LL.B.

V SEMESTER EXAMINATIONS
SUBJECT: INFORMATION TECHNOLOGY LAW
PAPER CODE: LB-5031

TIME: 3 HOURS MAXIMUM MARKS: 100

Instructions:
 All questions carry equal marks (25 marks)
 This question paper contains total 6 questions.
 Attempt any 4 questions out of 6 questions.
 Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper.

Q1. A wants to enter into an contract with B, using his biometrics signatures on the
electronic record. B on the other hand insist that the electronic record should be signed
with digital signatures of A. What is the difference between the two under the
Information Technology Act, 2000. Which signatures out of the above two can be
considered reliable and secure under the Information Technology Act, 2000 (IT Act).
Discuss and critically examine the signature provisions under the Information
Technology Act, 2000 ? Does these provisions relating to electronic signature capable
of making them functional equivalent of paper based signatures. How far these
signatures provisions make the Act technology neutral. What role does certifying
authority play in relation to electronic signature. Discuss with the help of relevant
provisions under the IT Act.
Q2. Suddenly one day mobile phone of Mr. A stopped functioning. He made a complaint
to his service provider, who informed him that there is some problem with his SIM and
that needs to be changed and as the next two days are holidays the same can be done
only on Monday. In the mean time, a duplicate SIM was issued from other customer
care centre of the service provider to some fraudster because of which large amount of
money from his bank account was transferred to a bogus bank account. Mr. A want to
sue both the service provider as well as the bank. Suggest what remedies he have,
referring to judicial decisions and legal provisions under the Information Technology
Act, 2000.
Q3. A mobile company X advertised providing cell phones at cheaper rates provided that
the customers need to take their particular plan for a period of three years and that they
cannot change their service provider for the said period. Another company Y
advertised phone calls at a lower rates and when customers of company X approached
them they started tampering with the codes in the phones and started changing the sim
cards to their own. Now company X want to sue company Y. Discuss the liability of
company Y and their employees. Also discuss whether mobile phones can be
considered as computer as per the Information Technology Act 2000.

Page 1 of 2 
Q4. A girl became friends with a person Z on a social networking site, they became good
friends and decided to meet but when the girl met this boy, she did not like his nature
and unfriend him. One day when she opened her email, she found a mail containing
obscene content from an unknown email id. She started receiving such mails almost
every day containing flimsy and vulgar comments and also photographs and
pornographic postures. She decided to file a complaint regarding this. Suggest under
what provisions of the Information Technology Act, 2000 she can file a complaint.
Discuss judicial precedents supporting her case. Also suggest the law relating to
admissibility of electronic evidence, in this case the emails received.
Q5. A website provides platform for users to upload any content of their choice. Before
signing up the website, users are informed that if they upload any infringing content
they can be blocked. The website owners also applied the required technological filters
to make sure that infringing content is not uploaded on their website. A music company
found their music video on the said website uploaded without their permission. Music
company sued the website for infringing their copyright. Discuss on what grounds can
the website owners defend themselves. Can you say that when the users agree to not
uploading on infringing content on the website, they are entering into a e-contract?
Discuss the provisions relating to acknowledgement, time and place of dispatch and
receipt of electronic records under the Information Technology Act, 2000 viz a viz
contracts made through email and web.
Q6. Choice hotels are well known in the hospitality industry since long, It has registered
office in Mumbai in India. They own quite a few trademarks one of which being
'COMFORT'. They use their website choicehotels.in to advertise their services
including comfort inn since 1996. They also take reservations for their properties
including hotel comfort inn from their website and answer queries of their customers as
well. ‘A’ started his hospitality business in Andhra Pradesh in the name of raj comfort
inn and also made a website rajcomfortinn.com since 2009. This was objected by
choice hotels group and they filed a case in Delhi High Court for passing off its trade
mark COMFORT. The territorial jurisdiction of Delhi High Court is questioned in this
case, as the defendants don’t carry their business within the territorial limits of Delhi
High Court. Decide this case explaining the tests developed by courts for ascertaining
jurisdictions in suits involving internet related disputes.  

Page 2 of 2