BS Ror | oe _ RGIMT P0922 RAJ, GANDHI NAT NAL UNIVERSITY OF LAW, PUNJAB BALLB: GIONS. enc : TACT DING REGISTRATION) © TIME DURATION: ONEAND. HALF HOURS. a MAXIMUM MARKS: FORTY (40): ~ Section = ‘A is compulsory and ‘each part c carries § marks. Attempt oe: question each fom s Section B& C and each : questione carries. 10 marks . is the owner of! Factory outlet ofbranded clothes near Patiala, He transfer the factory to his wife for her Hf and thereafter the sons bom to them were to take the property absolutely. Abialyze the nature of interest given to sons : with justified reasons. 2 Shouse, sertitories. Gradually the relations between two states wete deteriorated without any reasons, State A imposed restrictions upon state B’s nationals who were doing jobs and decide to denounce the treaty. State B was not ~ $0 prosperous state and it was dependent upon State A for riafural resources and for food items. State B approach the ICI with the consent of State A for resolving the matter and claiming that State A Has violated the treaty. customary law and general principles. Can State B'claim its rights over State A according to the above bilateral treaty?u \ SECTION - € 4, “Dingapore is a beautiful island situated in South Bast Asia and its Constitution manifests through various provisions for respect of the International obligation undertaken by its Government. Being anon member of the UNO, Dingapore often feels left out of the deliberations onthe issues of global importance. The Dingapore’s Ministry of Foreign Affairs (MFA) appoints you as its Legal Advisor and entrusts you with the iask of preparing a document scrutinizing all the legal provisions dealing with the Membership of UNO. Also, Krance being a permanent member of the United Nations Security Council vetoed the application for membership to UNO. and for its justification, it states that the Dingapore governmentis not duly elected by its people and is rather an authoritative regime. Mallyasia, a country with friendly relations with Dingapore and also amember of UNO, invokes a contentious jurisdiction of ICJ, on behalf of Dingapore, against Krance for creating an impediment in Dingapore’s membership to ‘the UNO on flimsy ground.” Discuss the legality of the aforesaid condition/criteria in light of availableprecedents and the United Nations Resolution. 5, “Windia amember of UNO, is often seen asa nemesis of Bazukistant. ‘Through its Military Intelligence, the Windian Government came to ‘know that some local mercenaries/terrorists are planning to aitack its soil and to that end, they procured heavy arms and ammunition. The Windian Government has always alleged that the Bazukistant government is responsible for providing a safe haven to those local mercenaties/ terrorists and rather colluding with them for carrying out such sort of attack. Windian Government asked its armed forces to take preemplory measures to circumvent that attack and ensure no damage is caused. Following the directions, the Windian Armed Forces attacked those Jocal mercenaries/errorists by entering the territory of Bazukistant.” isthe Windian Government justified under Article 51 of the Charter. 1945 to carry out such an attack?Not: Seetion'- A is compulsory: and each part carries 5 marks. Attempt-one auestion c¢ each: fom Section: B and: each: : question caries 2) 19 marks... oe & the conipany is seven. in the year 2005 two of the ‘crash. In light of the above facts elucidate that will this situation have any. effect on the existence of ‘the Company, under the Companies Act, 201 3. ‘be Apoblie limited Company ‘has oalys Sever shareholders, ali the shares being ‘paid in full. | All the shates of one such shareholder are sold by the court in an “al tion and purchased by one of the six other shareholders on 15" March holdersop spivate limited Company it is discavered that there aren fact; 204 members. On an enquiry; it is ascertained that 6 of Such members have. been employees of the Company in the fecent past and that they acqitired their shares while they- were still employees of the Company. Isit necessary 46 convertthe Company into a Public Limited Company? de The plaintiff sued the defendant company forthe non-payment of loan of, Rs, One lakh Fifty thousand which was taken through aletter sanctioned by the Board of Directors. An intemal meeting of ‘the company was held on | March 2022 wherein it was decided that the power to take the loan was only given to the Secretary of the company and not to the Directors of the company. Discuss whether the plaintif'succeed in his action for the recovery of the loan amount. : rege SECTION -B 2: Ranusagar and: Cé'was a company incorporaiéd:under the Companies Act dealing with mamfacturing of electrical appliances. It was established in the state of Punjab in the year 2009. One of the provisions mentioned under section 4 of the Punjab Electricity Duty Act, 1990 was that “ifa company. > uses the electricity generated by its own source of energy, itcan avail the benefit of reduced rate of duty on the electricity, which was generated”. Ranusagar and Co and tivo subsidiary companies were also established in ‘the state of Punjab with the names Rajan and Co Ltd. and Hindsagar Lid. _ Ttcame to light that Ranusagar and Co. was using the electticity of Rajan and Co Ltd. and Hindsagar Ltd and paying the reduced rate of duty on electricity. oa : “In light of the above facts elucidate that can the lifting of the Corporate Veil ; iake place in such a situation to know the exact nature of the company. us ~The promoter of an upcoming Company entered into a contract to buya plot on behalfof the compaiy, the payment of which was to be done after ‘6 months. The promoter was given around 50 Lakhs forthe deal, which he didn’t disclose inthe statement books of the company. After one month of the contract; the company finally came into existence. Companty after the coming into existence, refused to entertain the contract to buy the land. Discuss the liability of the Company and thé Pronioter in this case. Pant D2SECTION -C€ 4, Acompany named Simba and Co Ltd. was incorporated in the year 2002 which engaged in the business of manufacturing chemicals. The company’s object clause inthe memorandum authorized the company to do “all such business and things as may be incidental or conducive to the attainment of the objects of the company”. The Company through a resolution passed on 22 December 2005 distributed a certain sum of money out of the surplus to Universities in firthetance of scientific research and training. The justification given by the Directors of the company was that itis difficult forthe company to find trained men in the field of scientific research and education, therefore, in order to promote such field of education among people, the company had to pass such aresolution: However, the resolution was challenged on the grounds of it being ultra vires to the power of the company and beyond the object clause of the memorandum, Discuss and decide with the help of relevant case laws. 5, The paid-up share capital of XYZ (Private) Co. Limited is 20 lakhs consisting of 2,00,000 Equity Shares of 10 each fully paid up. ABC (Private) Limited and its subsidiary DEF (Private) Limited are holding 60,000 and 50,000 shares respectively in XYZ (Private) Co. Limited. Examine with reference to the provisions of the Companies Act, 2013, whether XYZ (Private) Limited is subsidiary of ABC (Private) Limited. Would your answer be different if DEF (Private) Limited is holding 1,10,000 shares in XYZ (Private) Co. Limited and no shares are held by ABC (Private) Limited in XYZ (Private) Co. Limited?Roll No, RGIMT/1 5/09/22. RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB B.A.LL.B. (HONS.) FYIC FIFTH SEMESTER MID TERM EXAMINATION SEPTEMBER 2022 PAPER -I: INDIAN ECONOMY (MAJGR-V) TIME DURATION: ONE AND HALFHOURS MAXIMUM MARKS: FORTY (40) Note: Section - A is compulsory and each part carries 5 marks. Attempt one question cach from Section B & C and each question carries 10 marks SECTION -A 1. Write short notes on the followings: a. The development implications of India’s 75 years of socio-economic policy regimes has ushered in the country, a phase of structural dualism, a policy dualism as well as an era of digital dualism. Comment. b, Although India is known as the Global Agricultural Powerhouse, yet there area series of challenges that make the accomplishments of the agricultural sector look dwarfs in comparison to the achievements made by other sectors in the country. One of the reasons is perhaps the difference in the yardsticks used for assessing growth in other sectors. Justify the analogy drawn here in the light of the parameters that should be rightly used to measure the growth in the agricultural sector. Contd,...P.2w we The process of industrialisation has not generated sufficient growth potential either in terms of contribution of output or employment; what israther more serious is that the rate of growth of industrialisation has rather been declining with every decade, which on the contrary, should have accelerated because of the series of indusirial reforms. Explain why has such a paradoxical situation been faced by the indusiria! sector, despite all efforts for growth and hopes for economic prosperity pinned upon it? . Classify the type of industries in India as per the MSMED Act, 2006 and it’s subsequent amendments SECTION - B The massive economic drain caused by the Britishers siphoned off India’s resources and blew off its prospects from the trajectory of economic development, Trace briefly, the journey of India's growth from the pre- independence period to the post independence period. Thereby, correlate the facets of the pre-independent India to justify how these provided a ground for India opting and performing to be an accomplished planned economy, The Green Revolution, apart from providing surplus food to the country, with intensified agriculture over the years, also degraded the fragile agri ecosystem in India. How far do you agree to this perception? Support your answer With suitable arguments. In this context, also; identify the suitable means to maintain soil and piant health without risking grain yield and food security in the country. SECTION - C Even without knowing much about the public sector enterprises, most Indians had a favorable opinion about the sector; but with a gradual increase in investment at a very high level, increasing volume of losses by some Contd... PSB= enterprises. the general opinion about the sector changed towards a different direction. Enumerate all such factors which rendered these enterprises as less profitable and jess attractive, eroding public faith in their working. Further inthis reference, discuss whether the capacity of the Public Sector Enterprises io generate a greater social rate of return absolves them of their obligation to perform economically more efficient or not? Provide statistical support to your arguments. . Treading 2 glorious journey from the days of the Small Industrial Development Organization (SIO) to MSME Act 2006, the Small Industries sector has been on a persistent phase of evolution, so much so that it is now also called the Growth Engine of the Nation. Based on your knowledge about the hurdles faced by these industries while making a dynamic contribution towards GDP, do you think the MSME sector today continues to possess the poiential to boost the economy and help to transform the dream projects of India, like Atmanirbhar Bharat Abhiyan into a reality? Support your answers with special reference to the volatile situation of the MSMEs vis- a-vis the revamping of the face of the industrial framework in the country.