NALSAR. University of Law, Hyderabad. .A., LL.B. (Hons.): I Year ~ II Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) LAW OF CONTRACTS - I Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._Don’t write any thing on the question paper. It will be treated as malpractice. (Ms. Surabhi Rajpal) PART A 1. Yog Marg is a society (registered under the Societies Registration Act, 1860) involved in organizing camps across the country for promoting yoga and strong moral and spiritual values. It was founded in 2007 by Gura Sevak Ram, a renowned yoga teacher and spiritual leader. Since 2009, Yor Marg has been organizing camps in different cities in India with the help of donations and charitable contributions. Yog Marg decided to organize a one month camp in Hyderabad city in June, 2016. For this purpose in November, 2015, Guru Sevak Ram approached Yogesh Reddy, awell- known business man and politician belonging to a regional political party, for funding the camp being organized at Hyderabad. Yogesh Reddy readily accepted to fund the entire cost of Rs 50 lakhs for organizing the camp, even though he was made aware of the policy of Yog Marg that it does not publicise the name of the donors and contributors. In January 2016, an amount of Rs 10 lakhs by way of cheque was received by Yog Marg from Yogesh Reddy. In March, 2016, Yog Marg obtained 100 acres of land on lease for 5 months at a rent of Rs 4 lakhs per month, Thereafter they got the land levelled for a cost of Rs 2 lakhs and entered into a contract for putting up temporary installations for the camp for an amount of Rs 20 lakhs. In April 2016, Guru Sevak Ram contacted Yogesh Reddy to apprise him of the preparations made so far and to ask him to provide the remaining Rs 40 lakhs, of the total amount promised by him. To his surprise, Yogesh Reddy expressed his inability to contribute the remaining amount promised by him, due to the losses he hed suffered in his business. ‘Yog Marg has approached the Court claiming that Yogesh Reddy is bound by the promise made by him, relying on the principle of promissory estoppel. i, Discuss the contentions from both the sides with reference to the essential conditions for applicability of the principle of promissory estoppel as laid down by the courts. (6 Marks) fi, Decide the case giving your reasons. (4 Marks)2. Karan Gupta is a 15 year old high school dropout. He was desirous of starting a business of dealing in computer accessories in Ambala city. In the year 2015, he borrowed an amount of Rs 5 lakhs at a monthly interest rate of 20% from Rakesh Mallik, a 45 year old local business man, by making a fraudulent misrepresentation to him, that he was aged 20 years, When Karan Gupta defaulted in paying interest for almost 6 months, Rakesh instituted a suit against him for recovery of the interest due to him. In the Court, Karan pleads that he is a minor and incompetent to contract. Decide the case and determine the relief available to Rakesh Mallik in such a case, if any, in the light of the relevant statutory provisions and case law. (8 Marks) 3. Mere silence does not amount to fraud or misrepresentation, Discuss the exceptions to this ‘general rule by referring to the relevant cases. (7 Marks) PART -B (Rajesh Kapoor) 1. Teach India (TI) is an organization devoted to the cause of promoting education in rural India. ‘They are looking for a building from where they can operate. They approach Mr. DhanpatRai a rich business man known for his generosity and commitment towards society. Mr. Rai’s friend Mr, Verma has a building which is very suitable for Teach India to operate. Mr. Rai agrees to help Teach India in getting this building. Mr. Rai approachesMr. Verma and exresses his willingness to buy the building. Mr. Verma asks for an amount of 50 lakhs for the building, Mr. Rai agrees to pay the said amount and tells Mr. Vema to transfer the building in the name of Teach India, They enter into an agreement which is signed by all the three parties. Due to some reasons Mr. Verma informs Mr. Rai that he has changed his mind, Teach India wants to enforee this agreement. Can they enforce this agreement? ‘What would be your answer if the said agreement is between Mr. Rai and his friend and Mr. Rai informs Teach India that Mr. Verma has agreed to transfer the land to themi.e. the agreement is not signed by Teach India, Decide the above mentioned both questions with the help of relevant provisions of law and cases. (10 Marks)2. Aslam own a stud farm and deals in horses of high breed. He agrees to buy a horse from Mr. Cyrus for 80 lakhs for breeding purposes. The horse was young and both the parties believed the horse to be fully capable of breeding. However after one month it was found that the horse was infertile, Both the parties were shocked to know this.Aslam accuses Cyrus of cheating him. Cyrus had not made any representation to Aslam about the fertility of the horse. He genuinely believed the horse to be fertile, Aslam accepts this plea and argues in that case it is a mistake on the part of both the parties rendering the agreement void. Thus entitling him to retum the horse and get back the price paid, Aslam approaches you for legal opinion. He wants to know his chances of winning the case in the court of law. Give him proper legal opinion referring to the relevant provisions of law and cases. (10 Marks) 3. What is a wagering agreement? Why an insurance agreement is not a wagering agreement? ( Marks) ieNALSAR University of Law, Hyderabad, B.A.LL.B., (Hons.): Ist Year II Semester END TERM EXAM (Academic Year: 2015-2016) Family Law -I Total Marks: 50 Time: 2"? Hour INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._Don’t write anything on the question paper. It will be treated as malpractice. All Questions are compulsory. Part A QL. The Hon'ble High Court of Gujarat observed that: “In all religion, be it Christian, be it Parsi, be it Jews, the religious identity of a woman unless specifically law is made by the Parliament or the legislature, as the case may be, as per the religions, shall merge into as that of the husband. Such rights would be the rights other than those as may be available to a woman given by the nature and the rights as otherwise specifically protected by express provisions of statute. It is hardly required to be stated that such principle is generally accepted throughout the world and therefore, until the marriage, after the name of the woman, the name of the father is being mentioned and after marriage, name of husband is being mentioned for the purpose of further describing her identity”. Is it mandatory for all wives to merge their identity with that of the husband, while the husband is free to maintain the identity of his choice? How does this judgement affect women irrespective of their religion who are married or will get married under the Special Marriage Act, 19542 Discuss. (10 marks) Q2. Yamini and Anil are married. Marriage was solemnized by Hindu rituals at Delhi in the year December 2013. Anil is an NRI living at Canada, After marriage he left Yamini in Delhi and had gone back to Canada on 28" January 2014 saying he will arrange for her visa and tickets so thatshe could join him in Canada shortly. Yemini has been waiting since then. Anil has not made any effort to send visa or tickets, nor has he come to Delhi after marriage. Therefore on 15" January 2015 she out of sheer exasperation wrote the following letter to rattle him out of his slumber, so that he would make efforts to be with her. She wrote: “Dearest Anil, Sat Siri Akal Tcould not write to you earlier since I was busy. T have something important to say to you about our marriage. I wish to divorce you. I am now certain about it, We can dissolve it through mutual consent. An affidavit made out by my lawyer will be posted to you shortly. Please do the requisite and send it back to me with proper stamps. I have already met an old friend, a man by the name of Zikta Singh who wants (o marry me soon enough, I hope you are not going to be hurt. Iwill keep Goolu. Yamini” Anil on 15" April 2016 has filed for divorce on the ground of cruelty under see 13 (1)(ia) Hindu Marriage Act, 1956, He has stayed in his petition that the letter written on 15" January 2015 by his wife, amounts to mental eruelty. Decide and discuss the latest position on mental cruelty as a ground for dissolution of marriage and its ambit with the help of decided case laws (10 marks) Q3.Write Short notes on - Is marriage a sacrament or a contract under Hindu and Muslim personal laws? (S marks) PARTB Ql. Aftab Ahmed, a wealthy business man, was married to Aamina on 16" February, 2008 according to Muslim Shariet Law. His marriage however ran into troubled waters, and as a result, Aamina left for her parent’s place, which was around 20" of December the same year. She was blessed with a son on 22 of March, 2009, but Aftab did not even visit to see his child when he was informed of this news. Aamina, having lived separately for more than two year,filed an application against her husband under section 125 of the Criminal Procedure Code, claiming maintenance for herself and her minor son, Aflab, on the other hand, claimed that he is not responsible for maintenance of his wife because he had already divorced her by pronouncing talag-ul-biddat (triple talaq) even before she left for her parents place. Although, there was no evidence of the alleged divorce either being pronounced in Aamina’s presence or communicated to her later at any point of time, the family court concluded that the husband’s liability to maintain his wife ceases with the expiration of the period of iddat. In arriving at this conclusion, the court was also pursued by the fact that Aftab had paid the amount of mehar (dower) due to his wife, immediately afier his marriage. The court, however, made a provision for maintenance for an amount of Rs. 500/- per month for the minor son. Against this decision of the family court, Aamina, seeks your legal opinion, if she is entitled to file an appeal before the High court, on the ground that, the alleged divorce by her husband was neither given in her presence, nor was it communicated to her. Triple talag in itself, she argues, is not sanctioned by the Holy Quran, besides such procedure to divorce a Muslim ‘women would violate her fundamental right equality under the constitution. And secondly, even if it is assumed, that the marriage is dissolved, she would still be entitled to claim maintenance for herself and her minor son under section 125 of the Criminal Procedure Code. Examining the issues involved, in the light of the recent judicial decisions of the Supreme Court under Muslim Law, advice Aamina about her chances of succeeding in the High court, Q2. The Hindu Adoption and Maintenance Act, 1956 prohibits a Hindu from adopting a child when he or she already has a child of the same gender. Can a Hindu desirous of adopting a second child of the same sex, adopt under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000? Under what circumstances can an embargo imposed on a Hindu on adopting a child of the same sex by clauses (i) and (ji) of the section 11 of the Hindu Adoption and Maintenance Act, 1956, be removed? Discuss, (10 marks) Q3. Write short note on -Talag-e-tafiveez or Khula marks) Sree eeeceeeendNALSAR University of Law, Hyderabad. B.A., LL.B. (Hons.): I Year - II Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) SOCIOLOGY ‘Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._Don’t write any thing on the question paper. It will be treated as malpractice. ANSWER THE FOLLOWING QUESTIONS: 5X10= 50 MARKS 1 What constitutes ‘Class Contradiction’ according to Marx? How did he explain the emergence of ‘Class Conflict’ from class contradictions? Discuss the limitations of applying class framework to understand the contractions in caste relations. Critically analyze the changing nature of marriage and family in the local and global context. How does the changing nature of marriage and family in the Indian context affect the Gendered roles of Men and Women? How do Marxist Feminists address the linkages between Capitalism and Patriarchy? How do you understand the binary of ‘Religious’ and ‘Secular”? How does Bellah uses the same binary to understand the concept of Civil Religion? How does the classification of ‘Religion as Faith’ and Religion as Politics’ of Ashis Nandy helps us to understand the same binary in the Indian context? How does the labelling theory of Lemert address an act of deviance? How do you explain the ‘labelling ‘of certain religious groups as terrorists with the help of Lemert’s theory? How does the categorization of crimes in Indian criminal law lead to the production of certain types of ‘labelling’? What constitutes ‘Rational Action’ according to Max Weber? How do you connect the Weberian concept of ‘Rationality’ to his conception of legitimacy of Modem law? How does the Habermasian concept of ‘Colonization of Lifeworld’ echoes the Weberian notion of rationalization?NALSAR University of Law, Hyderabad. B.A., LL.B, (Hons.): I Year — If Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) CRIMINAL LAW - I Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3, Don’t write any thing on the question paper. It will be treated as malpractice. PART-A ). As per the prosecution version Mr.Bantia Singh had made overtures to the sister of Krishna. ‘After four days of the event,Bantia attended a marriage where Krishna was also present. All of a sudden Krishna rushed out of his house armed with a lethi and gave two blows on the head of Bantia, Bantia turned his face towards Krishna due to which another blow landed on his head. Bantiafell on the ground and then Krishna gave another lathi blow on his neck. In all three blows were given by Krishna, Sunder Singh and Peatey Singh who were sitting along with Bantia Singh raised an alarm and Krishna ran away from the place of occurrence. Then first aid was administered to Bantia Singh. He was given some water and was revived after about 10 or 15 minutes, ‘These events happened on the night of 13-3-2014. On the next day Banta Singh developed uneasiness and was admitted in the hospital. The condition of Banta Singh deteriorated gradually and he became unconscious on account of compression of the brain, and he ultimately died on 2-4-2014. Dr.Bhagwant Singhstated that the injury No.1 which was inflicted upon the head was kept under observation. BantiaSingh devéloped symptoms of compression of brain and he becameunconscious on 28-3-2014 and the injury is sufficient to cause death though it is not an incurable injury. The Sessions court held that “The blows were inflicted by Bantia on the head of the deceased by a lathi and not with an iron rod. The medical evidence of course suggests that the injury was sufficient in the ordinary course of nature 10 cause death,but there is no other evidence which brings home the liability. Owing to the fact that he survived for three weeks after the incidentand having considered the doctor's admission that an injury of that kind is not incurable, we are of the opinion that the offence committed by him would fall under S, 304 Part rE Examine the comectnessof the judgment given by the sessions court with the help of relevant legal provisions and cases. (10 Marks) Decide the punishment for the offence committed by the accused in the given case with the help of judicial doctrines and precedents. (5 Marks) P.T.O.2. Pandian, a transgender wes working at a vegetable shop in Chennai, Her neighbours complained to police that she is having a live —in- relationship with another transgender. Consequently Pandian was arrested by the police and was remanded to judicial custody. Pandian did not take any food, cried and told her sister that she was tortured by the police and vas sexually assaulted everyday during the remand period. Examine whether Pandian and the police officials are liable for any offence? _—[10 Marks] PART-B 1, Sangeeta got married to Deepak on 09"February, 2000. Deepak and his father had demanded for a car and TV at the time of marriage. Even after solemnization of the marriage, they continued to harass Sangeeta for the same, They also used to demand money from the father of Sangeeta on one pretext or another. As per the prosecution's case on 28"March, 2004, Deepak’s father demanded for Rs. One lakh from Mr.HariKishan, the father of Sangeeta, which was refused. On this, Deepak’s father threatened Mr.HariKishan that he would not see his daughter alive. On 04" April, 2004, police received information that Sangeeta had committed suicide. Criminal Charges were framed against Deepak and his father. During the course of trial, prosecution argued that soon before the death of Sangeeta she was subjected to cruelty which led to her committing suicide and therefore it is a clear case of dowry death. The accused on the other hand argued that in order to bring ome liability under the offence of dowry death, a proximate and live link between the effect of cruelty based on dowry demand and the consequential death is required to be proved by the prosecution, Discuss the rival contentions and determine the liability, if any, of the accused persons. [10 Marks] 2, Aabha is the minor daughter of Bandana. Chamanlal takes Aabha forcibly and keeps her in his house for two months. There she developed intimacy with Xavier a neighbour of Chamanlal and runs away with Xavier to Agra, where both of them were arrested on the complaint of Bandana. With the help of legal provisions and case laws decide the liability, if any of Chamanlal and Xavier? [S Marks} Lord Goddard C.J. observed “The general rule applicable to criminal cases is actus non facitreum nisi mens sit rea. It is of utmost importance for the protection of the liberty of the subject that a court should always bear in mind, that unless a statute, either clearly or by necessary implication, rules out mensrea as a constituent part of a crime, the court should not find a man guilty of an offence against the criminal law unless he has guilty mind,” Elaborate this statement with the help of decided case law. [10 Marks] een eeNALSAR University of Law, Hyderabad. B.A., LL.B. (Hons.):I Year — II Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) FUNDAMENTALS OF ECONOMICS FOR LAWYERS Total Marks: 50 Time: 2 Hours 30 Minutes Instruction: Answer to the point. Unnecessarily verbose answers would be penalized. You are encouraged to make use of diagrams when needed in your opinion. 1. The government has decided that the free-market price of bread is too low. Suppose the government imposes a binding price floor in the bread market, Draw a supply-and-demand diagram to show the effect of this policy on the price of bread and the quantity of bread sold. Is there a shortage or surplus of bread? Bakers complain that the price floor has reduced their total revenue. Is this possible? Explain.In response to bakers’ complaints, the government agrees to purchase all the surplus bread at the price floor. Would this policy make the bakers happy? Explain, (16 Marks) 2. Two athletes of equal ability are competing for a prize of $100,000. Bach is deciding whether to take a dangerous performance-enhancing drug. If one athlete takes the drug, and the other does not, the one who takes the drug wins the prize. If bth or neither take the drug, they tie and split the prize. Taking the drug imposes health risks that are equivalent to a loss of X dollars. Represent the game by the normal method of representation. For what value of X is taking the drug the Nash equilibrium? Wouldmaking the drug safer (that is, lowering X) change the Nash Equilibrium? Explain. (14 Marks) 3. Illustrate and explain the theory of loanable funds in detail. (12 Marks) 4. Draw the demand, marginal-revenue, averagetotal-cost, and marginal-cost curves for a monopolist. Show the profit-maximizing level of output, the profit-maximizing price, and the amount of profit. (8 Marks) eeNALSAR University of Law, Hyderabad. B.A., LL.B. (Hons.): I Year - II Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) HISTORY ‘Total Marks: 50 ‘Time: 2 Hours 30 Minutes INSTRUCTIONS: 4. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._Don't write any thing on the question paper. It will be treated as malpractice, 1. Civil Institutions introduced by the British referred more to an overall political control than they ever pointed to any real improvement at the social level, However, the colonial government could claim to have created a civil society in India. The Constitutional promise of “Local self-Governance” became one more factor of colonial control, now, dangerously, at all the “local” levels. The “Local” was often defined by the Government and can be called, to that extent, as an imperial construct. Upliftment of the marginalized groups, which was a persistent claim made by the government, contributed more to a political crisis than to any improvement in their social status. In the wake of this, social awareness was emerging not because the government was intelligent but for the reason that various context-bound discourses were becoming mutually intelligible. Discuss the intimations of the new dimensions of politics embedded in the situation as substantiated in the passage above (Gic)Discuss the issue for whatever happened in the intervening periods between the Government of India Acts of 1909, 1919 and 1935, 2. The managerial turn in Imperialism as a system of control gave rise to the arguments of welfare schemes that can be unified under the head of “Infrastructure”, The presence of the state as a benevolent agent in the context of infrastructure runs counter to the inevitable “violence” of sorts in making new forms of life, i.e. infrastructure, viable. Hidden here arc the needs of making the argument of administrative efficiency the ultimate one. A evelopment through the bureaucratic control of the forms of development transformed technologies of change into technologies of control. Verify the statement, by way of referring to the empirical instances of infrastructure, as a general critique of the commonplace defense of colonial rule as the equivalent of the project of modernization, 3. British colonialism defined the Indian people according to the categories of reference that it imposed through various political administrative and judicial schemes which it had designed and implemented. Colonial courts of law standardized sporadic references into stable identities. Authoritarian approaches were modified in the attempts to define a tradition, reforming a society and influencing a Government, Tradition was defined in an overarching and experimental manner. All these issues suggested the possibility, and, sometimes, even guaranteed a public debate around them. P.T.O.5. Tn the wake of all these developments, implications of cosmopolitanism obtained different media of expression. How do you estimate the contours of these developments? Do you suggest the nomenclature ‘Public Sphere” for them? How do you characterize the colonial court of law in this context? People as passive subjects of various packages of administration began to discuss the “Policy issues” when the colonial government partitioned Bengal in 1905. Public discussion took the form of protests that were inspired, organized and canvassed in a public sphere. Ideological questions unified in this context gave rise to a political nationalism, which was not narrow in its outlook at Teast to begin with. A message, programme and leadership, i.e. all the three necessary dimensions of any movement were sufficiently popular and effectively public. Society was suddenly understood as civil society in the context of this movement which was characterized by the public fervor and it facilitated the forms of protest. Was the process so seamless? What were the conscious and unconscious contributions that the Swadeshi movement made towards the form and content of various anti-colonial agitations that took place later? Identify the intrinsic phases of the agitation which inspired various dimensions of political nationalism with reference to the leader-cadre-message nexus. (Popular) passions, (Political) positions, and (state) polices tended to overlap by the time various events lead to the partition of India in 1947. As a matter of fact, partition was gleaned as a solution more in the conflagrations related to various events that led to partition than kkept as a goal at any functional beginning of an event related to partition. There were competing positions trying to control a contingency but they were never interested in offering a single spectrum of reference, Leadership meant only negotiations with imperial lords and collaborations with the ambitious peers. Ineffectual committees with formulae of impossible action became regular feathets. Often, the plans and formulae discussed the issues in & ‘problem- solution’ framework and did not try for correct politics that would not only {intervene when an issue was there but also create an opinion that could help people verify an ‘oceasional populist appeal or conscious political programme. Partition became the only point of reférence and eventually gave the impression that it was offering an inevitable course of action. How do you complement the above observations? Do you suggest any other approach or level of experience to read partition as much more than a political event, psycho-political or psycho-social, so to speak? aneNALSAR University of Law, Hyderabad. B.A., LL.B. (Hlons.): I Year ~II Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) CRIMINAL LAW - I Total Marks: 50 ‘Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._Don’t write any thing on the question paper. It will be treated as malpractice. PART-A 1). As per the prosecution version Mr.Bantia Singh had made overtures to the sister of Krishna. After four days of the event,Bantia attended a marriage where Krishna was also present. All of a sudden Krishna rushed out of his house armed with a lathi and gave two blows on the head of Bantia. Bantia tumed his face towards Krishna due to which another blow landed on his head. Bantiafell on the ground and then Krishna gave another lathi blow on his neck. In all three blows were given by Krishna, Sunder Singh and Pearey Singh who were sitting along with Bantia Singh raised an alarm and Krishna ran away from the place of occurrence. Then first aid was administered to Bantia Singh. He was given some water and was revived after about 10 or 15 minutes. These events happened on the night of 13-3-2014. On the next day Banta Singh developed uneasiness and was admitted in the hospital. The condition of Banta Singh deteriorated gradually and he became unconscious on account of compression of the brain, and he ultimately died on 2-4- 2014. Dr.Bhagwant Singhstated that the injury No.1 which was inflicted upon the head was kept under observation, BantiaSingh developed symptoms of compression of brain and he becameunconscious on 28-3-2014 and the injury is sufficient to cause death though it is not an incurable injury. The Sessions court held that “The blows were inflicted by Bantia on the head of the deceased by a lathi and not with an iron rod. The medical evidence of course suggests that the injury was sufficient in the ordinary course of nature to cause death,but there is no other evidence which brings home the liability, Owing to the fact that he survived for three weeks after the incidentand having considered the doctor’s admission that an injury of that kind is not incurable, we are of the opinion that the offence committed by him would fall under 8. 304 Part i? Examine the correctnessof the judgment given by the sessions court with the help of relevant legal provisions and cases. (10 Marks) Decide the punishment for the offence committed by the accused in the given case with the help of judicial doctrines and precedents. (§ Marks) PTO.2. Pandian, a transgender was working at a vegetable shop in Chennai. Her neighbours complained to police that she is having a live —in- relationship with another transgender. Consequently Pandian was arrested by the police and was remanded to judicial custody. Pandian did not take any food, cried and told her sister that she was tortured by the police and was sexually assaulted everyday during the remand period. Examine whether Pandian and the police officials are liable for any offence? [10 Marks] PART-B 1, Sangeeta got married to Deepak on 09""February, 2000. Deepak and his father had demanded for a car and TV at the time of mariage. Even after solemnization of the marriage, they continued to harass Sangeeta for the same, They also used to demand money from the father ‘of Sangeeta on one pretext or another. As per the prosecution's case on 28"March, 2004, Deepak’s father demanded for Rs. One lakh from Mr.HariKishan, the father of Sangeeta, which was refused, On this, Deepak’s father threatened Mr.HariKishan that he would not see his daughter alive. On 04April, 2004, police received information that Sangeeta had committed suicide. Criminal Charges were framed against Deepak and his father. During the course of trial, prosecution argued that soon before the death of Sangeeta she was subjected to cruelty which Jed to her committing suicide and therefore it is a clear case of dowry death. ‘The accused on the other hand argued that in order to bring home liability under the offence of dowry death, a proximate and live link between the effect of cruelty based on dowry demand and the consequential death is required to be proved by the prosecution. Discuss the rival contentions and determine the liability, if any, of the accused persons. [10 Marks] 2. Aabha is the minor daughter of Bandana, Chamanlal takes Aabha forcibly and keeps her in his house for two months. There she developed intimacy with Xavier a neighbour of Chamanlal and runs away with Xavier to Agra, where both of them were arrested on the complaint of Bandana. With the help of legal provisions and case laws decide the liability, ifany of Chamanlal and Xavier? [5 Marks} 3. Lord Goddard C.J. observed “The general rule applicable to criminal cases is actus non facitreum nisi mens sit rea, It is of utmost importance for the protection of the liberty of the subject that a court should always bear in mind, that unless a statute, either clearly or by necessary implication, rules out mensrea as a constituent part of a crime, the court should not find a man guilty of an offence against the criminal law unless he has guilty mind,” Elaborate this statement with the help of decided case law. [10 Marks}NALSAR University of Law, Hyderabad B.A., LL.B. (Hons.): I Year ~II Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) POLITICAL SCIENCE Total Marks: 50 ‘Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3. Don’t write any thing on the question paper. It will be treated as malpractice. Democratic Citizenship: Universal or Conditional? ‘There wasa European country which became a nation state in the very early eighteenth century and within few decades it became a colonial power. It colonized an Asian country Ancienta. The colonial government of Ancienta, divided the country into ten provinces but they were never vested with any powers. The government was highly centralized and unitary in nature, Due to political reasons the colonial government brought in a representative institution named as ‘union council’ but the voter base was confined to a few wealthy male with taxpaying capacity. Ancienta is marked by a hierarchical social structure where the Dalits and the Adivasisare at the bottom, the Backword classes in the middle and the Upper Classes on the top. Colonial rule did not disturb this graded socio economic structure in any significant manner. After the long struggles of the people of Ancienta, which contained struggles for social economic equality and also emancipation from oppressive colonial rule - the ensemble of which is known as ‘national struggle for freedom’ led to its independence in the 1940°s.People of Ancienta gave themselves a democratic constitution by 1950 and named the state as Federal Democratic Republic of Ancienta (F.D-R.A). It now has a Union Government and also thirty five provincial governments. This Constitution provides a clear division of powers betweenthe Union and the Provinces. Union Government will not intervene in to the subjects entrusted to provinces, except in case of extraordinary national emergencies.‘The Constitution also guarantees a set fundamental rights based on the principles of liberty and equality to all of its citizens. Universal adult franchise is provided in the Constitution to elect representatives to the legislatures at the union, provincial and local levels. In accordance with the provision,every citizen aged eighteen years and above is provided with voting rights without any additional qualifications, Ancienta’s constitution opted for a parliamentary form of government. The Constitution provided directives to State to design public policy. One among those directives is to provide universal basic education to all within the first two decades of the republic. But this goal is yet to be achieved by the successive governments of Ancienta. Deserta and Greenia, the two provinces of Ancienta , recently came up with amendments to their respective Local Government InstitutionActs. These amendments brought in educational qualifications for those intending to contest in elections for Local bodies. These amendmentsprescribe clearing the tenth standard as a minimum qualificationto contest for any position in Local Governemntinstitutions.Theamendment was challenged in the Provincial High Courts and also in the Supreme Court of Ancienta, Both the courts upheld the améndments. Conspicuously, many influential legislators are silent on this development, and no major political party is raising any voice against this issue. The Union government is saying that thoseamendmentare a matter within the purview of the provincial list of subjects and hence it cannot technically act up on those amendments. With the effect of these amendments and the subsequent judgments, nearly 50% of all aspiring contestants for local bodies are now disqualifiedfrom contesting. Disaggregated data is showing gorier picture, 70% and 75%Dalit and Adivasi men, 80% and 85% of Dalit and Adivasi women, 70% and 60% of Backward Classes women and men respectively lost their chance to contest in local body elections. There are now apprehensions that many more provinces may be emboldened to amend their respective provincial acts. Democratic Citizens Collective (DCC), an umbrella orgenization of various civil society actors is protesting and galvanizing a national movement against these amendments which are openly limiting the freedom to contest elections.tt seems the hard won | freedom of the people ofAncienta is now for a serious test. They are also exploring the chance of filing a petition in the Supreme Court to review its decision. Keep the classroom discussions and the above passage in view and answer the questions below (4x5=20 Marks)‘a. Explain the basis of legitimacy of the colonial power over Ancienta and the Ancientans challenge that power? b. What is the significance of the term Federal Democratic Republic of Ancienta in contrast to its previous regime? ¢. Comment on the amendments made by the Provinces of Greenia and Deserta from the perspective of citizenship in a constitutional democracy. d, What is the meaning of civil society?What are the apprehensions of the civil society actors with respect to the amendments and howdo you appraise the effort for preserving democracy in Ancieta? SECTOIN-B (1x10=10 Marks) Write an essay to distinguish between the conception of freedom in a ‘ positive’ and ‘negative’binary andto that of freedom as a triadic relationship. SECTOIN -C (2x3=10 Marks) 1, Explain the relationship between ‘public policy’ and ‘political ideology’ with suitable illustrations? 2. Define what a political party and explain its salient functions in a political system,SECTION -D Answer the following statements in ‘Yes’ or ‘No? (10x1 =10 Marks) 1, The concept of formal equality of opportunity does not take into consideration how circumstances beyond the control of an individual influence the ability to compete for scarce resourees. 2. Marxism, democracy, anarchism, and feminism do not believe the position that human beings are capable of a high degree of community spirit and benign feeling towards other humans. 3, National socialists are those democrats whoargue, government must notbe obeyed because it is the government and because the system of leadership demands obedience. In essence they say that people must not obey the law just because they have a role to obey such law. 4, Rawls incorporates both formal and substantive forms of ‘equality of opportunity’ into his theory of a just society especially through his second principle of justice 5. Many people say that government is necessary because some men cannot be trusted to look after themselves, but anarchists say that government is harmful because no man can be trusted to look after anyone else. 6. Moral rights provide no argument ageinst the duty to obey the Jaw. Thus the moral rights, such as the freedoms of speech and religion, will not place moral limits on legislation. ‘The conventional lefi/ right ideological division reduces politics to a single dimension ~ the market-state divide - and ignores other political distinctions such as the libertarian— authoritarian divide and the autocratic~democratic divide.8. Interest groups are politically motivated large associations whose members share common. views related to social transformation and have the sole purpose to capture political power and control government institutions and policymaking process 9. All political desires , demands made by various sections of, society, through the socio political instruments like political parties, pressure groups, civil societal organizations automatically transform in to public policies 10. Different conceptions of freedom often depend on different conceptions of what counts as a constraint, and variously restrict which constraints should count.NALSAR University of Law, Hyderabad, B.A., LL.B. (Hons.):I Year — IV Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) PROPERTY LAW Total Marks: 50 ‘Time:-2-Hours.30-Minutes. - INSTRUCTIONS: 1 2. 3. 1 4. Read the questions carefully and answer. No clarification shall be sought on the question paper. Don’t write any thing on the question paper. It will be treated as malpractice, A, the mother of @ minor son B; transferred property in favour of C on her behalf and on behalf of B. The son B after getting majority challenged the said transfer and court held that the transfer up to the extent of share of B is void. Thereafter before B could take the possession he dies in a road accident and A being legal heir of B inherited the same property. Now C sues A for transfer of same property to him. Decide whether C would succeed? Explain the concept of law involved in the problem with the help of relevant provisions of the Transfer of Property Act and decided cases. (7 Marks) Kesav created a trust and settlement over some immovable properties and appointed himself as one of the trustees. The other trustees were his brother, his brother-in-law and a concubine of his father. ‘The object of trust was that a ‘statue’ of his father be erected and a scheme be drawn for the perpetual maintenance of the statue. The trustees were authorised to collect sufficient funds for creating the statute on the birth anniversary of his father. Provisions were also made in the trust deed for the payment of school fees for four students of the community. After meeting the said expenses, the net income from the properties was to be divided among the four trustees equally. The coneubine was to be provided the maintenance during her life time and afterwards the amount was to be given to the brother in law of the settler. Thereafter, respective shares were to be enjoyed by their respective male heirs and in the absence of male heirs; the income to be divided equally among the female heirs. Is creation of trust hit by the Rule against Perpetuity? Is any of the clauses of the trust deed be protected by any of the provisions of the Transfer of the Property Act? (7 Marks) ‘A’ transfers to ‘B’ an estate to which ‘C’ is entitled, and as apart of the same transaction gives ‘C’ a Mica mine. ‘C’ takesthe Mica mine and exhausts it. Has ‘C’ confirmed the transfer. Explain the concept of law involved in the problem in detail by referring to the relevant provisions of law and the decided cases (6 Marks) A- one of the creditors obtained a money decree against B- debtor. In order to defeat the decree — holder B transferred his property shortly thereafter to his wife in satisfaction of debt then due to her. Can the decree-holder impeach the transfer? Discuss in the light of relevant provisions and decided cases. (6 Marks) P.T.O,5. A, a sole coparcener of Hindu Joint Family transferred a part of the Joint Family Property by executing a gift deed on 9-9-2009 in favour of Band delivered the deed to B and B accepted the gift on the same day. On 10-9-2009, that is on the next day itself, A adopted C and a few days later the gift deed was registered. C, the adopted son of A, contends that the gift deed was in-operative as had not been registered until after his adoption. Discuss the validity of the contention with reference to the relevant provisions of law and decided cases. (7 Marks) 6. A sold a house to B.C challenged the power of selling the house by A and filed a suit in the court for the declaration of title with respect to this house, While the suit is pending in the court, B sold the house to D. Is D’s title to the land affected by the rule of lis-pendency so as to be subjected to C’s, decree? Decide, (7 Marks) 7. A creates Anomalous Mortgage of property in favour of B for a period of 99 years with the condition that the entire amount along with interest would be payable at the time of redemption and property cant be redeemed within 9 months after the completion of the term. Decide whether these conditions of the mortgage are valid under property law by referring to the relevant provisions of law and decided cases. Ilustratively define Anomalous Mortgage and distinguish between Mortgage by conditional sale and sale, (10 Marks) sesannneeNALSAR University of Law, Hyderabad. B.A., LL.B. (Hons.):II Year — IV Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) LAW AND ECONOMICS Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1, Read the questions carefully end answer. 2. No clarification shall be sought on the question paper. 3. Don’t write any thing on the question paper. It wili be treated as malpractice. Instruction: Answer to the point, Unnecessarily verbose answers would be penalized. You are encouraged to make use of diagrams when needed in your opinion. 1. A businessman (the principel) is considering investing a sum of $40,000. Since he does not have the required expertise he decides to hand over the funds to a professional investor (the agent). The agent promises the principal to cooperate and invest and the sum is to grow by 50% per time period, Let there be a rational split of the product from cooperation (where the agent gets 20%). The agent may choose to cooperate and invest the sum on behalf of the principal or appropriate the same. If you were the agent, what (cooperation or appropriation) would be your dominant strategy? What would be the role of perfect expectation damages in your decision (cooperation or appropriation)? How would the dynamics of the agency game and hence your response change if the agency game were to become a repeated game? (16 Marks) 2, Bear tort cases (unintentional harm (only material in nature)) in mind. People often take varying levels of precautions; which sometimes may lead to accidents. If you are a policy maker, then in your opinion, should the legal standard of precaution coincide with the efficient level of precaution? Is there any relationship between the efficient level of precaution and the Hand Rule? Explain in detail, (14 Marks) 3. When would a settlement replicate trial? When settlement replicates trial, settlement is usually the outcome. When the parties to a dispute have exactly the same expectations from trial, what can be expected to be the final outcome? Explain. Assume that litigation will cost the plaintiff $1500 and the defendant $1500. Also assume that settling out of court would cost $200 for each party. What would be the largest value of relative optimism at which the parties can still settle out of court? What would be the value of the cooperative surplus for which there would be a trial? (12 Marks) 4, Rational criminals are highly calculative in deciding whether to indulge in a criminal activity. Ilustrate and explain a situation when the criminal works out the calculations required for a criminal activity, which also corresponds to an optimal level of seriousness of the criminal act, but decides not to perform the act. How would you justify his decision? From a policy maker’s perspective what would be an optimal expected punishment for criminal activity (in general)? Explain, (8 Marks) siaNALSAR University of Law, Hyderabad. LL.B. (Hons.):11 Year — IV Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) CRIMINAL LAW - IL Total Marks: 50 ‘Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3. Don’t write any thing on the question paper. It will be treated as malpractice, 1 (@) Sudha Menon filed a criminal case under Sec. 307 of IPC and a dowry harassment case against her husband KK Menon. The prosecution opened the case before the criminal court. During the trial, KK Menon filed a compromise petition and the said petition was also signed by the complainant, Sudha’s brother filed a petition in the High Court for quashing of the compromise proceedings and-atgued that the parties to the case and the lower court have no power to comprontise the criminal case and it is not permitted under the Criminal Procedure Code/ Discuss the validity of the contention of the petitioner before the High Court. Whether the High Court can interfere in the above case? Explain with case law. (S Marks) (b) PK Rao was recommended to a top executive post in the Goverment. VK Singh challenged the appointment of PX Rao, on the ground that PK Rao was involved in a criminal case in which an FIR was registered and a final report had been filed against PK Rao. The counsel for the government informed that they had decided to withdraw from the prosecution, Explain whether the prosecutor can withdraw the criminal case against PK Rao? G Marks) 2. Sushma Roy and Suresh, colleagues in a software company, entered in to a romantic relationship with each other and married as per the ceremonies of the Hindu religion. After one year from their marriage, they were blessed with a child and Sushma Roy resigned from the job to look after the child. Before the first birthday of the child, Suresh deserted the family and married a Muslim woman namely Ashta and converted to Islam and changed his name to Abbas. A few months after the said marriage, Abbas had given Talag to Ashta and married another Muslim woman, Sushma Roy and her child, who were forced to live separately from her husband, faced a lot of financial hardships. She filed a maintenance petition against her husband, In response to Sushma’s case, Suresh Alias Abbas contended that being a Muslim he has no obligation to maintain Sushma Roy. PTO.«Discuss how far the respondent's argument in Sushma Roy's case is maintainable before the court of law? If Ashta filed maintenance claim under Cr. P.C against her divorced Muslim husband, whether she will be entitled to maintenance beyond the Iddat period? Explain the law relating to enforcement of order of maintenance? (10 Marks) 3. X,Y and Z were booked under different criminal laws. X was accused of causing in grievous hurt by dangerous weapons. The victim was hospitalized and a conditional bail was granted to X. A few days after the bail, the victim died in the hospital. The prosecution filed a petition for alteration of charges from ‘grievous hurt” to ‘murder’ and the prosecution also filed a separate plea for the cancellation of bail granted to X. Y¥ and Z were also accused and they are absconding and have been declared as proclaimed offenders, who were facing prosecution for the offences punishable under sections 302 and 120-B read with Sec. 34 of IPC. In this background whether granting anticipatory bail could be sustained in the cases of Y and Z? Whether Prosecutions version for cancellation of X bail can be considered? Discuss the settled position of law in this regard”? (10 Marks) 4. Deepa and Surya’s marriage was solemnized according to Hindu ceremonies in the yeer 2010, The couple was blessed with a girl child in the year 2011. Later Deepa complained to her friends about ier abuse’and ill -treatment by Surya and his Parents. On the advice of her well-wishers, Deepe files a petition before the police under Sec.498-A of IPC against Surya and his parents in 2012. Deepa’s case was investigated by the police and after completion of investigation; a charge sheet was submitted to the competent Magistrate, The case was taken on file by the Magistrate. After three years from the cognizance of the case, Deepa received process in the year 2015 and came to know that only Surya was summoned and the court had not issued process against her parents- in- law. Deepa filed another petition at the women’s police station, The said fresh petition by Deepa against Suray’s parents was investigated and another final report was filed. The Magistrate refused to take ‘cognizance of the second charge sheet on the ground that Deepa had filed another petition after three years. Explain the appropriateness of the Magistrate's decision in the light of case law? (10 Marks) 5. A was arrested by police in relation to a murder. After recording the statements of accused and witnesses, police produced A before the court and filed report U/ Sec .173 of Criminal Procedure Code. B was arrested by the police in an alleged case of theft and produced before the court. B was sent to jail under judicial remand. After concluding the police investigation, they filed a charge- sheet in B's case. Explain the provisions of law relating to trial of A and B under Cr. P.C and how A and B’s trials, are different from the summary trial? (10 Marks) eeeeNALSAR University of Law, Hyderabad. B.A, LL.B. (Hons.):IL Year — IV Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) LAW AND POVERTY Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1, Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._ Don’t write any thing on the question paper. It will be treated as malpractice. 1) Egypt’s human rights crisis, the most serious in the country’s modem history, continued unabated throughout 2014. The government consolidated control through constriction of basic freedoms and a stifling campaign of arrests targeting political opponents. Former Defense Minister Abdel Fattah al-Sisi, who took office in June, has overseen a reversal of the human rights gains that followed the 2011 uprising. Security forces and an increasingly politicized judiciary—apparently unnerved by rising armed group attacks—invoked national security to muzzle nearly all dissent, Judges routinely ordered detainees held for months based on little, if any, evidence, Thousands arrested after mass protests in 2013 remained in pretrial detention. Pervasive impunity characterized the government's response to security force abuses. Only four officers have faced charges for human rights violations since July 3, 2013, when the military overthrew President Mohamed Morsy. All the charges stemmed from one incident in August 2013 in which police tear gassed a packed prison van, killing 37 detainees. There has been no accountability for the deaths of more than 1,000 protesters in a series of mostly peaceful demonstrations in July and August 2013. Protester Killings and Impunity Outgoing interim president, Adly Mansour, who handed over power to al-Sisi on June 8, established a presidential fact-finding committee in December 2013 “to gather information and evidence for the violent events” that accompanied the June 30 mass protests and July 3 coup that brought down Morsy, Egypt's first freely elected president, An excoutive summary of the commission’s report, released on November 26, did not recommend that charges be brought against any member of the security forces or government for the mess killing, Its mandate did not authorize it to subpoena witnesses or documents, establish individual criminal liability, or make its findings public.Mass Arrests Judges routinely renewed detention orders of many of those arrested for months without charge ot trial and convicted many others in mass trials without establishing individual guilt for criminal offenses, As of July 2014, according to Interior Ministry data provided to the presidential fact- finding committee, more than 7,000 people arrested in the fallout from Morsy's removal remained in pretrial detention. Due Process Violations and Mass Death Sentences Egypt's judiciary exhibited serious procedural deficiencies that deprived detainees of basic due process rights. Though authorities in November 2013 lifted the state of emergency imposed at the time of Morsy’s removal, judges often renewed pretrial detention orders despite a lack of evidence that would warrant prosecution. Many trials violated Egyptian law as well as international standards. In March and April, acriminal court judge in the govemorate of Minya handed down the death penalty to more than 1,200 people allegedly involved in two attacks on police that resulted in the death of one officer. The judge did not allow the defendants the right to mount a meaningful defense or ensure that all had access to counsel. Torture and Ill-Treatment ‘A spokesman for the authority told the newspaper that prison overcrowding had forced authorities to hold detainees in police stations and other places of temporary detention which were not well ventilated or otherwise properly equipped. Witnesses told Human Rights Watch that police and prison authorities often failed to provide proper medical care to prisoners, leading to death, In some cases of deaths in detention, lawyers and relatives alleged that authorities had tortured the victim. Detainees also described severe beatings during arrest, arrival at police stations, and transfer between prisons. Scores detained in January protests complained of torture, including electric shocks, to coerce confessions. The Egyptian Initiative for Personal Rights documented the enforced disappearance and torture of dozens of civilians in military detention. Freedom of Association, Expression, and Assembly Egypt's new constitution contains language thet appears to protect free expression, peaceful assembly, and association, but authorities detained thousands solely for their peaceful exercise of these rights.Free Expression Authorities detained dozens of people for such offences as possessing flyers with anti-military slogans, rapping in public against the police, or displaying signs commemorating victims of the Rab’a dispersal. Joumalists, academics, former lawmakers and human rights defenders were among those charged with crimes or banned from travel outside Egypt. Police arrested three Al Jazeera English journalists, Mohamed Fahmy, Peter Greste, and Baher Mohamed, in late December 2013, and a court handed down multi-year prison sentences in June 2014 after a trial in which prosecutors failed to present any credible evidence of criminal wrongdoing. Free Assembly A November 2013 law on public assembly allowed the Interior Ministry to ban and forcefully disperse protests and arrest participants on vague grounds such as “impedfing] citizens’ interests.” Free Association Authorities froze the assets of more than 1,000 associations allegedly tied to the Brotherhood, such as the Islamic Medical Association, which served residents of poor neighborhoods, in addition to dozens of Brotherhood-affiliated schools. & Freedom of Religion and Sectarian Violence Egypt's 2014 constitution guarantees freedom of religion and the rights of minorities, but authorities continued to prosecute writers and activists on charges of “contempt of religion” and “blasphemy; including religious minorities and proclaimed atheists. In June, an appeals court in the govemnorate of BeniSuef upheld a five-year sentence in absentia for author Karam Saber, a Muslim convicted for contempt of religion in 2013 for his short story collection Where Is God? Attacks on churches and properties of Christians continued in 2014, and in many cases authorities failed to intervene. Violence and Discrimination against Women Sexual harassment and assault of women and girls in public spaces continued in spite of recent government efforts to combat the practice, including arresting and prosecuting some men for such crimes, which have long been committed with irapunity. No law criminalizes domestic violence Egypt. Other forms of violence against women, including child marriage and female genital mutilation (FGM), continued in some areas, despite laws prohibiting them. inheritance. LGBT RightsAuthorities arrested more than 95 lesbian, gay, bisexual, and transgender (LGBT) people between July 2013 and December 2014. On December 7, police raided a Cairo bathhouse and arrested at least 25 men whom they accused of “practicing debauchery.” Activists said police used fake online dating profiles to target gay men and others, including sex workers. (Excerpts from Human Rights Watch- World Report 2015:Egypt) i) Critically analyze the report based on Baxi’s readings and classroom discussions. (10 Marks) ii) Critically analyze the report based on Henry Shue’s reading and classroom discussions. (10 Marks) 2)*Females of our country have faced the discrimination for ages now and still continue to exist in various forms. Any denial of equality, gender and opportunity on the basis of gender is gender discrimination. Nature doesn’t discriminate men from women, But women worldwide bave been the victim of inequality not only in terms of social and political rights but also on grounds of employment ‘opportunities.The male dominant society of India makes its women habitual of this discrimination, As a result, most women fail to understand their own rights and freedom. ‘There are many spheres of life where women are denied opportunities. Discrimination against females starts with their birth and continues through their lives. An unborn girl child is aborted with the help of sex determination techniques. A girl child who is born is seen as a burden on her parents or family and not given equal treatment as boys of the same family ever since birth, She is not given proper nutritious food in some eases. As she grows, she is either denied of right ‘to education and in some cases itis limited to elementary level. Her health and well being is not given due attention and concern, She is married at an early age and this puts an end to any possibilities of growth and a good life in most cases. The discrimination doesn’t end here but continues with the expectations of giving birth to a boy. The vicious cycle of female discrimination starts here. Almost all women face some incidents of eve teasing, some are unfortunate to be assaulted sexually and raped. Marriage of 2 woman becomes more perplexed if she faces dowry threats, which sometimes ‘cause deaths also. With such a deprived living, how can we expect the standard of living of ‘women to rise and their presence be felt at international level? Women, both illiterate and partially literate have limited access to health care and job opportunities and remain confined to the bounds of their household chores, raising children and looking after families. A good education or qualification does not bring women at par with the men, They are still deprived of many work opportunities as men are believed to be more capable than their female counterparts with similar qualifications.The notion that women do not have caliber and intelligence to take up managerial positions or high profile jobs is another proof of the discrimination against women in our society. ‘According to 2011 census, the female literacy rate was 65.46% compared to 82.14% for males. The underlying thought that educating women is of no value as they will only serve their husbands and family in future makes the parents unwilling to spend on gi!’s education. ‘Women are not able fo enjoy equal status in society as men and have very little say or authority. The grant of equal rights by the Constitution does not bring any significant change in their position and respect in the society. Law and property rights are also enforced inefficiently and inheritance is usually the sole right of sons and not the daughters. Even though laws are now enforced for the rights of women on parental property, not many people are aware of it and the social structure is such that daughters do not usually insist on their property rights. Society favors men and gives them higher authority and this makes women vulnerable to crimes like rapes, eve teasing, sexual abuse etc, Though the number of women officers is growing, yet the number is not comparable with men holding higher ranks. The discrimination against women is not only hampering the growth of women at social, economic and personal level but also significantly lower female-to-male ratios impact the growth in both agriculture and industrial sectors. Thus, gender discrimination also impedes the country's growth.” Essay on “Gender Discrimination” in India by PragatiGhosh) i) Discuss the importance of ‘Universal Basic Income’ as a tool to combat gender disctimination. * (10 Marks) ii) CritiGally analyze the report based on AmartyaSen’s reading and classroom discussions. (10 Marks) 3)The Divine Right of Kings can be dated back to the medieval period, where it highlighted the superiority and legitimacy of a monarch. At its core, the concept of the Divine Right has religious and political origins, therefore furthering its legitimacy. As a whole, this concept states that only God can judge a monarch, because only he has the authority. It believes that a form of monarchical government is the most appropriate, and allegiance should only be sworn to the legitimate heir to the crown. The Divine Right of Kings also explained the idea of social rank. Althoughrit is now considered to be absurd, this divine theory instituted a political hierarchy that prospered during its time period. Some reformers in the sixteenth century considered that some resistance was good, and initiated much needed change.i) In the medieval period this theory found its roots, mainly because people felt that God had bestowed great power unto Kings, and it was their duty to serve God’s anointed monarch on earth — a concept that continued through to the early modem period. This idea started to become popular during the reign of King Henry VIII, most notably because he needed to assert his legitimacy when separating from the Roman Catholic Church. Separating England from Rome was @ long process, with the most important events occurring during the 1530s. During this time, Henry VIII fought hard to disconnect England from the Papacy, and succeeded with the Act of the Submission of the Clergy. (httpy/royalcentral.co.uk :The absolute right to rule’ - The Divine Right of Kings) ‘What would be the Rousseau’ response to the passage? (10 Marks)NALSAR University of Law, Hyderabad, BA. LL.B. (Hons.): (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (April, 2016) ENGLISH-II (LAW AND LITERATURE) Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3. Don’t write anything on the question paper. It will be treated as malpractice. 4. Students can carry the assigned readings and class notes. 1. Harper Lee’s ‘To Kill a Mockingbird? is often appreciated for examining difficult questions such as racial prejudice and class-based divisions through the eyes of the child protagonists. However, soon after its publication in 1960, the use of this novel in educational settings was quite controversial owing to its explicit use of words such as ‘nigger’ and ‘rape’. Given the more recent debates about ‘mmicroaggressions’ in school and college curricula, how would you appraise those eatly objections to the educational use of this novel? (10 marks) 2. ‘In Cold Blood’ is Truman Capote’s most well-known novel. At the time of its first publication in 1965 (carried in serial form by The New Yorker), it was promoted as a trailblazing effort in combining journalist and literary methods of writing. Since then, there have been many works that have described themselves as ‘non-fiction novels’. What are the inherent difficulties in using such a combination of methods? Reflect on questions related to the integrity of the writing process when an author attempts to do the same. (0 marks) 3, What are the different readings of the ending in Sadat Hassan Manto’s short story ‘Toba Tek Singh’ (first published in Urdu in 1950)? Which of these symbolic readings appears to be most plausible to you and why? Substantiate your position by thinking about the role of popular fiction in preserving and shaping collective memories. (10 marks) 4, In her preface to the English translation of Mahasweta Devi's short story “Draupadi” (first published in Bengali in 1978), Gayathri Chakravarty Spivak opines that this work ‘is a moment caught between two deconstructive formulas’. How do these deconstructive formulas play out through the actions of the respective characters? (10 marks) P.T.O.5, This course was an attempt to outline the immense possibilities of studying law through the lens of the humanities. One of the central claims of the ‘humanist’ strand is that we should become more attentive and considerate towards the role of emotions, subjective experiences and frailty while examining legal processes. How would you appraise this claim? Do you think that a course on ‘Law and Literature” should be made optional rather than a required one? Feel free to ‘use ideas and examples from outside the syllabus to articulate your position. (10 marks) wennNALSAR University of Law, Hyderabad. B.A., LL.B. (Hons.):II Year — VI Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) TAXATION Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1, Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._Don’t write any thing on the question paper. It will be treated as malpractice, 1) Mr. Shah was an owner of an apartment and the land thereto. The property was occupied by many tenants and they held tenancy rights. Somewhere in the year 2005, Mr.Shah signed a memorandum of understanding with Binani Constructors and Developers for the development of the said property. However, nothing substantive culminated from the said MoU in terms of consideration or performance. During the financial year 2007-08, Mr.Shah entered into a development agreement with another builder, Brilliant Developers for the construction of the same property. By virtue of this development agreement, Mr.Shah received an advance worth Rs.15 crores to purchase tenancy rights from the tenants and to relieve himself from an earlier MoU with Binani Constructors. Mr.Shah gave only the license to the Brilliant Developers to enter the property, In the mean time, Brilliant Developers approached the local Municipal Corporation for approval of plans and other necessary certificates. MrShah continued to negotiate and entered into several individual agreements with the tenants to purchase tenancy rights. Such agreements were entered till the end of the year 2010, Brilliant Developers was also caught into delays and requisite plans were revised and permissions sought from the Municipal Corporation. By the financial year 2012-13 the property was finally free from all encumbrances and the necessary permissions were obtained. Mr.Shah was paid another Rs.20 crores under the development agreement which was offered for capital gains tax. The Revenue Department took the view that since the development agreement was entered into between Mr.Shah and Brilliant Developers in the year 2007 and Mr.Shah had received substantial amount under the agreement, the capital gains are taxable in the year 2007 and not 2013.2) MrShah however contended that the payment received by him in the year 2007 was applied to the purchase of tenancy rights and other obligations under the MoU. Since the facts show that the tenants continued to occupy the property till the end of 2010, the possession was not transferred to Brilliant Developers. Rather, only a license to enter the property was issued. Further in view of the delay caused due to governmental permission, there was no part performance of contract, hence the transaction does not amount to transfer under sec.53A of, the ToPA and consequently sec.2(47) of the Income Tax Act, so as to fall within the purview of capital gains. Mr.Shah received the advance on his own account only in the year 2012-13. Consider these facts and in the light of decided cases and provisions of the Income Tax Act, determine whether the development agreement and amount received thereby is taxable in the year 2007 or 2013? (40 Marks) Consider the following fact situation, and determine whether the non-compete fee received by both the assesses should be treated as ‘business income’ or ‘capital gains’. Give reasons for your answers. (10 Marks) The assessee, Sarabhai P.Ltd., was carrying on the business of manufacturing, selling and distribution of ayurvedic and medicinal preparations. Sarabhai brothers, Rigved and Yajurved were promoters and directors of the company as well as majority shareholders. Rigved had received formal education in ayurved and was the key person in-charge of ‘manufacturing and overseeing production although he never participated in the management of the company. Yajurved was an MBA from IM Ahmedabad and managed sale, distribution and finances of the company. Patanjali P Ltd. another company entered into a share purchase agreement with the shareholders of Sarabhai Ltd including the promoter directors. The SPA included the following non-compete clause- “The sellers hereby irrevocably undertake and covenant that during the period of next seven ‘years, they will not directly or indirectly, carry on or be engaged, concerned or interested in any business which is similar to or competes either directly or indirectly of manufacturing ayurvedic products or interfere with, tender for, canvass, solicit or endeavour to entice away ‘from the Company any employees, customers, clients of the company. As desired by Sellers, @ non-compete consideration worth Rs.50 crore each shall be paid by Patanjali Ltd. to ‘Mr.Rigved Sarabhai and Mr. Yajurved Sarabhai.’3) Kalanjalilndia Ltd,(Kellndia), a company incorporated in India, is a world known brand of traditional Indian wear. It has a wholly owned subsidiary KalanjaliMauritius(KalMau)which in tun has a wholly owned subsidiary KalanjaliUK(KalUK). While Kallndia is responsible for marketing and distribution of its fashion line in India, KalUK is responsible for distribution in Europe. Kallndia and KalMau entered into a cost sharing agreement for creating new designs, While most designing, stitching is undertaken by designers in India; economic rights in new designs are vested equally onKallndia and KalMau. KelMau then passes on these designs to KalUK against payment of substantial royalty. Consequently, evenwhere Kalanjali is considered to be an Indian brand, Kallndia offers just 20% of its total revenues to Indian tax authorities while 80% of profits of the group rests in the Mauritius company. According to the Assessing Officer (AO), the cost sharing agreement and corporate structure of Kalanjali group is a colourable device to avoid payment of tax in India. KalMau is merely an inserted step and vesting of economic rights over designs mostly created by Kallndia is a mechanism to shift profits outside India, Kalanjali group refutes all such allegations contending that KalMau has genuine business purpose and is strategically located to capture the customer base in Europe. Determine if the business arrangement of Kalanjali group is a colourable device to avoid tax. ‘Assuming GAAR provisions has been made effective, decide whether cost sharing agreement between Kalindia and KalUK will be an ‘impermissible arrangement"? (10 Marks) 4) Answer the following briefly: (2x5 Marks=10 Marks) a) Mahesh owns a fully furnished bungalow with sprawling garden in Juhu which he lets out for shooting of TV serials and movies. The letting out of furniture is optional and the Production units are fice to get their own décor in which case, only the bungalow is let out, Decide if the income from bungalow is ‘income from house property’ or ‘business income’ of Mahesh, b) Allen & Overy, a law firm based in UK, was appointed as a consultant and legal advisor by Alliance Industries in India for its several ongoing projects in India and outside India. A & O does not have any fixed base in India and some partners had stayed in India for periods amouting to 100 days to understand the matters. A & O billed Alliance Industries to 3,00,000 pounds during the relevant financial year for all projects. Determine the applicable article of DTAA and whether the entire income is taxable in India?5) Write a short note on ANY TWO: (2x5 Marks= 10 Marks) a) ‘Bright Line Test’ in Indian Transfer Pricing Regime b) Taxation of Shares as investment portfolio and as trading portfolio ©) Azadi Bachao Andolan and Treaty Shopping erreeeserenes» 2 NALSAR University of Law, Hyderabad B.A, LLB. (Hons) IIE Year ~ VI Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) ADMINISTRATIVE LAW Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: Read the questions carefully and answer. No clarification shall be sought on the question paper. Don’t write any thing on the question paper. It will be treated as malpractice. Write a short note on the following: [5X3=15 Marks] a. Relation between the doctrines of ultra vires and legitimate expectations; . Instrumental and consequential bases of the principles of natural justice; ©. “Error of law apparent on the face of the record”; A country “C-1” enacted a Regulation of Asylum Act (RA4) to determine the grant, refusal and administration of asylum matters within its jurisdiction. The statute authorized the Asylum Commissioner for the preventive detention of an “illegal immigrant”, for the purpose of deportation. The term “illegal immigrant” was defined under the statute as: “Provided a person is not residing in the country for the purpose of participation in asylum application proceedings, anyone residing in the country without due grant of asylum under this Act, or in violation of the terms of such grant thereof shall be an illegal immigrant." Under the state, the Commissioner adopted a policy of not detaining an applicant if a family relative of the applicant was either a legal resident in the country, or was an asylum applicant. Due to a violent turmoil in the neighboring country “C-2”, several families entered into the territory of “C-1” seeking asylum. A refugee challenged his detention order under the Act on the ground that his maternal aunt was an “asylum applicant” under the Act. The application of his aunt had been duly rejected by the authorities under the Act, and she had filed a review proceeding, which was pending before the court. ‘The Commissioner defended the detention on the ground that “concerns of national security arising from the pragmatic necessities of managing mass influx of refugees” required suspension of the practiced policy on asylum. He further argued that the maternal aunt did not have the status of “asylum applicant” under the Act. It was also on record that the detaineedid not have the prior knowledge of such policy relaxation under the statute. Determine the dispute on the basis of class discussions and relevant legal principles, [10 Marks} P.T.O.3) 4 x Examine the given propositions to answer the following question based upon the class discussions and relevant legal principles. “The fundamental policy of our jurisprudence is that no man can be a judge in his own cause... Justice is not the function of the courts alone; itis also the duty of [the administrative authorities] who are expected to decide fairly between contending parties.” [P.N. Bhagwati, J, in ASHOK KUMAR YADAV vs. STATE OF HARYANA, 1987 SC] “The real question is not that whether he should be a judge in his own cause, but whether he should be considered a judge at all.. The minister’s Constitutional role is to formulate and apply government policy.” (Lord Hoffmann in THE ALCONBURY CASE, 2003 AC] Elucidate the similarities and differences between the two propositions by evaluating the idea of bias in public law. [10 Marks} How have the courts determined the “merit of an administrative discretion” against the “problem of pre-judgment” in the cases of policy fetters? 17.5 Marks} Proportionalityas a ground of judicial review has been characterized as a development over ‘the Wednesbury model of review.Examine the relationship between the doctrines ofproportionality and Wednesbury unreasonableness as grounds of judicial review. (7.5 Marks}NALSAR University of Law, Hyderabad. B.A, LLB. (Hons.):I11 Year — VI Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) CONSTITUTIONAL LAW - IL Total Marks: 50 ‘Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clatification shall be sought on the question paper. 3._Don’t write any thing on the question paper. It will be treated as malpractice, Q.L. The power to promulgate an Ordinance is essentially a power to be used to meet an extra-ordinary situation and it cannot be allowed to be "perverted to serve political ends.” It is contrary to all democratic norms that the Executive should have the power to make a law, but in order to meet an emergent situation, this power is conferred on the Governor and an Ordinance issued by the Governor in exercise of this power must, therefore, of necessity be limited in point of time, ‘The Supreme Court has however held that “ By and large, in the formulation of matters of legislative policy, the government of the day must be allowed a free, though fair play. Although an ordinance canbe invalidated for contravention of the constitutional Himitations which exist upon the power of the State legislature to pass laws it cannot be declared invalid for the reason of non-application of mind, any more than any other law can be. An executive act is liable to be struck down on the ground of non-application of mind. Not the act of a Legislature. The power to issue an ordinance is not an executive power but is the power of the executive to legislate, This power is plenary within its field like the power of the State Legislature to pass laws and there are no limitations on such power”. Discuss the critique of this position of law using readings discussed in class. (8 Marks) Q2. A two judge bench of the Supreme Court in State vs Prem Raj has held that ‘A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. It affects both the punishment prescribed for the offence and the guilt of the offender; in other words, a full pardon may blot out the guilt itself. It does not amount to an acquittal unless the court otherwise directs.” On the other hand it has been argued in the Bhullar case, that the power reposed in the President under Article 72 and the Govemor under Article 161 of the Constitution is not a matter of grace or mercy, but is a constitutional duty of great significance and the same has to be exercised with great care and circumspection keeping in view the larger public interest, 1. Discuss which of the two views is better with reference to the nature of this power. (4 Marks) 2. Discuss if this power can be understood as a constitutional power, a quasi-judicial power or an executive power. (4 Marks) 3. Discuss if the power to grant pardon needs to be distinguished from the way in which courts act while discharging similar duties. (4 Marks) P.O.Q3. The State of Haryana has enacted the Haryena Panchayati Raj ( Amendment) Act 2015 introducing additional disqualifications for persons contesting panchayat elections. One of the disqualifications added is that persons against whom charges are framed in criminal cases for offences punishable with imprisonment for not less than 10 years may not contest the election, The provision is challenged as being in contravention to the provisions of the Representation of Peoples Act which prescribes that a person convicted of any offence and sentenced to imprisonment of not less than 2 years is disqualified from standing for elections. ‘The petitioners also challenge the amendment Act on the ground that it is violative of Article 14 of the Constitution as they create an unreasonable restriction on the right to vote and create an artificial classification of voters who are otherwise a homogenous group entitled to participate in the electoral process. It is contended by the petitioners thet frivolous litigation by merely ensuring that a person is charged with such offences will lead (o immense hardship for those contesting elections particularly when there are no such restrictions on those contesting Assembly and Parliamentary elections. It is argued that the Parliament has very wisely reftained ftom providing that on the filing of a charge sheet imespective of the progression of the trial a person must be disqualified from contesting elections, It is argued that the State Government is precluded from making any provision that restricts the right of a person to contest elections since the Central Legislation has expressly refrained from restricting a person’s tight to contest clections on these whimsical grounds. They disqualification at the stage of framing of charges imposes penalties against a person which is violative of the due process of law. Irrecoverable damage will be caused to candidates which will not be compensated when subsequently he may be acquitted of the charges. For the State it is argued that the Legislature’s powers from Article 246 is plenary, the qualifications have a reasonable nexus with the objective of the legislation and the scope of judicial review is limited. It is also argued for the State, that this provision is necessary to reduce the criminalisation of politics and since neither the central legislature nor political parties have taken steps to reduce the number of criminals in politics, this step of the state government must be commended, 1. Decide if the State legislature is free to prescribe any qualifications/disqualifications it deems fit for candidates contesting elections at all levels even if they are not in consonance with central legislation. Discuss if a competence argument under 246 would lie. @ Marks) Tl. In the light of decided cases give an opinion ifthe source of the power to legislate on disqualifications of panchayat members as well as members of legislative assemblies and Parliament isto be found in A.246. (Marks) IHL. Discuss if the power of the legislature to prescribe qualifications is subject to an Article 14 challenge. Discuss the cases where such a challenge has been made. (4Marks) IV. Discuss if the right to vote and contest elections are part of the same right and if these rights are constitutional rights. (Q Marks) QA. Write Short notes: (4x4=16 Marks) 1. The different types of tenure in the Constitution of India IL. _ Discuss the significance of A.370 in the Indian Constitution JIL. Compare and discuss the provisions for autonomy in the V and VI Schedules IV. The relation between judicial primacy and judicial independence eneeeeeNALSAR University of Law, Hyderabad B.A., LL.B (Hons.): IMI Year ~ VI Semester (Academic Year: 2014-2015) END-SEMESTER EXAMINATION (APRIL, 2016) COMPANY LAW Total Marks: 50 Marks Time : 2 Hour 30 Minutes INSTRUCTION: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3. Don’t write anything on the question paper. It will be treated as malpractice. Mr. X and his wife together held 1,63,248 shares of X Ltd. which manufactured cotton products in its factory at RR. District, Telangana. In 1995, due to financial crunch, its networth turned negative, Its accumulated dues to financial institutions stood at Rs. 1,918.19 lakhs. At that stage, Y Ltd. was inducted as a co-promoter and after receiving necessary approvals, 19,87,687 equity shares of Rs. 10/- each at par were allotted to them. In addition to allotment of shares, Y infused funds and its percentage of holding went from 25.07% to 77.71%. With such infusion, the net-worth of X tumed positive and share capital rose from Rs. 5.9 crores to Rs. 41.00 crores, Later, through a series of open offers, Y increased its shareholding to 93.6%. In January 2006, X engaged an independent firm, M/s. A.F. Ferguson and Company to study and submit a report on restructuring the capital of the company keeping in view the need to reduce cost in servicing small shareholders and to advance the availability of surplus cash with the company, Ferguson in their report suggested reduction of share capital and valued shares at Rs, 7/- per share. The Board of X then called for General Body meeting which passed a special resolution for reduction of shares of the company in the following manner, (a) By reducing issued capital from Rs. 40,90,76,870/- divided into 4,09,07,687 equity shares of Rs. 10/- each to Rs. 28,77,94,100/- divided into 2,87,79,410 equity shares of Rs. 10/- each; (b) to effect such reduction by canceling and extinguishing Rs. 1,21,28,277 equity shares comprising 95,93,137 fully paid up shares held by Y, and (c) By canceling and extinguishing 25,25,040 fully paid up shares held by public shareholders and 10,100 partly paid up shares to the extent of Rs. 5/- per share held by public, at the rate of Rs. 7/- per fully paid up share at the rate of Rs. 3.50 per fully paid up shares. The said scheme was objected by applicant on three grounds: 1. The promoters of the company by adopting method of reduction of capital excluded other shareholders by dubious means which is contrary to the very principle of incorporation of a joint stock company. 2. Reasons for reduction are not valid and if X had good intentions, the company ought to have resorted to buyback of shares at a just and fair price. 3. No separate class meeting of public shareholders was conducted in addition to general meeting. Decide on the objections raised to the reduction plan. (5Marks)2. Use relevant provisions of Companies Act, 2013 and the data given below to determine the maximum quantum of buy-back that can be done by a. Special Resolution; b. BOD resolution ¢c. maximum quantum of buy back of equity shares. (6 Marks) 10 lakh equity shares @ 10/share (fully paid) 10 lakh equity shares @ 10/share (Rs. 5 partly paid) 10 lakh equity shares @ 10/share (fully paid with differential voting rights) 1 lakh preference shares @ 100/share (fully paid) Free reserves = 7.5 er. paege Alpha Ltd, is a real estate company incorporated in 1990 and is involved in the business of buying and selling of plots of land. The Articles of the company gave wide discretion to the directors to deal with the assets of the company in manner as they deem fit, including selling the assets to a rival company. The articles of company also contained a provision which mandated any dispute between members and the company to be referred to Arbitration. Alpha hhas a total of 500 shareholders. The company made buge progress in the aftermath of the beralization model of the Government and all the shareholders were quite satisfied with the performance of the company and more so with the MD of the Company, Mr. Wonderful. However, after 2 successful run for over fifteen years, in 2008, world economy was hit by recession and Alpha suffered huge setback as suddenly, there were no buyers in the market for real estate. The situation was so bad that Alpha failed to repay the deposits accepted by it even after two years after due date. In early, 2010, Mr. Wonderful was appointed as a director of another company Gama Ltd., also a real estate company but engaged not just in buying-selling of land but also in development of plots and was doing just fine as if it was not hit by the recession at all. Mr. Wonderful was instrumental in cutting a deal between Alpha and Gama, according to which Alpha would sell 50 acres of land to Gama at a market price of Rs. lcrore/acre. Mr. Wonderful, as per the deal ‘would be entitled to a commission of Rs. | lakh/acre. ‘The Board of Directors, in January 2011 passed a resolution to finalize the mode of spending Rs, 50 crore it got out of solling the property to Gama. Accordingly, it was decided in a meeting attended by all the directors of the company to utilize the money in the manner provided below: 2) Grant of Rs. 10 lakhs as loan to Mr. Flash, member of Alpha and son-in-law of Mr. Wonderful. 'b) Pay Remuneration (a sum equal to | crore) to all the directors who had not been paid for the last 1 year. ©) Transfer Rs. 20 crore to its wholly owned subsidiary involved in related business. ‘The Board of Directors, subsequently in Dec, 2011, resolved and filed a petition for winding, up before the Tribunal as it was commercially insolvent to carry on any business. The matter is pending before the Tribunal. ‘When the non-promoter shareholders got to know of the petition, a group comprising of $0 shareholders filed a petition against the directors for continued mismanagement of the company. However, subsequent to the admission of the petition, 10 shareholders withdrew their consent. It was argued later that the suit was barred by limitation and that the petitioners lacked the numerical strength to file a suit for mismanagement a) Examine the factual scenario for possible violations of the Companies Act. (6 Marks) b) Whether a suit for mismanagement can be successful in the present matter? (3 Marks) ©) Whether derivative action suit can be filed in the present case? (2 Marks)4, X Itd,, is a company incorporated under Companies Act, 1956. In 2014, X decided to raise money through Initial public offer. Details of the Company are given below: a) Use relevant provisions of ICDR to determine the kind/route of public issue (book building or fixed price issue), the company can opt for. (2.5 Marks) ‘Year Net tangible | Average pre-tax | Net worth asset (in crores) _| profit (in crores) 2009 1S 10 25 2010 2 15 2 [20r 3 10 09 [2012 35 20 3 2013 a5 7 35 b) X Ltd. raised Rs. 36.85 crore as issue proceeds from its Initial Public Offer (IPO) in 2014. The Object of the issue disclosed in in the RHP stated, “Company proposes to utilize approx, 11.5 crore towards development of portfolio management business, Rs. 8.9 cr. towards general corporate purpose; 7.7 cr. towards brand building and 7 cr. and 1.6 cr. towards purchase of corporate office and issue expenses respectively”. The RHP filed on Sept 21, 2011 also disclosed that “neither definitive arrangements were in place for utilization of issue proceeds nor a bridge loan was taken towards meeting the expenditure mentioned in the objects of issue.” The issue opened for subscription on September 28, 2011 and closed on October 4, 2011. A complaint was made to SEB! that while the issue was open for subscription, on Sept 30, 2011, the issuing company by way of Board resolution had taken short term loans (1 cr.) for meeting the payment due to two entities, ¥ Ltd And Z Itd. The short term Joan was allegedly taken to make urgent payments to these two entities towards providing services in relation to the development of portfolio management business, one of the stated object of the issue, It was alleged that company had not disclosed material facts elated to the issue, Decide, (S Marks) 5. Mr. Kumar owned 10 shares of Company, X Ltd., out of which 5 shares were held jointly with Mr. Pandey. Mr. Kumar also nominated Mr. Pandey for the other half. On the death of Mr. Kumar, Mrs Kumar claimed the ownership of all ten shares. Will she succeed? (5 Marks) 6. "The rule of equity which insists on those who by use of fiduciary position make a profit, being liable to account for those profits and in no way depends on fraud or absence of bonafides or whether he took the risk for the benefit of company.” (Lord Russell, Regal (Hastings) Lid. v Gulliver 1942 Al ER}. Comment. (75 Marks) 7. Write Short notes: (Attempt any 2) (6X2 = 10 Marks) a. Derivative Action suit b. ‘Inability to pay debts’ for winding up ©. Dual class shares seepeeeeetesNALSAR University of Law, Hyderabad. B.A, LL.B. (Hons,)IV Year ~ VIII Semester (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) ENVIRONMENTAL LAW ‘Total Marks: 50 Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2. No clarification shall be sought on the question paper. 3._Don’t write any thing on the question paper. It will be treated as malpractice, (Question 1-S(don't take more: Note-1: The laws of the fictional state constructed are in pari materia with India. Note-2 You may take the judicial decisions from India to have a persuasive value in the matter. A rayon manufacturing plant M/S. Divan & Rosencranz (P) Ltd. is engaged in the business of production of rayon. It lies on the banks of river Qamuna in the industrial town of Waridabad in the state of Zaryana. The owners had filed an application in the prescribed form with the prescribed fee on the 17° of April, 1993 to establish the industry, operation or process. They received the consent for the same on 23° of August, 1993 with certain conditions attached (like setting-up an effluent treatment plant) to the same. The same have been entered in the register maintained for the purpose by the state board. A well is also located on the compound in Sector-B of the unit, Sector-B is part of the residential quarters where families of the night-watchmen stay. An employee, Mr. S.C. Shastri, of the state board empowered by the same ~ on a tip-off that the well was being used to discharge waste ~ had attempted to enter the compound of the unit on the night of 25 of August, 1993. His efforts were thwarted by the staff at the gate of Sector-B. ‘The very next day, on 26" of August, the state board dispatched a team to enter and inspect the offending well. They served on the person-in-charge ofthe plant, at 10 am,a notice in the prescribed form of their intention to collect samples from the well and have them analysed. ‘The sample was collected — in presence of the person-in-charge — and divided into two parts. Both were marked and sealed by both parties and sent to the lab established under ss. 17 & 52 of the Water Act. During the same inspection, a water sample was also taken from Sector-A, comprising of the industrial plant. The same was divided into two parts, before being signed, sealed and marked. Reports of the same came in and it was found thet the levels of a certain pollutant, in the water, was above the standards set by the board in this regard. By early 1994, the board was aware of the fact that no effluent treatment plant had been set- up. They served M/S. Divan & Rosencranz (P) Ltd. with reminders based on the board’s policy of ‘persuasion’ over ‘coercion’. Also, as a part of its operations it was using the waters from the river to act as an external coolant, Around 1000 cusees of water was channelized topass through an arca where some of the machinery was installed. Thereafter, the water was allowed to pass back into its natural course. Based on the above passage, answer the following: the legal counsel of M/S. Divan & Rosencr 1. M/S. Divan & Rosencranz. (P) Ltd. were unhappy with what they perceived as a violation of the Water (Prevention and Control of Pollution) Act, 1974 viz. Mr. S.C. Shastri’s attempt to enter and inspect. They have approached you to discuss any action they may face. Advise them. [2 Marks] 2. M/S. Divan & Roseneranz (P) Ltd. — fearing the worst - also want youto apprise them of the law with respect to the samples taken. Based on the statutory position, judicial decisions, and/or any other discussions carried out in class give them a holistic idea on the various interpretations of the law. [6 Marks] As the judge in the relevant cou 3. The Zaryana State Water Board wants M/S. Divan & Roscncranz (P) Ltd. to pay a cess under the Water (Prevention and Control of Pollution) Cess Act, 1977. Based on the statutory position, judicial decisions, and/or any other discussions carried out in class frame a judgment. Make sure you refer to differing opinions on this point. [4 Marks] 4, You wish to pass an order requiring compliance, on part of M/S. Divan & Rosencranz (P) Lid,, with a consent order of the state board? What provision might provide you the legal basis based on its explication by the judiciary? [4 Marks] 5. If M/S. Divan & Roseneranz (P) Ltd.was to agree to construct a ‘primary’ effluent ‘treatment plant — would you permit this as being part of the holistic idea of Sustainable Development and Common, but Differentiated, Responsibility? What order(s) could you pass in relation to the same taking into consideration that there are a number of industries in the area that could do with some level of assistance from the state to fulfil their duties? [4 Marks) 6.Dr. N.V Paranjape, an American citizen, wishes to gain aocess to the red sandalwood in the States of Kerala and Tami] Nadu. He has some business interest in the sandalwood oil extracting factoriesin Europe and wishes to use the raw material available in India. He has already written to the relevant State Biodiversity Boards. However, not being conversant with the Indian law on biodiversity he has engaged you. He has been previously told that maybe collaboration with an Indian company may be suitable for him. Guide Dr. Paranjape on the nuances of the law related to Biodiversity specific to his case, (7.5 Marks}7. [A] depiction of TVA’s plan for the valley - “We're going to have Timberlake City — Industrial here, where the bridge crosses the river, then Residential, Residential, Residential, 40 thousand people, 25 thousand jobs. If you really care about the environment and people, ‘you will let go of this river and let us flood the valley to create this important development project.” And of course that is a powerful argument in East Tennessee, where jobs and economic opportunity have been so scarce.” The language of ‘development’ is played. The rhetoric used is that ‘[If] you really care about the environment and people” you will recognize the importance of a development project, Can you think of similar examples based on the examples discussed in class during the semester? [7.5 Marks] 8. Belowis a representation of the idea of ‘Common, but Differentiated, Responsibility” ‘Meta-psincipies Ethical principles Pottical principles Potiey principle Source: Dellink etal. (2009) It has a longer name, explain the same in terms of varying stands taken by nations at the international level. Is the concept of Access and Benefit Sharing connected to the same? Explain, [7.5 Marks] 9. “India’s elite have cultivated a ‘world-class’ aesthetic that they are using to try to create ‘bourgeois cities’ (Partha Chatterjee), largely through the language of ‘environmental improvement’”” What legal device has been, identified by the author, used by the courts fo further the same? Provide cases giving both sides of the picture. 17.5 Marks] 10, An office has been created under the Wildlife (Protection) Act, 1972 keeping in focus the view that people’s participation and support is crucial for conservation. Write a short note about the role assigned to the office, its selection criteria and process and range of powers that are, and/or may be, extended to it. Can one suggest that this was in line with spirit of Brundtland — if yes, how? (7.5 Marks]NALSAR University of Law, Hyderabad. B.A., LL.B. (Hons.): IV and V Year (Academic Year: 2015-2016) END-SEMESTER EXAMINATION (APRIL, 2016) AFFIRMATIVE ACTION & DISTRIBUTIVE JUSTICE (ELECTIVE COURSE) Total Marks: 50 ‘Time: 2 Hours 30 Minutes INSTRUCTIONS: 1. Read the questions carefully and answer. 2, No clarification shall be sought on the question paper. 3, Don’t write any thing on the question paper. It will be treated as malpractice, Question 1: “Twas born in Columbia in 1954, the year the Supreme Court invalidated racial segregation in public schools. I visited frequently but did not live there. Fleeing racism like many millions of other Southern black refugees, my parents raised me and my siblings in Washington, D.C. My ‘father once told me he feared that if he remained in the Deep South, he would kill or be Killed in a racial altercation. He was a postal clerk who attended a couple of years of college at two black institutions: Dillard University, in New Orleans, and Southern University, in Baton Rouge. My mother was a schoolteacher who earned an undergraduate degree from South Carolina State College, an institution created for Negroes in order to “protect” the state’s white university. Throughout the late 1950s and early 1960s, I enjoyed a happy childhood in a loving household. By moving north, my family did not wholly escape racism; anti-black attitudes and practices were (and are) a national phenomenon. But what we encountered in D.C. pated in comparison with what my extended family faced in South Carolina; one of my cousins was at the civil rights protest at South Carolina State College in which three undergraduates were murdered by state police in an episode of racially motivated violence that, while the subject of a fine book, has never received the attention it warranted. In my house, discussion about the civil rights movement was constant. From my parents 1 learned to revere well-known heroes and heroines—Martin Luther King, Jr.; Rosa Parks; Fannie Lou Hamer—as well as lesser-known figures like James Hinton, Modjeska Simkins, and Matthew Perry. Subsequently, I have come to appreciate with ever-deepening gratitude the benefits they pried open and that I have enjoyed as a matter of course. For one thing, Ihave had the privilege of attending an extraordinary array of schools that became accessible to more than a negligible number of black students only after the late 1960s: St. Albans School for Boys (1968-73), Princeton University (1973-77), and Yale Law School (1979-82). An affirmative 1