Roll no. ttn, __| RG/BT/03/12/22 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Note: B.ALLB. (HONS) FYEC FIFTH SEMESTER END TERM EXAMINATION DECEMBER -2022 PAPER-i: INDIAN ECONOMY {MAJOR - V) TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (89) Section-A is compulsory and each part carries 5 marks. Atiermpt one question each from Section B,C, D & Band each question carries 15 marks. Section -A 1. Write short note on: a. Post Green Revolution, the production of wheat and rice doubled due to the initiatives of the government bui the production of other indigenous crops such as rice varieties and millets declined. This has caused extinction of the indigenous crops because of the environmental degeneration caused by excessive emphasis on the two crops. Explain how has the environment conducive for the indigenous varieties been impacted leading to the extinction of such varieties Privatization as a method of reallocation of assets and functions from the public sector, hes sprea¢ its roots to every region of not just a country, but also the whole world. What factors in particular have brought about such a structural change, creating strong individual incentives and a free market economic environment? Contd.....P2-2- c. India has displayed a massive strength across the globe, with respect to its accomplishments in the field of science and technology, health care, medicine, business and industry etc. but the growing population has always limited the potential that can be domestically hamessed for improving the pace of intemal growth. Keeping these factors in mind, what kind of bold population policy norms are needed for a country like India in order to adopt a balanced approach of keeping pace with the demands ofa growing population and also showcasing its potential to the outside world? d. “Market failure occurs when private markets do notallocate goods or 2. we services efficiently; the existence of market failure provides an efficiency-based rationale for collective or governmental provision of goods and services.” Comment. Section -B To what extent can the right to food enshrined under the National Food Security Act be used asa tool for the starving population of the country to demand the state’s accountability towards the issue of hunger for the deprived population? What role has the Public Distribution system played with regards to ensuring a nutritional support to the hungry population? Recognizing the iocal money lenders as ‘anti-social’ elements, the government enacied various legislations to regulate their activities. In this regard, a multi - agency approach was adopied by the government which significantly improved the situationand helped in institutionalizing the issue of finance for the rural sector. What specific efforts have been made by the Finance Ministry under the aegis of this multi-agency approach and what changes have been observed with respect to the role played by institutional sources of agricultural finance in India? Section - C The phenomenon of non-performing and persistent loss making, in the industrial sector in India has affected adversely, the health ofthe economy in general and the industrial sector in particular. How far is there a likelihood of an agreement to this perception? What factors in particular can be ascribed to have induced such a situation inthe economy? What kind of corrective policy and legislative measures have facilitated the regaining of the health or rehabilitation of these unhealthy and debt-ridden corporations? Contd ...P3 ord.....P,3- ‘The constraints faced by the Small-Scale Industries have resulted in a skewed cost structure placing the sector ata disadvantage vis-a- vis the large-scale industries, in respect of the domestic and the international trade markets. What are the constraints that have been “feferred to, in the above statement and how have they been yemoved? How has the de-reservation policy of the government towards the small enterprises, intervened in the significance assumed by them? Section - D An ideal program envisaged to provide an entitlement to the working class in rural India has actually reversed the traditional way the Indian state has traditionally dealt with citizenry. Moreover, this mission which is largely demand driven, has envisioned a complete transformation in the way the State interacts with the local power lites and the local workers and has also revitalized the Panchayati Raj institutions as well. Draw a comparative of the programs aimed at such an entitlement and explain how has the new scheme acted as a snacroeconomic weapon against slump? “A single poverty line based on acalorie or expenditure nomvis bound to be arbitrary depending wholly on who is setting up ‘this line.” Do you agree? Justify your view point. Further, in reference to your analysis of the above statement, explain the contemporary criteria to determine poverty. Which programs aimed at a direct assault on poverty incorporate both, self-employment and wage employment programs to achieve the objective? Section -E Why should the people's ability to pay taxes be viewed inaggregative terms, against the least adverse effects of taxation on their normal efforts and efficiency, especially in case of a federal finance? What concepts pertaining to taxation can be put to use under such a situation? Apart from giving due consideration to the volume and character of government’s expenditure, what other parameters should bekept in mind while formulating an appropriate taxation policy for acountry like India? Contd.....P44 ‘The financial mechanism of state authority meant at securing social objectives has undergone a sea change in the contemporary era. Do you agree? Explain why has such a change been observed with respect to the economic and social environments in which the state machineries are operating in the present times? Discuss the social and politico-economic objectives underlying the revolution induced by the Keynesian ideology since the 1930s.B.A.LL.B. (HONS.) FYIC FIFTH SEMESTER END TERM EXAMINATION DECEMBER-2022 PAPER -I: INDIA’S FOREIGN POLICY (MAJOR - V) TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Section-A is compulsory and each part carries 5 marks. Attempt one question cach from Section B,C, D & E and each question carries 15 marks. Section-A 1. Write short note on: a. b. Why did India join the SCO? Critically analyse India’s stance at world climate change negotiations. Diseuss the origin of Non-Alignment in India’s Foreign Policy. Discuss the Decision Making theory of forgign policy. Contd.....P22m Section -B Compare and contrast the principles of Realism and Liberalism as theories of foreign policy making. “Geopolitical location of India determines its importance in International Relations.” Discuss. Section - C Compare and contrast India’s considerations behind the Look East Policy and the Look West policy. Discuss India’s stance regarding nuclear weapons and disarmament in world politics. Section -D “India has been a champion of rights of the developing world at WTO.” Comment. “Colonial legacy determines India’s relationship with its neighbourhood.” Critically evaluate the statement. Section -E “The 2008 Civil Nuclear Deal marked a paradigm shift in Indo-US relations.” Evaluate. Discuss India’s multifarious stakes and contributions in the United Nations.Roll no. RO/ETIO3/12/22 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB B.A.LLB. (HONS.) FYIC FIFTH SEMESTER END TERM EXAMINATION DECEMBER-2022 PAPER-I: SOCIOLOGY OF DEVELOPMENT (MAJOR - V) [TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Section-A is compulsory and each part carries S marks, Attempt one question each from Section B,C, D & Eand each question carries 15 marks. Section -A |. ‘Write short note on: a. Howde youConceptualise “Developmental Paradigm’? b. Discuss how Ecosystemic Relations between Environment and Developmenthave been understood by Ecological Perspective? c. Whatdo you mean by Happiness Index? Elaborate. d. Discuss role of Non-Governmental Organizations in large Democracies like we have in case of India. Contd.....P2we Section - B Sustainable Development Goals (SDG) area global aim of the world today. These cannot be achieved until happiness is attained. In other . words, Sustainability and Happiness are deeply connecied. Discuss. Discuss how ‘Employability’ and ‘Funetional / Vocational Education’ can be referred to as crucial indicators of Sustainable and Human Social Development. ° Section -C 4 Discuss with illustrations, the notions prouned by liberal perspective? Ciilically discuss the World system theory of development? Section -D. In Indian democracy ‘Poverty’ has been the biggest challenge. thas not only deprived communities, but also deterred the possibility of their development. Capitalist Path of Developmentaggravated the situation. Do you agree or not? Discuss with detailed references. Media has been a catalyst for overall development of Indian society and economy. However it has also played dysfunctional role for society and some communities. Discuss this dual roie played by Media. Section - E Social Exclusion has affected many communities in context of their cultural Capital and social living. Discuss what can be done to make ‘Inclusion’ a more possible aliemative in Indian Society,’ sothat Social Exclusion gets curbed and controlled? Does Digital Divide affect Human Development Index? Explain your views.RG/ET/06/12//22 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB B.A.LL.B. (HONS.) FYIC FIFTH SEMESTER END TERM EXAMINATION | DECEMBER -2022 PAPER -IE CIVILPROCEDURE AND LIMITATION TIME DURATION: THREE HOURS MAXUMUM MARKS: EIGHTY (80) Note: Section-A is compulsory and each part carries 5 marks, Attempt one question each from Section B,C, D & E and each question carries 15 marks. Section -A 1. Write short note on: a. ‘A’ is a famous Poojari (priest) of a famous temple. On the occasion of Shivratri, ‘B’, a renowned religious guru came to attend the Pooja at the temple. He found that Pooja of deity «was notperformed rightly, ‘B’ has fileda civil suitin Civil Court at Patiala against ‘A’ for declaration that the pooja vidhi was improper. Decide b. Amit filed a suit against Jasmine upon a bill of exchange for recovery of Rs. 15000. In her written statement, Jasmine has alleged that Amit was required to insure the goods of Jasmine while transporting the same and he has neglected to do the same. Asa consequence, Jasmine claims compensation from Aanitto the tme of Rs. 10000 and claims the same to be set off. against the claim of Amit. Decide Contd.....P.22- c. Honey filedasuitin forma pauperis against Madhu at Patiala, During the trial ofthe suit Madhu filed an application for examination ofher witnesses at Mumbai and Bengaluru through appointment of a Commission, Plaintiff Honey claimed that he has no means to accompany his counsel to Mumbai. and Bengaluru for cross examination of the witnesses of the defendant unless defendant is ordered to bear plaintiff's to and fro travel expenses. Defendant contended that under Order 26 rule 15, party can be ordered only to bear the reasonable expenses of the Commission and not the expense of the other party. Decide giving reasons for allowing or disallowing the request for a. “W’ inherited certain properties on the demise ofhis father in November 2008 when “W?” was only 6 years of age. In Japvary 2019, one ‘Z’ came in forcible possession of the property, jnherited by “W’. The limitation period for filing the suit for possession is twelve yeats. “Ww became major in November 3020. in November 2022, “W? intends to file suit for possession and has approached you. Advise him asto how much limitation period is still available to “W" for filing the suit for possession. Section - B 2. Mohan filed two suits against Sohan. Inthe suits filed by Mohan against Sohan, title of Schan to various properties was chailenged. In both the suits allegations were similar and the ‘questions directly and substantially in issue were regarding the title of Sohan to various properties on the same grounds. Both suits filed by Mohan were clubbed together and tried together. They were dismissed declaring the title of Sohan by a common judgment though separate decrees were drawn. Mohan filed an appeal against only one of the decrees. In Appeal, it was contended by Sohan that the other decree had attained finality and thus operate as yes judicata and therefore appeal isnot maintainable. Discuss and decide in the light of judicial pronouncements. 3. IM? was survived by “X?, “Y” and ‘Z’. She was the owner ofimmovable property measuring 25 acres of agricultural land. lt was claimed by that ‘MP had given the entire property to him. ‘X’ had in-fact obtained a joan from ‘L’ against the mortgage of the property owned by ‘M” claiming ‘that the entire property of ‘M’ was given py *M' during her tifetime to *X°, “L filed a suit and obtained a foreclosure decree against “X". No appeal was filed by “X° against the decree and it attained finality. “Y°and °F filed a civil suit in a civil court claiming that allthree ie. *X",“¥" and “7? ace equally entitled to the property and that the decree passed againsteee. } } 3. *X’ would notaffect their sharesin the property. They further claimed that the decree obtained by “L’ was null and void since they were not made parties to the suit filed by *L? against ‘X’. Discuss and jecide. Section -C 4. Hassan owned 25 acres of land at Village Sidhuwal. He wasreceiving revenue of Rs. 100000 (one lac) per acre of land. His family consisted oftwo unmarried children (Arfa and Salman) and a wife Razia. In 2017, he divided the property equally among his two children by way of family settlement but created a charge on the property for ent of 1/3 of the earnings received from the land in favour of his wife Razia for her maintenance. Afier the death’ of Hassan in 2021, both: the children stopped paying the share ofrevenueto their mother Razia. Both the children are settled in Gurgaon. Razia seeks your legal advise as to ihe following: a) What remedies are available to Razia and in which court she can approach for redressal? b) Explain the title of the suit, parties to the suit and issues for determination. 5, After demise of *X’, “I” (elder son of X”) filed a civil suit against “UP, °V’ and “W? (children of x? and siblings of “T”), for partition of the joint family property and fos possession of 1/4" share, inthe civil court at Patiala on 01% November 2020. Process was issued to ‘U’, AV and ‘W’ and they filed their written. staternents in response thereto. They claimed that “T” had already been given cash in fieu of the joint family property and that he invested the money in his business. It was further claimed that since “T’ had already been paid in lieu of his share, he is not entitled to the partition of the property. Issues were settled and the matter was fixed for -plaintiffevidence. Plaintiffadduced his evidence and thereafter defendants were directed to adduce their evidence. When defendants were producing their evidence in court, plaintiff filed an application for amendment of the pleadings on 14" Novernber 2022 claiming that afier the death of their mother (“Y’)in January 2022, he searched her bank lockers and found a document purporting to be the Wiil of their father ‘X” wherein ‘T” has been given 40% of the share in the property whereas balance 60% was to be shared equally by “U*. “V" and “W°. ‘T°, therefore, flied an application for amendment of pleadings claiming possession of 40% on the basis of Will. Discuss the law and decide the application in the Tioht of indicial decisions. Contd.....P4Section - D Anagreement was entered into between “X’ and ‘Y’. The agreement stipulated that if any dispute relating to the agreement arose, the same shall be referred to such Arbitrator, as may be mutually decided by the parties. Dispute arose between the parties and an arbitrator was appointed with mutual consent. Soon after the appointment of the arbitrator, ‘Y’ received the information that the arbitrator has been the consultant of “X’ in the past. There was also significant delay since the arbitrator would absent himself from the meetings. “Y” being aggrieved by the conduct of the arbitrator filed an application in court for revocation of the authority of the arbitrator on the ground that he is working in an unreasonable and biased. manner. “Y” has also filed an application for injunction to restrain the arbitrator from continuing the arbitration proceedings. Decide the application for injunction referring to relevant provisions of CPC and judicial decisions. 7, a) ‘A& obtained decree against ‘B’. He filed an application for execution in the court of competent jurisdiction. During the pendency of execution proceedings an application was filed by an aggrieved person under Rule 97 and/or Rule 99 of Order XX1. Discuss in the light of legal provisions and judicial decisions whether separate suit on any question arising between the parties, including the question relating to right, title and interest in the property can be filed? 7.5 marks b) When application under Order 21 Rule 35 (2) of the Code of Civil Procedure, 1908 for delivery of possession is moved and obstruction is caused, is it necessary for decree holder to move separate application under Order 21 Rule 97 of the Code? Discuss and decide. 7.5 marks Contd.....P5a5 Section - 2 . “EP Sled a suit against “G" inthe city civil court at Patiala. Suit was decreed in favour of ‘EP and first appeal by “G" was distaissed by the Appellate court, Aggrieved by the dismissal of the appeal, ‘GH filed second appeal in Punjab and Haryana High Court Punjab & Haryana High Court decided the appeal in favour of without frmulatiog substantial question of law. it was held by the High Court that by virtue of section 4! of the Punjab Courts Act, 1918, the High Court oan eateriain second appeal without formmlaiing substantial question of law. It was further beld that section 41 ofthe Punjab Courts Act. 1918 is saved from the operation of section 100 of the Code of Civil Procedure, 1908. “H’ has challenged the decision ofthe High Cour. inthe Supreme of India. ftis claimed by “H’ in the Supreme Courtthat the decision of the High Court is illegal and contrary to section 100 Code of Civil Procedure, 1908 and therefore, should be sei aside. Decide the appeal referring to relevant provisions of Code of Civil Procedure, 1908 and judicial decisions. | Madhubani claimed to be in aclverse possession ofa residential house property since 1998. In 2012, she transfered possession and her rights in the residential house property fo Vishwa for a consideration of Rs. 20 lacs, One Ram filed a suit for possession on the basis of title against ‘Vishwain 2018 claiming that Ram is the owner of the property. Vishwa, denicd the title of Ram and claimed that suit is barred by time whereas Rem olsimed that suit has been filed withia limitation pariod, Consider ove facts and decide referring te relevant legal provisions and wiel decisions.frome. | RG/ET/O6/12//22 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB B.A.LL.B. (HONS.) FYIC FIFTH SEMESTER, END TERM EXAMINATION DECEMBER-2022 PAPER: ADMINISTRATIVE LAW (RE-APPEAR CANDIDATES) TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Section-A is compulsory and each part carries 5 marks. Attempt 1. one question each from Section B,C, D & E and each question carries 15 marks. Section -A Write short note on: What is termed as ‘watershed’ if one draws two circles of administrative law and constitutional law ata certain place? Essential legislative function cannot be delegated.Comment. Analyse the legal issues of Maneka Gandhi v. Union of India (1978) SCC 248 with reference to audi alteram pariem Rule. Object and purpose of Right to Information can be defeated due to frivolous complainants filed in courts. Write your suggestions to curb the misuse of RITAct? Section -B “Today in India, the administrative process has grown so much that it will not be out of place to say that today we are not governed but administered”. In the light of this, discuss the growth of Administrative Law in India and its scope. Contd... P22 The Former Chief Justice of India N. V. Ramana gave wider meaning to the concept of rule of law when he quoted “a nation is not merely aterritory. A nation is essentially its people. Only when its people ptogress, the nation progresses.” In reference to this quote, highlight the modern concept of rule of law as compared to Dicey’s concept ofxule of law and its implications? Section - C Delegated legislation is open to scrutiny of the courts and it may be declared invalid on various grounds. The Constitutional Courts have been conferred with the power to declare laws enacted by way of delegated legislation as Unconstitutional. Examine the statement and substantiate the same with the help of important judicial pronouncements. Parliament control over delegated legislation is a constitutional necessity, but extensive parliamentary control frustrates the basic object of delegating law making power to the administration. Comment with the support of suitable cases. Section - D “Justice should not only be done but should manifestly and undoubtedly be seen to be done”. Justify this maxim in the light of principle ofrale against bias and its validity. Analyse the constitutionality of administrative tribunals under Articles 323-A and 323-B of the Indian Constitution and L.. Chandra Kumar v. Union of India, (1997) 3 SCC 261. Section -E, Public Corporation is a hybrid organization combining features ofa government department and a business company; therefore itis difficult to lay dovmn its basic characteristics with exactitude. In this backdrop, discuss the chief characteristics of public corporations and its kinds? The doctrine of legitimate expectation is the latest recruit to a long list of concepts fashioned by the courts to check the abuse of the exercise of administrative powers. Itimposes morality in all public dealings. In this context, explain the doctrine in detail?RG/ETIO8/12122 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB aieatian Prvctieesct oe uead B.A.LL.B. (HONS.) FYIC FIFTH SEMESTER END TERM EXAMINATION DECEMBER -2022 PAPER - HW: CRIMINALLAW (SUBSTANTIVE - I) TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Section-A is compulsory and each part carries 5 marks. Attempt one question cach from Section B,C, D & E and each question carries 15 marks. Section -A 1. Write short note on: a. Ais sentenced to 2 fine of four hundred rupees and to four months of imprisonment in default of payment. A paid three hundred rupecs fine but failed to pay Bs. 100. Discuss in light of the provisions of the Indian Penal Code, 1860 as to how long A has to undergo imprisonment for the non-payment of theremaining amount of ‘fine? b. John Dos, an Indian citizen has been forcibly compelled on gunpoint to assault the Govemor of one of the states in India. Discuss as to whether John Doe will get any defence under Chapter IV of the IPC, 1860. c. Ross, Racheal, Joe, Chandler and Phoebe were having coffee at The Central Perk, a famous restaurant in Patiala City. Suddenly, Ross had an altercation with Phoebe on the issue of Palaeontology which turned in to a fight where Racheal sided with Ross and Joe and Chandler supported Phoebe. Finaily, the police had to intervene +o maintain the peace in the situation. Discuss as to whether all five of them have committed any offence under the Indian Penal Code, 1860. Also mention the punishment for such an offence. Pomtd BO“2 d. Suresh Mehta, who is the owner of an apartment, wilfully misinforms the Magistrate of the district that the death of his tenant has taken place by suicide concealing the fact that one of his neighbours caused his death by hanging. Discuss the crimmal liability of Suresh. Section -B 2. Gabbar Singh, a famous politician had personal enmity with deceased Thakur Baldev Singh who was a retired public servant, Gabbar Singh along with his companions Kalia and Sambha and the servant of Thakur, Ramial, who also did not like Thakur, conspiréd to kill Thakur Baldev Singh. On the date of the incident, Gabbar Singh along with Kaliaand Sambha opened fire upon Thakur Baldev. Singh while he was doing his moming walk, Ramial who was slanding close to. Thakur neither tried to save him nor did anything to killhim. Thakur Baldev Singh succumbed tothe injuries. Ramial was also prosecuted alongwith Gabbar, Kalia and Sambha for catising the death of Thakur. Ramial stated at the trial that he did nothing except he agreed to the intentions of others to kill Thakur. }) Discuss the liability of Ramlal with relevantcase law.. 5 Marks : 3) Distinguish between common intention and similar intention and support your answer with relevant authority. 5 Marks iif) Whether common intention can be formed on the spot? Justify your answer with the help of decided cases. 5 Marks 3.4) Chhotu, aged 15 years, sells magazines near a book stall at Ambala railway station. Chhotu has studied only upto standard 4" and has limited knowledge of English language. One ofthe English magazines which he sold to his customers contained obscene materials, which Chhotu liad no chie about. Discuss the liability of Chhotu ifany. i) Severus Snape, a university professor has been sentenced for life by the Sessions Court Mumbai forthe offence of murder of one Prof. Dumbledore. The convict has beeia considered for remission of his life imprisonment by the Government. Discuss with reasons the fraction of such terms of punishment which shall be considered for the purpose of calculation. 5 Marks iid) A, is the Jail Superintendent of Central Jail in Delhi, who failed to apprehend the confinement of a prisoner in his jail because of gross negligence on his part. Discuss the liability of A. Also discuss his liability if he has allowed such au escape intentionally. 5 Marks Contid.....P.3a -3- Section -C 4.3) The accused shot the deceased when he was engaged in a sexual intercouise with his minordaughter. The prosecution claimed that the sexual intercourse was consensual. The accused claimed private ‘défénice. Discuss as to whether the accused can avail this right under Section 100 of the Indian Penal Code, 1860. Support your answer with relevant case laws. 5 Marks ii) Discuss thé fundamental principles of private defence laid down by the Supreme Court in Darshan Singh v. State of Punjab AIR 2010 SC1212 10 Marks -§, Theaccused entered the house of his neighbour and stabbed her daughter aged 10 years with a knife. He inflicted five stab wounds, one on the back trunk; one on the sight gluteal region, two onthe right thigh and one'on the chest. The injury on the back of trunk, proved fatal. The girl died in the hospital. The accused then returned to his house and boited the front door. A crowd collected near the front door and raised an alarm. After some time, the accused went out by the back door and stabbed others who tried to intérvene. He then ran bacicto his house, bolted the door and started throwing brickbats from the roof, He was later arrested by the police, All these facts are proved by unimpeachable evidenice. He was declared to be a lunatic though not violent. The psychiatrist noted that the accused had a relapse of schizophrenia and was suffering from disorder of thought, emotion and loss of contact with realities. From his attitude and manner of talk he was found to be aggressive. On September 6, 2022 the psychiatrist reported that the appellant was cured and was ina position to understand proceedings in court. The appellant was sane at the time of the trial. Discuss with the help of decided cases as to whether the case of the accused would fall under Section 84 of the Indian Penal Code. Support your arguments with decided cases. (Note: Schizophrenia is a general term referring to a group of severe mental disorders marked by a splitting or disintegration, of the personality. The most striking clinical features include general psychological disharmony, emotional impoverishment, dilapidation of thought processes, absence of social rapport, delusions, hallucinations and peculiarities of conduct.) . Section - DB 6, Trace and critically evaluate the judicial pronouncements on the law of sedition in India from Bal Gangadhar Tilak (1897) to Kedarnath (1962) and from Kedarnath to Vombatkere (2022). Also elaborate Contd.....P44. upon the arguments for and against the constitutional validity of this provision under the Indian. Penal Code, 1860. 7. “The very agreement, concert or league is the ingredient ofthe offence. Itisnot necessary that all the conspirators must know each and every detail of the conspiracy as long as they are co-participators in the main. object of the conspiracy. There may be so many devices and techniques adopted to achieve the common goal of the conspiracy and there may be division of performances in the chain of actions with one object to achieve the real end of which every collaborator must be aware and in which each one of theai must be interested. There must be unity of object of purpose but there may be plurality of means sometimes even unknown to one another, amongst the conspirators.” Supreme Court of India-in State of Tamil Nadu v Nalini (1999. SC) i); If there are two conspirators and one of them is acquitted then what would be the liability of the other co-conspirator? Comment. ii) Discuss whether Conspiracy is a continuing offence. iii) In what circumstances an act in furtherance of the agreementis important for constituting an offence of conspiracy. Section - 8.1). Critically analyse the test of Obscenity in India from Hicklin to Community standard in light of the decided cases. 10 Marks ii). ' Abhitak, a popular news channel disclosed the identity of the victim against whom an offence under Section 376/ Section 376 A has been found to have been committed. Discuss whether the news channel is fieble under the provisions of the Indian Penal Code, 1860. 5 Marks 9. Discuss the criminal liability in the following circumstances- i) Rohan makes a false entry in his shop-book for the purpose of using it as'corroborative evidence in a Court of Justice. Is Rohan liable? Discuss. 5 Marks ii)Rahul, knowing that Simran has murdered Prem, assists Simran to hide the body with the intention of screening Simran from punishment, Comment upon the liability of Rahul. 5 Marks iii) Bhushan, a resident of the village Phulera falsely informs the police constable that Abhishek, the panchayat secretary of the village had contraband salt ina secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will bea search of premises of Abhishek. What offence has been committed by Bhushan?RG/BT/10/12//22 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB B.ALL.B, (HONS) FYIC FIFTH SEMESTER END TERM EXAMINATION DECEMBER -2022 PAPER-IV: PUBLICINTERNATIONALLAW TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note:, Section-A is compulsory and each part carries 5 marks. Attempt one question each from Section B,C, D & E and each question catries 15-marks. Section -A 1, Write short note on: a. Opinio Juris Sive Necessitatis explain with case Laws b. Hew individuals have evolved as a subject of international Law? c. Weite short note on the following Maxims with suitable examples: i) Pacia terties nee nocent nec prosunt ii) Rebus sic stantibus ya Explain “Forum Prorogation” from the standpoint of the Statute of the International Court of Justice? Contd.....P.2De Section.- B . “Customary norms and treaty norms have the same content, customary international law comprised of rules identical to treaty aw but latter supetvene the former.” Elucidate the relevance and significance of customary intemational law in contemporary disputes and conflicts among states with case laws A vessel isinvolved in Piracy on High Seas and itisregistered in country X and bears its Flag. It attacked the ship of country Y. Country Xhas ratified UNCLOS whereas country Yis only signatory to UNCLOS. The Laws of country X do not provide for extra terzitorial operation. Country Y requested country X to take action against the vessel having ratified UNCLOS whereas country X contends that even though is has ratified UNCLOS, its domestic Law does not provide for extra territorial operation of Law. Decide : Section -C Chraustralia is a nation in the South American Continent and is in existence for more than 400 years. It has been recognized as a State by more than 178 nations across the globe. Recently, the Chraustralian Government took certain measures and as a result; the protest was launched by the ethnic minority of the country, During such protests, a fraction is cteated that demands independence from Chraustralia and that independent Siate shali be called Western Chraustralia, This proposition is not accepted by many citizens ‘of Chraustralia who either belong to that ethnic minority or reside in the region proposed. as Western Chraustralia. Nevertheless, they achieved creating a partition between Chraustralia and Westem Chraustralia, but only by violating the principles of international law such as the use of force, grave violations of human rights, right to self-determination, etc. Teru, being a neighbouring State of Chraustralia has been. a mute spectator inthis incident. Although it shares very cordial relations with Chraustralia, it isstill mindful that its own citizens also resides in Western Chraustralia. After the creation of Wester Chraustratia, Teru is entangled ina legal anomaly regarding whether to recognize the state of Western Chraustralia and its Government. Asa matter of fact, Teru follows the “Bffective Control Test” and “Stimson Doctrine” to render its recognition but is subject to the condition that it should not be against _ itsownnational interest, You are recently appointed asa Legal Secretary to the Ministry of Foreign Affairs of the Teru Government and asked torender your advice on the given issue. Support your arguments with theories and doctrine of Recognition falling under the realm of Public Intemational Law. Contd....P33. 5. Inthe continent of Asia, Dagestan, and Kazakov are two independent Oi nations sharing their land and ‘maritime borders. It is also pertinent to mention that both nations are members of the United Nations (U. ND and have ratified the U.N. Charter, 1945. Although they enjoy a very cordial diplomatic relationship with each other butona fateful day, the SOldiers of Kazakov killed three citizens of ‘Dagestan namely Saleh, Khabib and Azmat under the pretext that they were smugglers. Dagestan alleged a violation of the principle of ‘non-interference by Kazakovas it has its own law enforcement agency capable enough to take action against such criminals. As aresult, ithas claimed compensation of $45 Million from Kazakoy for committing those wrongs. Inits defence, Kazakov argues that its soldiers have very precise inputs from intelligence, and they acted based on such inputs. It is also contended that the smugglers, with the intention to smuggle deugs, were illegally trying to enter the territory of Kazakov, thereby rieglecting the repeated warning given to them by its soldier. You are being appointed as a ‘Mediator by these nations and want your expertise in settling this dispute. ‘With a help ofacompichensive document, you are required to apprise them with a correct legal exposition of the relevant provisions of the Draft Article on State Responsibility, which is signed and ratified by both nations, underlying principles and its applicability inthe given scenario, so that 4 settlement could be reached. Section - D 6.a) “The government of State X granted: asylum in its embassy to military rebels of country Y, who were physically in danger from the mob violence. The embassy was situated and claiming that it had right to do so because there isa local custom to grant asylum.” Isthe action of Statejustified? State Justified (10 Marks) b) ‘Extradition ends when asylum starts.’ Explain with suitable examples. (5 Marks) ‘L.a) “Aregional treaty among states regarding disarmament from conventional weapons. State A specially accedes that treaty by declaration.Afier some years state A appends an interpretative declaration that it will reconsider the application of the agreement: should . the political circumstances radically change. In 2018, it starts again to "acquire such weapons on the ground that the political tension in the region necessitates it to do so. By reaction of other parties, it decides to denounce the treaty on the basis of fundamental change of circumstances.” Contd.....PAd ii) by -4- Does. the State A has the right to denounce the treaty under Article 62 of VCLT, 19692. Is thie acquisition of conventional weapons under such political circumstances was justified pursuant to its interpretative declaration? ‘The Diplomat of State X was suppling weapons to 4 banned outfit in violation of local jaw in State Y. when he was caught, he claimed diplomatic immunity, can he succeed? * Section- E Despite the consistent efforts by various International Organizations and regional institutions, two independent nations Kibawe and Morata . . are not able to resolve their conflicts. The dispute pertains to the land border, and it’s alleged by Morata that Kibawe is hampering the peaceful séttlement of the dispute, Due to this stalemiate, both countries have fought three wars and, on all occasions, Kibawe was the aggressor. It isin the fitness of things to mention that bothi nations share the land as well a3 the maritime border with each other. They have atotal trade of more than $100 billion on the annual basis, where the majority of the products and services are exported by Kibawe to Moraia. Asa legal advisor to the President of Morata, you are asked to briefhim on the possible uniiateral measures that could be invoked in the given scenario along with justification for their invocation. Explain exterisively the kind of measures that the U.N. Security Council can invoke under Chapter VI of the U.N. Charter, 1945 along with explaining the applicability and efficacy of the “Uniting for Peace Resolution” adopted by the General Assembly, Resolution 3770).iRo il ne. RG/ET/3/12/22 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB B.A.LL.B. GIONS.) FVIC FIFTH SEMESTER END TERM EXAMINATION DECEMBER -2022 PAPER-V: PROPERTY LAW @NCLUDING REGISTRATION) TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Section-A is compulsory and each part carries S marks. Attempt 1 a. one question each from Section B,C, D & Eand each question carries 15 marks. Section -A Write short note on: “A transfers his 14 Marla house in sale to ‘B’ in 2002 with a condition of direction for accumulation of its rents up to 2022. A died in 2015. Whether the direction for accumulation of rents by *A'is valid or not? Highlight with suitable provision and reasons supported in Transfer of Property Act, | 882? X? makesa gift ofhis factory situated in Patialato “Z’ withacondition to reserving to himself the right to take back the factory in case *Z’ and his children die before the death “X’, Consent for the same is taken fiom ‘Z’.*Z’ dies without children in ‘X’s lifetime. Whether X can revoke the gift? Analyse with relevant provision? ‘Right to marshaling supersedes contribution’, Do you agree with this staternent? Discuss with suitable illustration? d. Saleis executed only by registration after fulfilling all the formalities. ‘What is the valid registration process for sale under the Registration Act, 1908? Contd.....P22- Section - B 2, Before the Benami Transaction (Prohibition) Act, 1988, the transfer by ostensible owner was governed by Section 41 of ‘Transfer of Property Act, 1882. But after coming jnto existence of the Act of 1988, section 4] was subject to Act of 1988. After coming up of the Benami Transactions (Prohibition) Amendment Act, 2016, now all the provisions jelating to benami transactions are governed by the Act of 2016. Inthe light of this, discuss the following: a) Whatare the consideration laid down by Supreme Courtin Jayadayal Podder v. Bibi Hazara AIR 1974 SC 171 to decide whether a person is ostensible owner or not? b) Persons covered and: exempted from the term Benamidar’. c) Authorities to deal with benami transaction cases. d) Whether the Benami Transactions (Prohibition) Amendment Act, 2016 has retrospective or prospective effect? 3. Answer the following with reasons: a) ‘A’ transfers his house to “B’ with a condition that if‘B’ does not take possession of this house within three months from the date of the transfer, the house shall belong to ‘C’. Whether the interest of “B’ is vested or contingent? b) ‘X? isthe owner of banquet hail in Rajpura. Forhis business he takes aloan of Rs2 lakhs fora period of one year by mortgaging that banquet hall to “Y”. Banquet hall is the only property, which can be used by ‘Y’ to recover his loan. Before the expiry ofone year, “X” has sold out that banquet hall to his cousin brother ata very low market price. Whether the above-mentioned transfer is fraudulent or not? c) Whether the dedication of property to temple comes under the meaning of the term “transfer of property” or not? Section -C 4. In India the equity of part performance is passive equity: it can be used only asa shield and notas asword. In reference to this statement, explain the scope of section 53-A under the doctrine of Part Performance with releyant judgments? Contd...P33. . Alease of 10 years was entered between ‘A’ and ‘B’, which had expired.“B’ remained in continued possession without registering fresh lease deed on payment of enhanced rent, Whether the lease is determined or not? Analyse other relevant situations also when the Jease is determined between parties? Section - D . Anagreement ina mortgage-deed that in default of payment of debi on due date, the mortgagor will sell the property to mortgagee ata price to be fixe: 2 will be aclog on redemption or not? Justify also the other instances of clog. on redemption in the light of maxim, “Once a mortgage, always a morigage and nothing but a mortgage"? . Legal Subrogation is based onthe equitable principle of reimbursement. Explain the term “Legal Subrogation’ and discuss how it can claimed by the following persons with, illustrations: a) Puisne mortgagee b) Co-mortgagor c) Surety Section- E _ Whether Lease of immovable property from year to year, fora term exceeding one year or reserving a yearly rent requires compulsory or optional registration? Highlight also compulsory registrable documents with reference to different modes of transfer of property laid down in Transfer of Property Act, 1882? . Discuss the following: a) Whether the document not presented for registration within time be registered after expiry of the prescribed period? b) ‘A’ isvesiding in Canada. He executed a sale deed from Canada on 02.04.2022. Afier that he came in India on 17.11.2022 and submitted the documents on 19.11.22. Whether itis a valid time for segistration under the Registration Act, 1 908? c) Ramesh executed a contract for purchasing ashowroom from Dinesh in Jaipur. After that, Ramesh proceeded to. ‘Australiaand settled in his new job. Lalit, his brother who had general power of attomey acied onthe behalf of Ramesh and got the sale deed of the showroom registered? # i id?Roll no. RGIETHS/22 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB B.A.LL.B. (HONS) FYIC FIFTH SEMESTER END TERM EXAMINATION DECEMBER -2022 PAPER-Vi; CORPORATE LAW TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Section-A is compulsory and each part carries 5 marks. Attempt one question each from Section B,C, D & Eand each question caities 15 marks. Seetion-A 1. Write short note on: a. Radiant Pvt. Ltd. had 5,00,000 equity shares of Rs.10 each fully paid as on 31st March 2014. Two shareholders holding 1,50,000 equity shares each sold their shares to Srilakshmi Ltd. at Rs. 15 per share and the Board of directors approved the same on 20th April 2014. Discuss in detail the implication on the nature ofthe company by the said share transfer. b. ‘Merchandise Transport Corporation’ was a company incorporated in the year 2012. Advise ‘Merchandise Transport Corporation’ whether it can seck injunction against * New Merchandise Transport Corporation’ which was incorporated subsequently in the year 2017 on the ground that it creates confusion and deceive the public. c. X Ltd. isa listed company having 14 directors. Company has 2 nominee directors included in the total number of directors. Find out as per the provisions of Companies Act 2013 that how much minimum Contd.....P.24. 2 number of directors should retire on rotation and what is the rule to identify which director should retire once the minimum number of eligible directors to besetired is calculated? d. Cousins Ltd, issued a notice for holding an AGM on 7° November 2012. The notice was posted to the members on 16 November 2012. Some members of the Company alleged that the Company did not comply with the provisions of the Companies Act with regards to the period of notice and therefore such meeting should be declared invalid, Discuss and decide whether the meeting is valid or not and can the shortfall, if any, be condoned. Section - B Atthe time of Incorporation ofa company, six of the seven signatures ofthe memorandum of association of a company were forged. The memorandum was duly presented, registered and a Certificate of incorporation was issued. The existence of the company was subsequently attacked on the ground of insufficiency ofthe required number and forgery and asked for cancellation of registration. ls this tenable? Discuss in detail the leval principle involved along with case Laws. Can the promoter be made liable in this case? Discuss the relevant provisions John had been employed by acompany ABC Ltd., under an agreement that he would not compete with the company for a period of 5 years after leaving the company. Further he would also not contact the customers of the company as well. John left the company and incorporated another company in the name of his wife. The object of the company was similar to ABC Lid. Company. Discuss and decide whether the lifting of the corporate veil can be done in the present situation. Section - C ABC Co. Ltd. issued a prospectus declaring that company was zegularly declaring dividends for last five years without mentioning that the company had suffered losses for three previous years. Mr. A Contd.....P3EEE ODE EEE EEE | 3. received a copy of this prospectus and after reading the statement he became interested in buying the shares of this company.As the cutoff date for applying for the shares had already passed, he purchased the shares from the stock exchange on the first date of its listing. Soon he fealized that the company was suffering from huge losses, and the | director of ABC Lid. had deceitfully issued the prospectus. Guide him through the legal course of action, against company/directors. | 5. Canthe shareholders enter into an agreement amongst themselves, which is inconsistent with the Articles of Association of the Company? Explain with the help of relevant case laws. Section - D 6. Board of Directors of M/s ABC Motors Ltd. made the following appointments at its meeting held on Ist January, 2014; 1) Mr X,a Director ofits subsidiary company, namely, ABC Forgings Lid. was appointed as Purchase Manager ona consolidated salary of Rs, lakh per month wef ist January 2014. TD) Mr. Y was appointed as the Sales Manager ona consolidated salary of Rs 1.5 lakhs per month wef ist January 2014. Answer the following: a) Does the appointment of Mr. X require the approval ofthe members ina general meeting of any company? Will your answer be different ifM/s ABC Motors Ltd is the subsidiary of Ms ABC Forgings Lid.? b) Mr. P,arelative of Mr. Y was appointed as a Director of M/s ABC Motors Lid. on 1st August 2014. Does it affect the continuation of Mr. Yas the Sales Manager? 7.a) You are a secretary ofa company named SYL Ltd. The company has suffered loss in the year 2020-2021. The directors of your company intend to recommend the payment of dividend out of the sale of fixed assets of the company and partly out of the accumulated profits and revenue reserves. They seek your opinion for the same comment. Contd... PAEERE IEE b) The auditor of'a company. wanted to see the minuie’s book ofthe - directors meetings. The Chairman of the company refused on the ground that confidential matters were contained therein. Advise the Auditor. Section- E 8. Justand equitable’ is one of the grounds for compulsory winding-up ofacompany under the Companies Act, 2013. This ground is resorted to when no specific ground for winding up is efficacious.” Elucidate the statement and cite circurastances that may be acceptable or unacceptable to the court in passing an order of winding on just and equitable ground. Support your answer with relevant case laws. 9. Paragoai Utility Financiers Pvt. Lid was a company incorporated in 2016. Thete was no‘ involvement of the shareholders in the managemeiit of the company. The shareholders filed a case against the compaiiy on the grounds that the company was not holding the ansmual general meetings, they were not being informed about the manner in which the working of the company was taking place and further the directors of the company were using the money of the company for their personal use. Discuss and decide whether the action of the shareholders is maintainable.