rights of performer.
b. X had registered trademark “Ayur” in Hindi Script for cosmetic products and was using it for
a long period of time. X’s mark has become well known and gained reputation. Y started
using mark “Ayur” in Hindi Script for foot wears in year 2002. X filed a suit for passing-off
against Y. Y contended that he is using the mark on different products and there cannot be
any deception or confusion. Decide.
What kinds of remedies are available to X against Y under Trademarks act, 1999?
5. Write short notes on any two of the following topics-
a. Geographical indication of goods.
b. Protection of breeders and farmers right under Plant Varieties and farmers rights act, 2001.
c. Discuss design protection in India. How it is different from artistic work under Copyright
Act?
6. What is trade mark? Explain absolute grounds of refusal of trademark. In which circumstances two or
more than two person may be authorized to use similar trademark?
7.
a. “A man is not allowed to sell own goods under pretence that they are goods of another man”.
In the light of above view, discuss the distinction between passing off and infringement
action.
b. According to Sec, 3 of Patent Act - an invention which may hamper environment or health of
human being or containing living organism cannot be patented but why are patents being
granted on inventions which are hampering environment and health of human being or
containing living organism? Explain with reasons. Give at least one example of a patented
invention which contains living organism.

*************
I.D. No. ___________________

End Term Examination, April-2013


B.A.LL.B. (Hons.), SEMESTER – X
PROFESSIONAL ETHICS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. State the Qualifications required for a person to get enrolled as an Advocate?
b. Explain Professional misconduct under the Advocate Act 1961?
c. Explain fiduciary relationship between advocate and his client?
d. What do you understand and by the term Bench Bar relation?
e. Define civil contempt?
f. Explain How Lawyers are considered to be Social Engineers?
g. State the Authority to whom application for enrolment may be made under the
Advocates Act, 1961.
h. Discuss briefly regarding Dress of Advocates?
i. State the class of persons entitled to practice the profession of law under the
Advocates Act, 1961?
j. Explain Lawyer is not mere mouth piece of his client?

2. Discuss the Composition, Powers and functions of the Bar Council of India with the help of
Statutory Provisions?

3. What do you mean by civil contempt? What acts amounts to civil contempt? Discuss the
ingredients of civil contempt with the help of leading cases?

4. Discuss the duty of a Lawyer towards his client and court?

5. Discuss the Essential Skills of a Lawyer for becoming Successful in Legal Profession?

6. Explain the role played by the University Grant Commission (UGC) in regulating Legal
Education in India?

7. Discuss the Impact of British regime on the development of Legal Profession in India?

*************
I.D. No. ___________________
End Term Examination, April-2013
LL.M. (SEMESTER – II)
JUDICIAL PROCESS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. How far literal rule of interpretation is adopted by judiciary in ascertaining the meaning of
provisions of a statute? Is it relevant and proper for Taxing and Penal statutes? Support your
answer with case laws.

2. Can Judges of the supreme court of India be made accountable to the people of India? What
do you understand by Democratic accountability?

3. What do you mean by “realism”? Discuss the role of American Realists towards upliftment of
Judicial Process.

4. Discuss how far Judges, Lawyers and Law Schools are playing role to judicial problem. Also,
briefly narrate the issues which affect judicial process.

5. “Legislation and Precedent both should go together to strengthen Judicial Process.”

In the light of above compare and contrast between legislation and precedent and mention
their importance towards growth of judicial process in India.

6. Write notes on the following (any two)


a. Judicial Discretion.
b. Judicial Reasoning
c. Subjective and objecting influence on judicial decision.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VIII & X
C.G. – JUDICIAL REVIEW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a) Distinguish between review and revision.
b) What is meant by writ of certiorari?
c) What do you mean by doctrine of severability?
d) What comes within the preview of ‘Law’ as given under article 13(3)?
e) What do you mean by doctrine of waiver?
f) Whether Supreme Court of India has power to review its own judgments or orders?
g) Whether President’s power under Article 72 can be examined by the court by way of Judicial
Review?
h) What are the bases of Judicial Review?
i) Judicial Review of ordinance making power of Governor.
j) Application of the principle of ‘res judicata’ to writ petitions

2. 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?

3. From the point of the view of the exercise of judicial review what distinction has been made between
the judicial review of the constituted power and the constituent power? Does the use of constituent
power of Parliament in Article 368 (1) of the Constitution of India make any difference in
reviewability of the constitutional amendments?

How far the doctrine of ‘the basic structure has’ served the objective of putting the limitation on the
excessive use of the amending power of the Parliament?

4. Judicial review means the power of the courts to declare the acts of the coordinate branches of the
Government i.e. the Legislature and the Executive, unconstitutional if found overstepping the
constitutional bounds. The range of judicial review rests between judicial self-restraint and judicial
activist. Judicial activism is the extended phase of judicial creativity. Discuss the theories and models
of judicial creativity. How Indian judiciary has expanded the scope of judicial review through
activism and what have been the tools for doing so?

Critically examine the above statement with help of relevant principles and decisions on the point.

5. What are the various grounds of judicial Review of Administrative Action? Examine in detail
‘Irrationality’ and Illegality’ as grounds of judicial Review with the help of decided cases in India.

6. Accountability and Independence of the judiciary are not appositional but complimentary concepts.
Against the backdrop of this statement, discuss the latest developments in the area of judicial
accountability in India. Give your suggestions to make accountability more meaningful.

7. The Governor of a State Y submits a report to the central government standing that there is
breakdown of law and order in the state and recommending imposition of President’s Rule there. The
President issues a Proclamation under Article 356 even though the Chief Minister of the state enjoys
support of the majority or the legislature assembly.
What is the extent of judicial review in such matters if the imposition of President’s Rule were to be
challenged?

Can the Proclamation be set aside and the government restored? Decide citing precedents.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – II
FAMILY LAW – I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Name the schools of Hindu Law.
b. Is custom a formal source of Muslim Law?
c. Name the ancient sources of Hindu Law.
d. Discuss main characteristics of Mitakshara school of Hindu Law.
e. Define Dower under Muslim Law.
f. Name the grounds of void marriage under Hindu Law.
g. What is meant by Sunna under Muslim Law?
h. What is meant by Judicial Separation?
i. What is meant by Fasid Nikah?
j. What is meant by Restitution of Conjugal Rights under Hindu Law?

2. Define ‘Hindu’ for the purpose of application of codified Hindu Law. Who are the persons to
whom the codified Hindu Law does not apply?

3. Discuss the nature of and essential conditions for a valid Hindu Marriage.

4. Discuss the various grounds for a decree of divorce under Hindu Law with special reference
to ‘Cruelty’ as a ground of divorce.

5. What are the various sources of Muslim Law?

6. Discuss various modes of dissolution of Muslim marriages.

7. Explain any two of the following:-


a. Various Prohibitions in a valid Muslim marriage.
b. Meaning, nature and kinds of Dower.
c. Origin, development and characteristics of Schools of Muslim Law.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – IV
CONSTITUTIONAL GOVERNANCE - II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
1. Explain the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What is Special Leave Petition?
b. Explain the concept of Compensatory Tax.
c. Describe the Residuary Power of Parliament.
d. Why provision of amendment is needed to the Indian Constitution?
e. What are grounds of proclamation for State Emergency under Article 356?
f. Explain the Ordinance making power of the Governor.
g. Explain the doctrine of Colourable Legislation.
h. What was held in the case of Atiabari Tea Co. Ltd. V. State of Assam?
i. What do you mean by pardoning power of the President?
j. What is Judicial Review?
2.
a. Mr. Z, a non MLA in Chhattisgarh Assembly was appointed as Minister. He continued as a
Minister for 5 months and 29 days. Later, he resigned as Minister because he could not get
himself elected to the Assembly within 6 months. After gap of 2 months, he was again
inducted as a Minister. Comment on the validity of his subsequent appointment as Minister
according to the Constitutional provision. (5 Marks)
b. Explain the concept of Curative Petition and its grounds on which one can approach the
Supreme Court of India. (5 Marks)
3. “The Parliament’s power to amend the Constitution is Supreme, but subject to certain implied
conditions.”
Critically examine the above statement with the help of leading cases and explain procedure laid
down under Article 368 of the Constitution of India.
4. Discuss the provisions regarding proclamation of National Emergency and State Emergency as
provided under Indian Constitution. How do they affect the legislative and financial relation between
the Union and the States?

5. “All obstructions or impediments, whatever shape they take, to the free flow of trade or non-
commercial intercourse offend Article 301 of the Indian Constitution.”

In the light of above statement, describe the freedom of trade, commerce & intercourse and various
restrictions as provided under Articles 301-307 of the Indian Constitution.

6. “The independence and impartiality of the judiciary is one of the hallmarks of the democratic set-up
of the Government. It is the first condition of Liberty and rule of Law in a democracy.”
In the context of above statement, discuss the jurisdiction of the Supreme Court of India in detail.
7. Write short note on any two of the following:-
a. Financial Emergency.
b. Impeachment of the President.
c. Anti Defection Law.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VI
JURISPRUDENCE - II
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Define Legal Person.
b. Define Ownership.
c. Define Possession.
d. Explain the Literal Rule of interpretation.
e. Define Legal Right.
f. Define Duty.
g. Explain the concept of Judicial Precedent.
h. Define Legislation.
i. Explain the Deterrent Theory of Punishment.
j. What is ‘Will theory’ of right?

2. Discuss judicial precedent as a source of law. What part of the judgment is binding for the
future courts? Do you agree with the statement that judges also make law; give suitable
arguments in support of your answer?

3. What are the various theories of punishment? Which theory you think is the most appropriate
and relevant in the modern times particularly in relation to the crimes being committed
against women?

4. Discuss the meaning, elements or characteristics and kinds of legal rights.

5. Discuss the various kinds of ownership and the role of the concept of ownership in the
modern times.

6. Why possession is known as the nine points in law. Discuss the concepts of possession in law
and possession in fact with the help of decided cases.

7. Write short notes on any two of the following:


a. Hohfeld’s classification of legal rights and correlated concepts.
b. Golden Rule of interpretation.
c. Judicial Activism in India

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VIII & X
CLS – CORPORATE REGULATION
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What is the basic difference between Company and Partnership?
b. What do you understand by Accountability in Corporate Governance?
c. What do you mean by Market Watch-Dog?
d. What is meant by Derivate Action of Shareholders?
e. Who is known as Compliance Officer of the Corporation?
f. Who are authorized to inspect the Books and Accounts of the Corporation?
g. What is the nature of the duty of Merchant Banker?
h. Who is known as Depository Participant?
i. Who are entitled to Sweat Equity Shares?
j. What do you understand by “Comply or Explain” in CSR?
2. “Buy back of shares is an exercise well regulated.” Comment citing recent examples/case laws.
3. “A Public Limited Company has no obligation to have its shares listed on a recognized Stock
Exchange. But if the company intends to offer its shares or debentures to the public for subscription
by the issue of a prospectus, it must before issuing such prospectus, apply to one or more recognized
stock Exchanges for permission to have the Securities intended to be so offered to the public to be
dealt with in each such Stock Exchange.”
In the light of the above statement, explain critically the procedure for listing of securities on
Recognized Stock Exchanges in India under the provisions of the Securities Contract (Regulation) Act
1956 and also enumerate the role of Securities and Exchange Board of India (SEBI) in case of
violation of these provisions with the help of recent case laws.
4. Securities and Exchange Board of India (SEBI) received complaints from Investors alleging that
‘ABC’ Limited and some Stock Brokers are indulging in price manipulation in the shares of ‘ABC’
Limited.
In view of the above complaint, explain the powers that can be exercised by SEBI in this regard under
the provisions of SEBI Act, 1992 and also Specific Regulations made under this Act, in case the
allegations are found to be correct.
5. “Corporate governance is concerned with holding the balance between economic and social goals and
between individual and communal goals. The governance framework is there to encourage the
efficient use of resources and equally to require accountability for the stewardship of those resources.
The aim is to align as nearly as possible the interests of individuals, corporations and society.”
In view of the above statement, enumerate the principles of corporate good Governance and examine
Clause 49 of Listing Agreement of Stock Exchanges in general and role of Audit Committee in
particular in the context of the Companies Bill, 2012.
6. Enumerate the voluntary guidelines of Corporate Social Responsibility and examine how far these
voluntary guidelines of Corporate Social Responsibility work over the Corporations and also examine
the relevant provisions, Clauses and Schedules in Companies Bill, 2012 regarding the mandatory
provisions of Corporate Social Responsibility.
7. Short Note (Answer any TWO of the Following)
a. Self-Regulatory Organizations (SRO);
b. Capital Market;
c. Dematerialization of Securities under Depositories Act, 1996;
d. E-Governance.

*************
End Term Examination, April-2013
I.D. No. ___________________
B.A.LL.B. (Hon’s.), SEMESTER – VIII & X
IPR – TRADE MARK
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Whether the bona fide use of a registered trade mark by an authorised user, not
registered as a registered user, will be treated as use by the registered proprietor for
the purposes of section 47(1)(b) of the Trade Marks Act, 1999?
b. Explain the concept of character merchandising.
c. Explain the concept of trafficking in trade marks.
d. Explain the concept of naked or bare license.
e. Distinguish licensing of trade marks from assignment of trade marks.
f. Explain associated trade mark.
g. Explain the effect of acquiescence under section 33 of the Trade Marks Act, 1999.
h. Explain mareva injunction.
i. What do you understand by the concept of “central-attack” under the Madrid
Protocol?
j. Explain national exhaustion in the context of parallel import.

2. Write a detailed note on the initiatives undertaken at the international level for the protection
of trade marks.

3. What do you mean by the proposed use of registered trade mark? Explain the grounds for
the removal of a registered trade mark from the trade mark register. How is removal different
from rectification?

4. Ramesh is the registered proprietor of the trade mark “fabful” under the Trade Marks Act,
1999 in respect of readymade garments. He licenses his trade mark to Rajneesh who is
registered under the Act as the registered user. In the agreement it was clarified that Rajneesh
can only use the trade mark for readymade garments. After this, Rajneesh also starts using
this trade mark for his footwear products. This is opposed by Ramesh on the ground that the
trade mark was licensed only for the readymade garments. In response to this Rajneesh
argues that Ramesh never had registration of the trade mark for footwear products and
therefore, he cannot stop him from using it in relation to such products by merely referring to
the terms of the agreement. He further argued that a licensor must possess certain rights, so as
to stop the licensee from exercising such a right. To this, Ramesh refers to section 29(4) of
the Trade Marks Act, 1999 which gives protection to a registered trade mark from
disparagement even if the same is not used in relation to the goods for which it is registered.
Decide the dispute keeping the rival contentions and the relevant provisions of the Trade
Marks Act, 1999 in mind.

5. Explain the relevance of section 49(1)(b)(i) and 50(1)(d) of the Trade Marks Act, 1999 in
relation to quality control by the licensor over the use of the trade marks by the licensee.
Whether the practice of naked licensing would be inherently deceptive under the Trade
Marks Act, 1999? What kind of impact character merchandising may have in relation the
measure of quality control by the licensor?
Page – 1/2
I.D. No. ___________________
6. A is the manufacturer of Chayawanprash and the registered proprietor of “Ambar” trade
mark. B is the manufacturer of what it calls as Amritprash and the registered proprietor of
the” Nimami Amritprash" trade mark. In an advertisement campaign started by B,
Chayawanprash was shown as something which is not to be consumed in summers as the
same may have some adverse impact on one’s health as suggested in the outcome of some
scientific investigations. A files a suit of infringement against B seeking injunction against
the advertisement under section 29(8) of the Trade Marks Act, 1999 claiming that the
advertisement is detrimental to the generic product Chayawanprash and A having the largest
market share in Chayawanprash in India will suffer the most because of this. Against this B
argues that the advertisement did not name Ambar and the fact that Chayawanprash is a
generic name the advertisement can’t be called as disparaging a trade mark for which one can
invoke section 29(8) of the Trade Marks Act, 1999. B also argues that the references of
scientific investigations are in fact true and not fabricated. To this, A also submitted several
scientific studies suggesting a contrary inference. Decide, whether an order of injunction can
be granted in this case or not.

7. “Indian courts have consistently and rigidly disapproved the attempt by Indian trade and
industry to bask in the warmth of, and make illicit profit from, a reputation not earned
legitimately by their own effort but built by others elsewhere, by the short circuit of trickery
and passing off and thus protected not only private rights but commercial morality and thus
expanded the scope of passing off action to meet that end. But this approach must be
confined to same or similar products or at the most closely related products and services. It
is moreover somewhat odd that marks not registered in India, not used in India, with
reputation not established in India by carrying on business in India, would yet be protected in
India on the basis that their reputation elsewhere is known in this country due to publicity in
the media whereas statutory protection cannot be acquired for them in India for the reason
that they are neither used in India nor proposed to be used in India by a registered proprietor
or by a registered user.” Critically examine the given observation of the Delhi High Court in
the case of Rob Mathys v. Synthes, 1997 PTC 669.

*************

Page – 2/2

End Term Examination, April-2013


I.D. No. ___________________
LL.M. (SEMESTER – II)
RESEARCH METHODOLOGY
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. “Research is the very essence of the process of acquiring new knowledge.” In the
context of the above statement explain the meaning, significance and objectives of
Legal Research. (6.5 Marks)

b. Explain the various steps to be followed in a Doctrinal Research with the help of topic
‘Child Labour and the Indian Legal Framework’. (6 Marks)

2.
a. “Formulation of the research problem is the first step in a research”. Explain the
meaning and importance of a Problem for a legal research. Discuss the essential
conditions and criteria for a good research problem. (10.5 Marks)

b. Prepare a ‘Title’ and ‘Research Problem’ for a non-doctrinal study on the topic of
‘Environmental Pollution’ ( 2 Marks)

3.
a. Explain the meaning, significance and characteristics of a‘Research Design’ in legal
research. Discuss the parts of a ‘Research design’ and the aspects to be considered
while making a ‘Research Design’. (10.5 Marks)

b. Enumerate the different types of Research Design. (2 Marks)

4. Write a note on the various methods of data collection in a socio-legal research. Also discuss
the merits and demerits of each method. (12.5 marks)

5. A vast planning and preparation is required for writing a research report. Explain the contents
of a Legal Research Report. Discuss the essential criteria and the precautions to be taken for
writing a good legal research report. (12.5 Marks)

6. Write Short Notes on any Two of the following:


a. Lecture Method and Interactive Method of Teaching
b. Characteristics of a Good Sample
c. Hypothesis
d. ‘Sources’ of Data and ‘Types’ of Data in a legal research

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VI
POLITICAL SCIENCE (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What do you mean by public policy and how is it different from public administration?
b. Define the relationship between governance and public policy.
c. What do you mean by institutional approach to studying public policy?
d. What is the ‘stages model’ of studying public policy?
e. What do you mean by a trade regime?
f. What do you mean by public interest groups and what specific problems are associated
with it?
g. What are the fourteen principles of management prescribed by Henry Fayol?
h. What is a policy think Tank and how it is different from a research organization?
i. What is rational legal authority and how is it exercised?
j. What is the difference between policy analysis and policy evaluation?

2. Define public policy and discuss as to how public policy can help promote good governance?

3. What are the important approaches to studying public policy? Discuss a particular
social/economic/political or environmental problem faced by the society by adopting the
most suitable approach you can.

4. “Though their participation in the policy process is not ordained by the Constitution or any
other law, unofficial actors play an important role in shaping many of the public policies of a
country.” Substantiate.

5. Write an essay on the politics of policy formulation and implementation drawing suitable
examples from India’s experience with democratic governance over the last six decades.

6. What is policy evaluation? Write an essay on the importance of policy evaluation for
improving the quality of implementation

7. Write short notes on any two of the following:


a. Rational Choice Approach to Studying Public Policy
b. Independent Regulatory Agencies
c. Role of Bureaucracy in Policy Implementation

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – II
POLITICAL SCIENCE (MAJOR)
POLITICAL THOUGHT
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Machiavelli’s advice to the Prince.
b. Aristotles’s principle of ‘Golden Mean’.
c. Lockes’s idea of Resistance.
d. Hobbes’s defence of Divine Rights of King theory.
e. Plato’s idea of ‘Polity’.
f. Bentham’s Deterrent Theory of Punishment.
g. J.S. Mill’s concept of Democracy.
h. Gandhiji’s Spiritualization of Politics.
i. Nehru’s main objectives of India’s International Policy.
j. Ambedkar’s view on Parliamentary Democracy.

2. Compare and contrast the concept of ‘Political Authority’ in writings of John Locke and
Robert Filmer.

3. How does Rousseau develops his idea of Popular Sovereignty in juxtaposition to other
Contractualist tradition. Analyze the relevance of his ideas as contributing to the political
revolution of France.

4. Explore the contrasting ideas of Morality and Ethics in writings of Aristotle and Machiavelli.
Critically analyze the relevance of their methodologies in developing ‘Politics’ as a study of
Science or Art.

5. Critically examine the relevance of Gandhism in Contemporary times with suitable examples.

6. Write a critical essay on the Nehruvian inputs in structuring the system of governance in
India.

7. Evaluate the contribution of Ambedkar as the champion of the causes of Untouchables in the
Indian society.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – II
POLITICAL SCIENCE (MINOR)
POLITICAL THOUGHT
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Plato’s theory of Communism of Wives and Property.
b. Aristotle’s theory of Household.
c. Locke’s Liberal State.
d. Rousseau’s idea of General will
e. Felicific Calculus of Bentham
f. Mill on Women’s Rights.
g. Gandhi’s techniques of Satyagraha.
h. Panchsheel of Nehru.
i. Ambedkar’s idea of Social Justice.
j. Machiavelli’s rules of violence.

2. ‘While Rousseau’s premises are those of Locke, his conclusions are those of Hobbes’…
comment.

3. ‘Bentham rejected contract, but gave a new basis for liberalism.’ Explain the statement and
assess Bentham’s contribution to Political thought.

4. Bring out the lines of distinction between Bentham and John Stuart Mill on Utilitarianism.
Critically place Mill’s idea of a Representation Government as a Consequentialist or a
Utilitarian Moralist.

5. Evaluate the role and contribution of Jawaharlal Nehru as a pragmatic thinker in India.

6. Critically examine the views of B.R. Ambedkar on the issues of Caste and Untouchability in
India.

7. Assess the relevance of key tenets of Gandhism in contemporary times with the help of
examples.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – IV
LABOUR LAW - I
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
1. Explain the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a) Define the meaning of ‘public utility service’ under Industrial Disputes Act, 1947?
b) Explain what is ‘appropriate government’ defined under Industrial Disputes Act, 1947?
c) Explain the concept of ‘Board of Conciliation’ and mention the number of members which constitute
the board of conciliation generally?
d) What are the mandatory qualifications for being a Presiding Officer of Labour Court, Industrial
Tribunal & National Industrial Tribunal respectively?
e) Who is a ‘Certifying Officer’ under Industrial Employment (Standing Orders) Act, 1946?
f) What is ‘Industrial Establishment’ under Industrial Employment (Standing Orders) Act, 1946?
g) Explain the concept of ‘Registrar’ provided in Trade Unions Act, 1926?
h) What are the acts which are not applicable on Registered Trade Unions?
i) Explain the right of minors to be member of Trade Unions mentioned under Trade Unions Act, 1926?
j) Define ‘Trade Union’ under Trade Unions Act, 1926?
2. According to Lord Denning as observed in, Beetham v. Trinidad Cement Ltd.;
“By definition, a ‘trade dispute’ exists, wherever a ‘difference’ exists and a ‘difference’ can exist long
before the parties become locked in a combat. It is not necessary that they should have come to blows. It is
sufficient that they should be sparring from an opening.”
In light of above statement, illustrate the ‘factum of dispute’ involved in the definition of Industrial
Dispute provided in 2(k) of Industrial Disputes Act, 1947 with the help judicial decisions.
3. “Strike is a weapon in the armory of the employees to place their demands, so is lockout in the hands of
employers to deal with strike.”
Discuss the above statement in the light of related provisions in Industrial Disputes Act, 1947 and illustrate
with the help of related case laws.
4. Discuss various principles laid down in Workmen of Dimakuchi Tea Estate v. Management of
Dimakuchi Tea Estate, AIR 1958 SC 353, by stating its important facts and details?
5.
a. ‘X’, a skilled workman, employed in ‘ABC Steel Industries Ltd.’ got entangled in a dispute with
the management of the concerned industrial establishment. X was a member of ‘Jan Mazdoor
Sangh (JMS)’ (a general union of State Level of which any workmen of steel industry of that
State can be a member). Knowing the fact that, X is cobwebbed in an individual dispute with his
employers from ABC Steel Industries Ltd., JMS supported and represented the dispute against the
employers of ABC Steel Industries Ltd on behalf of X.
In light of above situation decide that, whether such kind of an individual dispute can take a shape
of Industrial Dispute? If so illustrate the same with the help of related judicial decisions. (5 Marks)
b. Discuss the immunities provided under Trade Unions Act, 1926 to the members of a registered
trade union in case of criminal conspiracy and civil suits with the help of related provisions and
judicial decisions? (5 Marks)
6.
a. What is a ‘Standing Order’ defined under Industrial Employment (Standing orders) Act, 1946?
Explain the procedure laid down in Industrial Employment (Standing Orders) Act, 1946 in regard
to convert a draft standing order into a certified draft standing order of an Industrial establishment
with the help of related provisions? (5 Marks)
b. Write short notes on:
i. Conciliation officer
ii. Political funds under Trade Unions Act, 1926 (5 Marks)
7. Describe the authorities and their powers mentioned under Industrial Disputes Act, 1947 with the help of
related provisions involved in providing redressal of various natures in Industrial arena?

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VI
ECONOMICS (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Distinguish between inter regional trade & international trade.
b. What is Voluntary Export Restraints (VERs)?
c. What is factor price equalization?
d. Define terms of trade.
e. What is comparative difference in cost?
f. Distinguish between short term and long term capital movement.
g. What led to breakdown of the Bretton Woods System?
h. What is purchasing power parity theory?
i. What is Income terms of trade?
j. What is gold standard?

2. Explain the various types of tariffs. Taking the case of small country, analyse the effect of a
tariff under partial equilibrium.

3. Answer the following:-


a. Explain the main features of the WTO. (4 Marks)
b. Write a note on the impact of WTO on various aspects of Indian Economy. (6 Marks)

4. “Along with a rapid increase in our exports, their composition has also undergone significant
changes. Data reveal strengthening of our export competitiveness in some directions & its
weakening in some others”. Explain the statement with the help of direction & composition
of foreign trade in India.

5. Define & elaborate the concept of BOP. What are the methods of correcting disequilibrium in
BOP? What measures do you suggest for improving the BOP position of India?

6. What is an equilibrium rate of exchange? Discuss foreign exchange rate policy in detail.

7. Write short notes on:


a. Terms of Trade
b. Factor Abundance in terms of factor prices in H-O theory.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VI
SOCIOLOGY (MAJOR)
SOCIOLOGY OF LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What are the Environmental factors which results in crime?
b. What are the different methods of treating Delinquents?
c. What would be the desirable penal system?
d. Mention some of the feminist theories relating to Deviance.
e. Explain white collar crime in the context of India.
f. Provide different causes of Deviance.
g. What are the characteristics of White Collar Crime?
h. What are the current debates on enhancing punishment for criminals in India?
i. What are the different causes of Naxalism?
j. State the importance of Marxism in India.

2. “Unrestricted individualism is the law of the beast of the jungle… willing submission to
social restraint for the sake of the social well – being of the whole society enriches both the
individual and society of which he is a member.” Critically explain the statement given by
Mahatma Gandhi.

3. “Sarvodaya movement is an instrument through which People’s energies could be activised,


liberated and mobilized for the task of reconstruction of society”. Explain the statement.

4. Explain the different theories relating to punishment.

5. What are the different types of custodies available for Juveniles in India?

6. Define Deviance and discuss various theories relating to its outcome.

7. Explain the Sociological approach relating to criminal behaviour.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VIII & X
WOMEN AND LAW (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Write full form of CEDAW and its importance.
b. Distinguish between Article 15(3) and Article 16(3) of the constitution of India.
c. What does Article 44 of the Indian Constitution deal with?
d. Who may adopt a child under Hindu Adoption and Maintenance Act, 1956?
e. What are offences relating to marriage, as mentioned under IPC?
f. Narrate the object of Domestic violence Act, 2005.
g. What is the object of passing Equal Remuneration Act, 1976?
h. Why is the case of Visakha V. State of Rajasthan famous?
i. What type of facilities for women employee have been mentioned under Factories Act, 1948.
j. Can a husband claim maintenance from his wife? If yes, under which law and why?

2. “Women had the unfortunate fate of bearing the brunt of discriminations in all spheres of life, i.e.
education, employment, property and opportunity to participate in social and political life.”

In the light of above, narrate the position of women since ancient period to contemporary world.

3. “In the backdrop of gender inequality world over, enhancing the ability of women through positive
state effort is attempted at the international and domestic levels.”

With reference to above, briefly discuss the efforts of UN towards empowerment of women. How far
various international instruments have been incorporated at domestic level in India?

4. Write short notes on the following (any two)


a. Dowry death
b. Offence relating to marriage
c. Sexual offence.

5. How far social security legislations are able to provide safety and security to women in India? Discuss
briefly, the steps taken by legislature, executive and judiciary in this regard.

6. “Judiciary is playing significant role to uplift the status of Women in India.”

In the light of above, discuss the role of Supreme Court, High Courts and Family Court in brief, with
case laws.

7. Discuss the object, scope and important provisions of Domestic violence Act, 2005. Support your
answer through case laws.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VIII
BANKING LAW (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
(a) What do you understand by Current Account?
(b) Who is a Customer of a Bank?
(c) What do you mean by Financial Institution?
(d) What do you understand by the Origin of the word “Bank”?
(e) Who is popularly known as lender of last resort?
(f) Who is Holder of the Negotiable Instrument?
(g) What is Criminal Liability of Dishonour of Cheque?
(h) What do you understand by CRR and SLR?
(i) What do you mean by priority Lending?
(j) What is social control of Banks?
2. Mr. Amar draws a cheque in favour of Mr.Akbar, who is a minor; Mr. Akbar endorsed the cheque
infavour of Mr. Anthony. The cheque is dishonoured on the ground of insufficiency of funds.
a. Enumerate the rights of Mr. Anthony against Mr. Akbar who is a minor and other parties
(Mr. Amar etc.) in the instrument in the light of Negotiable Instruments Act, 1881.
b. Explain the conditions that are to be fulfilled to attract the Criminal Liability in case of the
dishonor of a Cheque for insufficiency of funds with the help of decided cases.
3. Mr. Narasimham Committee was asked to “Review the powers of Banking Sector Reforms to date
and a program on Financial Sector reforms to strengthen Indian Financial System and make it
internally competitive.”
In the light of the above statement, critically explain the major recommendations of Mr. Narasimham
Committee and also examine to what extent these recommendations have been adopted and
implemented so far to make Indian Banking System Internationally Competent.
4. “When the Reserve Bank of India (RBI) was established in 1935, our country was backward country
which lacked a well-developed commercial banking system apart from the absence of a well-
developed money market in the country. After 1949, the RBI became very active to take steps to
promote and develop Banking and Financial Institutions so that RBI can pursue appropriate credit and
monetary policies for economic growth and development in an era of planned economic development
of the country.”
In view of the above statement, enumerate the promotional and supervisory measures taken by the
Reserve Bank of India in economic growth and development of the country.
5. What are the main factors which are responsible for Nationalization of Banks in India and also briefly
narrate the views/arguments for and against the Nationalization of Banks in 1969 and 1980?
6. “Maintaining of Secrecy of Customer’s account is not an absolute one, but it is qualified, being
subject to reasonable exceptions.”
In the light of the above observation, explain the meaning and definition of Banker and Customer and
also mention the circumstances under which the banker is justified in disclosing customers account
with the help of relevant case laws.
7. Short Note (Answer any TWO of the following)
a. Money Market
b. Debt Recovery Tribunal (DRT)
c. R.C. Cooper vs. Union of India
d. Promotion of Under Privileged Classes
*************
I.D. No. ___________________
End Term Examination, April-2013
LL.M. (SEMESTER – II)
LAWS OF INSURANCE
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. “Assignment of an insurance policy is a general principle which is distinctly applied
in different forms of insurances.”
In the light of the above statement discuss the modes and scope of assignment of
policy in various forms of insurance.

b. Mention the relationship of assignment with the doctrine of subrogation and


nomination.

2.
a. What is ‘proximity rule’? Whether there can be more than one proximate cause of a
loss? Discuss with the help of cases.
b. ‘Risk is the uncertainty or chance of loss or injury which is one of the realities of life.’
Elaborate the statement. Also discuss the relationship of risk, peril and hazard.

3. ‘The doctrine of subrogation applies to all sorts of insurances, except life insurance.’ Why?
Support your reasoning with relevant provisions and cases.

4. Write notes on:


a. Double insurance and contribution
b. Third Party insurance

5.
a. “Premium is the condition precedent for covering the risk.” Explain. Also throw light
on renewal of life insurance policy.
b. What is forfeiture of policy? Discuss the reliefs available against forfeiture of an
insurance policy.

6. Write short notes on:


a. Unemployment Insurance
b. Group insurance

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VIII
INDIRECT TAX (OPTIONAL)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What are the status of the following Sales Under Central Sales Tax Act, 1956---
Justify with reasons:
i. ‘X’ of Raipur enters into a contract with ‘Y’ of Japan and he moves the goods
in pursuance of such contract out of the territory of India.
ii. ‘P’ of Delhi sends goods to his sales Depot at Singapore and thereafter
transfers the documents of title to the buyer abroad.
iii. ‘A’ of Kolkata delivers goods to his dealer ‘B’ of Mumbai as per delivery
order received after payment.
iv. ‘C’ of Bihar has a factory in Patna and a sales depot in Bhopal. ‘C’ sends
goods from his factory in Patna to sales depot in Bhopal. Such sales depot
makes sales to various customers of Madhya Pradesh.
v. ‘D’ of Chennai comes to ‘F’ of Bilaspur to purchase goods from him. As per
agreement, ‘F’ is required to deliver the goods to Chennai at his own risk.
b. Under the Customs Act, 1962:
i. What is Baggage?
ii. What is Coastal Goods?
iii. What is Smuggling?
c. Under the Central Excise Act, 1944:
i. Explain Adjudicating Authority.
ii. Define Curing.
2.
a. “Manufacture implies a change, but every change is not manufacture”
……….In the light of the above statement contemplates the concept of manufacture
with decided cases. 6 Marks
b. Illustrate the Basic Ingredients of Manufacture? 4 Marks

3.
a. What do you mean by Excise Duty under the Central Excise Act, 1944? 5 Marks
b. What are the Compositions & Powers of the Officers of the Customs under the Indian
Customs Act, 1962?
5 Marks
4.
a. Discuss the Customs and Central Excise Settlement Commission in accordance with
its Jurisdiction and Powers under the Central Excise Act, 1944. (3+3 Marks)
b. What are the methods of Recovery of sum due to Government under section 11 of the
Central Excise Act, 1944? 4 Marks

Page No. - 1/2


I.D. No. ___________________
5. Write the short notes on the following: (Answer any four) 10 Marks
(a) Intra-State sale under the Central Sales Tax Act, 1956.
(b) Taxable Event under the Excise Act, 1944.
(c) Excisable Goods under the Excise Act, 1944.
(d) Territorial Waters of India under the Customs Act, 1962 for the purpose of Taxation.
(e) Warehousing.

6.
a. Distinction between: (3+3 Marks)
i. Custom Duty and Excise Duty
ii. Sales Tax and Excise Duty
b. Basic Conditions of Excise Liability 4 Marks

7.
a. What is Consumption Tax? 3 Marks
b. What are the objectives and Limitations of Value Added tax? 3 Marks
c. What are the Advantages of Value Added tax? 4 Marks

*************

Page No. - 2/2


I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – II
ECONOMICS (MAJOR)
RESEARCH METHODOLOGY & STATISTICS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
2. Calculator not allowed.

1. What do you mean by following terms: (Attempt any TEN)


Note: Each answer should be in approximately 50 words: (Marks 10x1=10)
a. Research Process b. Research Problem
c. Research Plan d. Purposive Sampling
e. Population f. Secondary data
g. Tabulation h. Normal curve
i. Variance j. Sampling frame
k. Regression l. Field Research

2. What is meant by Research? Discuss different types of researches.


3. Describe the different methods of data collection. 06-Marks
Which one is most suitable for conducting a survey on household expenditure? Give reasons.
04-Marks
4. Give your understanding of a Research Design. 04-Marks
Describe salient features of a good research design. 06-Marks
5. Write short notes on any two of the following:
a. Sampling Design
b. Hypothesis Testing
c. Research Report
6. Calculate Mean and Modal Income from the following data:
Family Income in Rs. Thousand Number of Persons
10 02
20 11
30 35
40 62
50 38
60 29
70 21
80 02
7. Construct the index number for the year 2012 taking 2010 as base using simple aggregative method :
Goods Price (per unit) 2010 Price (per unit) 2012
A 40 60
B 120 140
C 140 170
D 180 135
E 60 100
F 70 80
G 65 75
H 75 80

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – II
ECONOMICS (MINOR)
INDIAN ECONOMY
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Explain the term ‘reserved forest’.
b. How Colin Clark’s model is associated with Indian Economy?
c. Which forest policy introduced the measure of Social forestry?
d. How mineral resources provides ‘Linkage effect’ for large scale industrialization?
e. Mention the order of water allocation priorities which has been set in Revised
National Water Policy 2002.
f. What was the defect in definition of ‘personal cultivation’ related to Tenancy
Reforms?
g. For what purpose AIBP was launched?
h. List the sectors included in software component of Indian Infrastructure.
i. Why land is considered as limited factor for economic growth?
j. What is the criteria for fiscal devolution of funds from Central to State Government?

2. ‘With an annual budget of around INR 76,376 crores for 2012-13, the Ministry of Rural
Development’s scheme have an immense potential to contribute the goal of sustainable
poverty reduction.’ Comment on the given statement.

3. ‘We grow it, we reap it, and we can’t afford to eat it because we still remain at the bottom of
the pay league with wages below poverty line.’ Do you agree that the condition of
agricultural Labour stated in the above given statement still prevails in India? Present suitable
points to support your viewpoint.

4. Write a detailed note on Iron and Steel Industry and Textile Industry in India discussing the
problems and the challenges faced by the industries and their contribution to Indian
Economy.

5. Following the adage, ‘Prevention is better than cure’, explain the necessity of a
comprehensive assessment and analysis of the factors which brings about industrial sickness
and helps in identifying the sick industries. Also mention various cures provided by the
government to treat the sickness in Indian Industrial Sector.

6. ‘SEBI got legal teeth of full autonomy and authority to regulate and develop capital market
through an ordinance issued on 30th January 1992.’ On the basis of the above statement,
discuss the powers of SEBI and regulations SEBI has framed under SEBI Act 1992 for
registration and regulation of all market intermediaries for prevention of unfair trade
practices, protection of interest of investors in securities and development of capital market.

7. Write short notes on any two of the following:-


a. Miniratnas, Navratnas & Maharatnas.
b. Principle of Maximum Social Advantage and Revenue Sources of local government.
c. Financial Intermediaries present in Capital Market.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – IV
TRANSFER OF PROPERTY ACT
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Explain the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What is the remedy available to the mortgagee in case of mortgage by conditional sale, on
account of default in the repayment of the mortgaged money? Give your answer with the
logical reasons.
b. Ram Cumar Coondu vs. Mc Queen is related to which of the following Sections of T.P. Act?
(Explain with the facts of the case.)
i. Sec. 35
ii. Sec. 41
iii. Sec. 43
iv. Sec. 53
c. Define standing timber. Which of the following is a standing timber?
i. Palm tree
ii. Date tree
iii. Coconut tree
iv. Babool tree
d. Whether a minor can be a competent transferee?
e. Whether a property can be transferred orally? If yes, in what circumstances? If no, why?
f. Which of the following mortgages is not required to be in writing and why?
i. Simple mortgage
ii. Mortgage by conditional sale
iii. English mortgage
iv. Mortgage by deposit of title deeds
g. ‘A’ makes a gift in favour of his sons with a condition that if any one of them dies leaving no
male issue, his share will be taken by A’s daughter, and not by the widow or daughter of the
deceased son. What is the nature of the interest created in favour of A’s daughter?
h. The Transfer of Property Act, 1882 is not applicable to which of the following and why?
i. Gift
ii. Lease
iii. Will
iv. Exchange
i. ‘A’ transfers a property to ‘B’, when he will attain the age of 18 years. It is also provided that
till he attains that age, the income arising out of that property shall be used for his
maintenance. What is the nature of the interest created in favour of ‘B’?
j. Define the term ‘mortgage money’.
2.
a. “Law leans in favour of vesting of interest, it disfavours divesting of interest once vested.”
Elaborate. Marks-6
b. ‘A’ transfers a property to ‘B’ for life time and after B’s death to ‘C’, who is an unborn person
at the date of transfer, when he will attain the age of 15 years. At the age of 12 years ‘C’
dies. After the death of ‘B’, C’s legal representatives claim the property on the ground that
‘C’ died having the vested interest in the property. Decide the claim made by C’s legal
representatives. Marks-4
I.D. No. ___________________
Page No. 1/2
3.
a. “Section- 53A is a partial importation into India of the English equitable doctrine of part-
performance.” In the light of the above statement elaborate the doctrine of part-
performance. What is the effect of the Registration and other Related Laws (Amendment)
Act, 2001 on the applicability of this doctrine? Marks-7

b. Sonu transfers a property to Monu for a consideration of Rs. 1000/- and at a subsequent
stage Sonu transfers the same property to Tonu for a consideration of Rs. 2000/-, who is not
aware about the previous transfer and claims the property. Decide the claim made by Tonu?
Marks-3
4.
a. “Nemo dat quod non habet.” Elaborate the meaning of the maxim. Is there any exception to
this maxim? Elaborate. Marks-7

b. ‘A’ and ‘B’ mortgages a property named ‘X’ to ‘C’ for securing the repayment of a loan of Rs.
50,000/-. Both ‘A’ and ‘B’ have equal share over the property. ‘A’, after making the
repayment of Rs. 25,000/- to ‘C’, demanded for the redemption of the half of the portion of
the mortgaged property. ‘C’ challenges A’s right to redeem the portion of the property.
Decide the claim made by ‘A’? Marks-3

5. Write short notes on any four of the followings:- Marks-10


i. Doctrine of consolidation
ii. Mortgage by conditional sale and English Mortgage
iii. Accession and Improvements to mortgage property
iv. Doctrine of Election
v. Principle established in Tulk vs. Moxhay

6.
a. “Once a mortgage, always a mortgage.” Elaborate the maxim. Marks-6

b. ‘A’ makes a gift of certain properties to ‘B’ for life time and then to B’s first two unborn
children in equal share. Out of which the first issue will get the property for life time and the
second son will get the property absolutely. Discuss the validity of the transfer. Marks-4

7.
a. Elaborate the doctrine of “Lis Pendens”. Does the concept of ‘Bonafide transferee for value
without notice’ apply in relation to this doctrine? Marks-5

b. “Qui prior est tempore potior est jure.” Explain the maxim and its exceptions. Marks-5

*************
I.D. No. ___________________
Page No. 2/2
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VI & VIII
ADMINISTRATIVE LAW
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Definition of Administrative Law by A.V. Dicey
b. Doctrine of Public Accountability
c. Consultation
d. Meaning of Administrative Directions
e. Statutory Tribunal
f. Doctrine of Legitimate Expectation
g. Writ of Certiorari
h. Doctrine of Estoppel
i. Relation between Rule of law and Administrative Law
j. Writ of Mandamus

2. “Legislature provides the gun and prescribes the target, but leaves to the executive the task of
pressing the trigger.” Discuss in the light of permissible delegated legislations in India.
Support your answer with case laws.
3.
a. “Discretionary power by itself is not pure evil but gives much room for misuse.
Therefore, remedy lies in tightening the procedure and not in abolishing the power
itself”. In the context of the statement explain the meaning and significance of
Administrative Discretion and the need for its control.(3Marks)
b. Discuss the various circumstances which constitute ‘Failure to Exercise Discretion’ as
a ground for judicial interference in discretionary powers exercised by administration.
(7 Marks)

4. “The rule against bias strikes against those factors which may improperly influence a Judge
in arriving at a decision in any particular case”. Discuss the various types of ‘Bias’ with the
help of relevant case-laws.
5. Trace the evolution and development of the concept of ‘Contractual Liability of the State’ in
India. Also explain the requirements mandatory for a governmental contract to be a valid
contract.

6.
a. Explain the meaning and definition of ‘Tribunal’.(3 Marks)
b. Discuss with the help of relevant constitutional amendments and case-laws whether
the tribunal is a substitute of the High Court in India.(7 Marks)

7. “ …..the rule of audialterampartem is held inapplicable not by way of an exception to ‘fair


play in action’, but because nothing unfair can be inferred by not affording an opportunity to
present or meet a case.” Discuss the statement with relevant examples and case-laws.

**************
I.D. No. ___________________

End Term Examination, April-2013


B.A.LL.B. (Hon’s.), SEMESTER – X
HUMAN RIGHTS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Define the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Derogation of Human Rights
b. Cultural Relativism
c. Discrimination Against Woman as per CEDAW
d. UN Women
e. Third Generation Human Rights
f. Disabled Persons under International Human Rights Law
g. Domestic Violence under Domestic Violence Act, 2005
h. Universal Periodic Review
i. Inter – State Reporting
j. Conciliation Commission

2. “The UN Charter and Universal Declaration of Human Rights – two great and inspiring
instruments were born out of an increased sense of responsibility by the international
community for the promotion and protection of man’s basic rights and freedoms” - Write a
note on the legal significance of UN Charter and Universal Declaration of Human Rights

3.
a. “A century that began with children having virtually no rights is ending with children
having the most powerful legal instrument that not only recognizes but protects their
human rights” – In the light of above observation explain International legal
framework for protecting rights of children (5 Marks)
b. Examine the Constitutional provisions and their interpretations given by Indian
Judiciary for the protection of rights of children in India. (5 Marks)

4. “The Indian Judiciary with its widest interpretation in observance of Human Rights has
contributed to the progress of the nation and to the goal of ensuring basic human rights of
individuals in India” - Discuss the role of Indian Judiciary in protecting and advancing human
rights with special emphasis on criminal Justice Administration in India.

5. Discuss briefly the important International and Indian Legal provisions for the protection of
the rights of the following vulnerable group:
a. Disabled Persons
b. Minorities

6. Write a note on the legal mechanism for the protection of human rights at regional level and
explain whether Regionalism is a threat to Universalisation of Human Rights.

7.
a. Discuss any four important Treaty Bodies under international human rights law for
the protection and promotion of human rights.
b. Examine the Role of National Human Rights Commission in India
**************
I.D. No. ___________________
End Term Examination, April-2013
LL.M. (SEMESTER – II)
LAW OF FINANCIAL INSTITUTIONS
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Mr. Chandra Mohan is the payee of an order cheque. Mr.Nagarajan steals the cheque and forges Mr.
Chanda Mohan’s signature and indorses the cheque in his (Mr. Nagarajan’s) favour. Mr. Nagaranan
then indorses the cheque to Mathews who takes instrument in good faith and for valuable
consideration.

In view of the above problem, Is Mathews considered as a holder- in- due course? Discuss the
privileges of Holder- in- due course and bring out the differences between Holder and Holder-in-Due
Course with relevant provisions of Negotiable Instruments Act.

2. ‘Nationalization of Banks has brought about a radical change in the progress of Banking.’

In the light of the above statement, critically analyse the arguments for and against the
Nationalization of Banks in India with a special mention of R.C. Cooper vs. Union of India

3. “Banks and Financial Institutions play a vital role in building up today’s nation. Nowadays, Banks and
Financial Institutions are not just dealers of money but are considered as leaders of the development
of economy. Economic growth and development of a country depends on Banks and Financial
Institutions. The Banks and Financial Institutions lead to prosperity and they are the major vehicles
for any economic development. The economic development of a country is integrally linked with the
development and progress of Banks and Financial Institutions”.

In the light of the above statement, discuss promotional and supervisory role of Reserve Bank of
India (RBI) in controlling and regulating the conduct of Banks and Financial Institutions for protection
of depositors and also development of economic growth of the country.

4. Mr. Narasimham Committee was asked to “Review the powers of Banking Sector Reforms to date
and a program on Financial Sector reforms to strengthen Indian Financial System and make it
internally competitive”.

In the light of the above statement, critically examine the major recommendations of Mr.
Narasimham Committee and explain the reforms made in Banking and Financial Institutions by the
Government of India based on the recommendations of Mr. Narasimham Committee to make Indian
Banking and Financial system internationally competent.

5. “For providing credit for the promotion of agriculture, small-scale industries, cottage and village
industries, handicrafts and other rural crafts and other allied economic activities in rural areas with a
view to promoting integrated rural development and securing prosperity of rural areas, and for
matters connected therewith or incidental thereto.”

In the view of the above paragraph, briefly narrate the functions of National Bank for Agricultural
and Rural Development (NABARD) in promoting Integrated Rural Development.

6. Short Note: Answer any TWO of the following:


a. Financial Institutions in India
b. Cash Reserve Ratio (CRR) andStatutory Liquidity Ratio (SLR) in Banks
c. Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT)
d. Social Control of Banks vs. Priority Sectors.

************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – II
SOCIOLOGY (MAJOR & MINOR)
SOCIOLOGICAL THOUGHT
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What is theological or fictitious stage of human progress?
b. The Social Sciences are at the apex of the hierarchy. Who said this and why?
c. What do you mean by class in itself and class for itself?
d. Write a brief note on the theory of surplus value.
e. What is anomic suicide?
f. Explain the concept totemism.
g. What do you mean by zweckrational or rational action in relation to a goal?
h. What are metanarratives?
i. Define Ideal Types.
j. Provide the definition of Social System given by Talcott Parsons.

2. “Smile and others will smile back. Smile to show how transparent, how candid you are. Smile
if you have nothing to say. Most of all do not hide the fact you have nothing to say nor your
total indifference to others. Let this emptiness, this profound indifference shine out
spontaneously in your smile.” Critically explain Jean Baudrillard’s views on it.

3. “Knowledge is and will be produced in order to be sold; it is and will be consumed in order to
be valorized in a new production: in both cases, the goal is exchanged. Knowledge ceases to
be an end in itself; it loses its use-value.” Explain the statement in the context of
contemporary epoch.

4. Critically analyze the theory of Social System with the dichotomies of Pattern Variables
propounded by Talcott Parsons.

5. “The history of all hitherto existing society is the history of class struggles. Free man and
slave, patrician and plebian, lord and serf, guild master and journeyman ……………or in the
common ruin of the contending classes.” Give a critical analysis of the statement.

6. Write a note on the Protestant Ethics and Spirit of Capitalism. Support your arguments how
Calvinism influenced Capitalism in European and American societies.

7. It is quite remarkable fact that the great religions of the most civilized people are more deeply
fraught with sadness than the simple beliefs of earlier societies. This certainly does not mean
that the current of pessimism is eventually to submerge the other, but it proves that it does not
lose ground and it does not seem destined to disappear. Critically explain Emile Durkheim
views on it.

************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – IV
ECONOMICS (MAJOR)
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What is Comprehensive & Sporadic Inflation?
b. Distinguish between monetary system criterion & acceptability criterion.
c. What is Double Dip Recession?
d. What is Collateralized Debt Obligation (CDO)?
e. Define Monetary Economics.
f. What are assumptions of Classical theory of Employment?
g. Distinguish between Robertson & Fisher Equation.
h. Distinguish between Monetary Policy of developed countries & developing countries.
i. What is specific & advalorem tax?
j. What is Stagflation?

2. Answer the following:-


a. What is meant by business cycle? What factors create conditions for business cycle?

b. What factor led to global recession in 2008-09? How did the global recession affect
the growth & employment rate in different countries?

3. Answer the following:-


a. What do you understand by public finance?

b. Distinguish between direct & indirect taxes. How do they differ from welfare aspect
& distribution aspect?

4. What is Budget? Explain in detail budgetary procedure in India.

5. Describe the instruments of monetary policy of RBI. How do they work & what are their
limitations?

6. Explain Keynesian employment theory in detail.

7. Write short notes:-


a. FRBM Act, 2003
b. Gold Standard

***************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – IV
POLITICAL SCIENCE (MAJOR)
MODERN POLITICAL SYSTEM
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Referendum in South Africa
b. Amendment process in Australia.
c. Bi-cameralism in South Africa.
d. Dominion status in Australia.
e. Standing Committee of China.
f. Sovereignty of the British Parliament.
g. Stages in American Presidential Election.
h. Features of the Party System in USA.
i. Composition of Swiss Federal Court.
j. Feature of Swiss Direct Democracy.

2. Compare and contrast the phases of transition of political leadership in China and U.S.A. as
earmarking a distinct phenomenon of political rule in a Communist and a Democratic
political system.

3. Chalk out the trajectory of Constitutionalism in South Africa. Critically analyze the shift from
an Apartheid System to the celebration of People’s Democracy, keeping in mind the
challenges confronting the political system in their respective timeline.

4. Contrast the distinct features of federalism in South Africa and Australia despite sharing of a
common colonial history. What are the challenges of democratic bargaining faced by
respective governments in contemporary times?

5. The Judiciary as the third organ of the Government is vested with the powers of review and
reforms of the Constitution. In the wake of the above statement, analyze the role of Judiciary
in Australia with the help of examples.

6. ‘The American Cabinet differs in fundamental respects from the British Cabinet’. In the light
of this statement, compare the features of the ‘Cabinet’ of two distinct political systems.

7. Discuss the Organization and Jurisdiction of the Swiss Federal Court. Compare it with its
U.S. counterpart.

***************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – IV
SOCIOLOGY (MAJOR)
Sociology of Development and Social Transformation
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. What is Sociology of Development?
b. Give a brief note on Cyclical Theory of social change. Who are the exponents of this
theory?
c. Write a short note on changing paradigms of development.
d. What are the salient features of Wallerstein’s World System Theory?
e. Make a distinction between Socialist and Capitalist paths of development.
f. What are the functions of NASSCOM?
g. What is the social logic of globalization?
h. Mention some important socio-economic problems related to development of Third
World in current scenario.
i. Provide a comparison between Development and Progress.
j. Is sustainable development a fable?

2. “There is no straight line evolution but there are certain cycles through which a society or
culture goes through. The cycle when completed repeats itself once again.” Discuss with
suitable theoretical insights.

3. Development makes distinction between un-developed, developing and developed societies.


Detail your views with pertinent facts.

4. India is considered as a pioneer in software development and favorite destination for IT-
enabled Services in the World. Provide your comprehensive outlook on this.

5. Globalization expands the opportunities for unprecedented human advance for some but
shrinks those opportunities for others and erodes human security, explicate.

6. Discuss the theory of underdevelopment with criticisms.

7. Human development is the expansion of freedoms and capabilities of people have to lead
lives they value and reason to value. Discuss the above statement with suitable examples.

**************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VI
ALTERNATIVE DISPUTE RESOLUTION
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: 1. Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.
1. Explain the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. State the Provision relating to Number of arbitrators in Arbitration Proceedings?
b. Explain the term Arbitration?
c. Explain the term Dejure and Defacto incapacity of Arbitrator?
d. State the Provision relating to substitution of arbitrator in Arbitration Proceedings?
e. Define Arbitral Tribunal?
f. Explain the rules for the determination of procedure for the conduct of Arbitral
Proceedings?
g. State the circumstances under which a judicial authority is empowered to refer parties
to arbitration?
h. When and how an arbitral award is enforceable?
i. What is the major difference between Arbitration and conciliation?
j. What can be the Maximum limit on Number of conciliator under the Arbitration and
Conciliation Act, 1996?

2. Discuss the various forms of Alternative Dispute Resolution Mechanism?

3. Discuss the statutory Provisions relating to composition of Arbitral Tribunal under the
Arbitration and Conciliation Act, 1996?

4. Discuss the conditions for the enforcement of foreign award under The New York
Convention in the light of statutory provisions contained in the Arbitration and Conciliation
Act, 1996?

5. Explain the Provisions relating to Role of Conciliator in Conducting Conciliation


Proceedings and also discuss the manner in which he reaches the settlement agreement?

6. Explain the law relating to setting aside of Arbitral award under the Arbitration and
Conciliation Act, 1996?

7. Explain the Form and Contents of arbitral award under the Arbitration and Conciliation
Act, 1996.

*************
I.D. No. ___________________
End Term Examination, April-2013
B.A.LL.B. (Hon’s.), SEMESTER – VIII
DRAFTING PLEADING AND CONVEYANCING
Max. Marks: 50 Time Allowed: 3:00 Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining questions.

1. Answer the following (each answer should be in approximately 50 words): (Marks 10x1=10)
a. Can a revision petition be filed against a consent decree? Support your answer with the legal
provisions.
b. Can the Courts suomoto make amendments in the pleading s of the parties?
c. To which court and under what provision does an appeal lie from the decree of the Court of
District Judge exercising original jurisdiction?
d. Can a fresh plaint be presented after rejection of a plaint by the court?
e. What is the difference between appeal and review?
f. Can a plaint be rejected on the ground of defect in the signature or verification of the
pleadings?
g. An appealable decree is passed by the Court of Civil Judge Class I. The aggrieved party has
an objection regarding the point of law and filed a revision petition against the decree.
Discuss the maintainability of this revision petition?
h. What is the difference between return of plaint and rejection of plaint?
i. What is the limitation period for filing Written Statement? If within that time period W.S. can
not be presented then can that period be extended by the court?
j. When the jurisdiction of the court in relation to an immovable property can not be
ascertained, where can a suit in relation to that property be filed?

2.
a. A suit is filed in the Court of Civil Judge Class I by the plaintiff (landlord) against the
defendant (tenant) for the recovery of arrear of rent. An application is made by the defendant
under Order 1 Rule 13 C.P.C. raising an objection with regard to non-joinder of a necessary
party who is the sub-tenant with the permission of the landlord. An order is passed by the
Court rejecting the application for the joinder of the necessary party. Defendant decides to file
a revision petition against this order.

Draft a revision petition on behalf of the defendant. Marks-6

b. Can set-off be allowed in the following two cases: Marks-4


i. ‘A’ sues ‘B’ on a bill of exchange. ‘B’ alleges that ‘A’ has wrongfully neglected to
insure B’s goods and is liable to him for compensation which he claims to set-off.
ii. ‘A’ sues ‘B’ for trespass. ‘B’ holds a promissory note for Rs. 1000/- from ‘A’ and
claims to set-off that amount against any sum that ‘A’ may recover in the suit.

3.
a. What is power of attorney? Make a draft of a special power of attorney. Marks-5
b. What is the importance of valuation of suit? What is the effect of undervaluation? What shall
be the valuation in case of the following two matters:
i. In a suit for specific performance of contract to sale.
ii. In a suit by the landlord against the tenant for recovery of arrear of rent. Marks-5

4. Write the difference between any four of the followings: Marks-10


a. Rejection of plaint and Dismissal of suit
b. Legal set-off and Equitable set-off
c. Appeal and Revision
d. Appeal and Reference
e. First Appeal and Second Appeal

Page No. 1/2


I.D. No. ___________________
5.
a. Some important paragraphs of a plaint presented by the landlord against the tenant are given
below.
“The above plaintiff (landlord) respectfully submits as follows:
i. That the plaintiff is the landlord of a house situated at Civil Lines, Raipur (C.G.). The
municipal no. of the house is 28.
ii. That the defendant is a tenant of the plaintiff and resides in the upper portion of the house.
iii. That the rent of the said house is Rs. 1000/- (One thousand rupees only) per month and
payable on first day of every month. That the terms and conditions of the tenancy are
narrated on an agreement dated 1 Jan. 2008.
iv. That the defendant has not paid the rent from 1 Oct. 2011. The plaintiff had asked the
defendant many a times to pay the rent but inspite of repeated requests he had not paid the
rent that is due.
v. That the plaintiff bonafidely requires the suit premises for the purpose of opening an
office for the elder son who is a practicing lawyer and at present neither the plaintiff nor
his son has other place for this purpose.
vi. That the plaintiff sent a registered notice dated 20th June 2012, which has been served to
the defendant on 23rd June 2012 asking the defendant to pay the arrear of rent within two
months from the date of receipt of the referred notice and also terminated the tenancy and
asked him to vacate the suit premises. But the defendant neither paid the arrear of rent nor
vacated the premises. Hence the necessity of filing this suit arose.
vii. That the cause of action of this arose on 1st Oct. 2011, when the rent became due and also
on 23rd Aug. 2012 when the two months notice period expired and the defendant did not
vacate the suit premises.
viii. That the valuation of the suit for the purposes of jurisdiction and court-fee is Rs. 28,000/-
and on this amount the plaintiff has paid the requisite court fee.
Draft a Written Statement on behalf of the tenant having in mind that the tenant, among several
other replies, has the following two replies:
1. That the tenant claims the set-off of Rs. 1000/- , which he has paid for the repair of the house.
2. That the tenancy agreement was for the period of three years. Marks-6
b. ‘A’ is the owner of a 1000 sq. feet plot of the land. ‘B’, son of ‘A’, sold 500 sq. feet portion of
that land to ‘C’, 250 sq. feet portion of that land to ‘D’ and 250 sq. feet portion of that land to
‘E’, during the lifetime and without the authorization of ‘A’. Can a joint suit be filed by ‘A’
against ‘C’, ‘D’ and ‘E’ for the recovery of the land? Marks-4
6.
a. “Ram Narayan is the owner of a plot of the land, i.e. plot no. 5 situated at village- Ratanpur,
District- Bilaspur. Ram Narayan resides in Raipur. Ram Narayan acquired the said plot
through succession after the death of his father Hari Narayan, which his father purchased by
the execution of the sale deed, which is in possession of Ram Narayan. On 15/1/13 Ram
Narayan got a news that Ravi Kishan, one of the resident of Village- Ratanpur, is making an
encroachment on the plot of Ram Narayan. On the same day he called Ravi Kishan on
telephone and asked to stop the encroachment. Ravi Kishan abused him. Draft a plaint on
behalf of Ram Narayan to file a suit for permanent injunction against Ravi Kishan. Marks-7
b. Can a party to a civil suit make an application for the amendments in the pleadings of the
other part? If yes, in what circumstances? Marks-3
7.
a. Draft a petition for the divorce by mutual consent. Marks-6
b. A suit is filed by ‘A’ against ‘B’ for recovery of wages and in the plaint he alleged that “he
had served B from January 1, 2003 to June 30, 2003 at London.” ‘B’ filed the W.S. and
replied that “A did not serve ‘B’ from January 1, 2003 to June 30, 2003 London.”
Is the reply made by ‘B’ proper? If yes, why? If no, what should have been the proper reply?
Marks-4
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