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Hidayatullah National Law University, Raipur

End Term Examination, April-2012


SEMESTER IV

LABOUR LAW - I
Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. Raghav, an employee of Excel Manufacturing Co. was retrenched by the
Employer on account of some reasons. The Excel Manufacturing Co. has
three registered trade unions in which majority of the employees are
members. However none of the trade unions as well as other employees
were ready to support the cause of Raghav. Raghav filed an application
against his retrenchment in the appropriate authority. The appropriate
authority rejected his application on the reason that it is an individual
dispute and not an industrial dispute. Discuss the legality of the order
passed by the said authority.
(3 Marks)
b. Discuss the law relating to Industrial Dispute. Distinguish between
Industrial Dispute and Individual Dispute with the help of decided cases.
(3 Marks)
c. Examine the law relating to reference of an Industrial Dispute under the
Industrial Disputes Act, 1947.
(4
Marks)
2.
a. In Chhattisgarh State Electricity Board, a strike was going on from 12 th
March, 2010 and their dispute was referred to Labour Court on 18 th
March, 2010. The employees were not satisfied by this reference and they
continued with their strike. Explain whether the continuation of strike
even after the reference of their dispute to Labour Court is valid or not
with the help of relevant laws in India.
(3 Marks)

b. Discuss under what circumstances a strike is illegal as per the provisions


of Industrial Dispute Act, 1947.
(7
Marks)
3.
a. Define Trade Union. Discuss the advantages of a registered Trade Union
in India.
(6 Marks)
b. Explain what are the Unfair Labour Practices on the part of a Trade
Union in India.
(4 Marks)
4. Discuss the law relating to Retrenchment and Lay-Off in India. Distinguish
between Lock Out and Lay-Off.
5. Write Short Notes on Any Two:a. Scope and Nature of Standing Orders under the Industrial Employment
Standing Orders Act, 1946.
b. Discuss the Composition, Procedure, Powers and Duties of Conciliation
Board and Labour Courts under the Industrial Disputes Act, 1947.
c. Examine the law relating to registration of a Trade Union in India.
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Hidayatullah National Law University,


Raipur

End Term Examination, April-2012


SEMESTER IV

ENVIRONMENTAL LAW
Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

(iii) Refer cases wherever necessary.


Q. 1.

Environment Protection Act, 1986 is an enabling law, which articulates the


essential legislative policy on environmental protection and delegates wide powers to
the executive to enable bureaucrats to frame necessary rules and regulations
In the light of above statement highlight the main aims and objectives of the EPA
(04 Marks). Discuss the importance of Section 3 and Section 5 of EPA and also
highlight the significant role played by Indian judiciary in realizing the objectives of
EPA (06 Marks).

Q. 2. The Rio Declaration was adopted at Earth Summit with the goal of establishing a
new and equitable global partnership through co-operation among states key sectors
of societies and peopleIn the context of above statement enumerate the various principles of general rights
and obligations of the states for environmental protection enshrined in the Rio
Declaration.

Q. 3.

Article 21 guarantees a fundamental right to life a life of dignity, to be lived in a


proper environment, free from danger of disease and infection.
In the context of above statement highlight the meritorious role played by Indian
Judiciary in establishing right to environment as a part of right to life under Article
21 of the Indian Constitution.

Q. 4.

Explain the salient features of Water Act? (06 Marks) Justify with the help of
relevant case laws whether the aims and objectives of Water Act have been achieved?
(04 Marks)

Q. 5.

Write short notes (Any Two)-

(a) Sustainable Development


(b) Public Trust Doctrine
(c) Precautionary Principle
(d) Strict Liability and Absolute Liability

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

Hidayatullah National Law University,


Raipur
End Term Examination, April-2012
SEMESTER IV

CONSTITUTIONAL GOVERNANCE - II
Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. Examine whether the opinion of the Chief Justice of India in regard to the
appointment of Judges to the Supreme Court and High Court is entitled to
primacy? Can the President disregard the said opinion when it is in conflict
with the advice tendered by the council of ministers? Refer to the
constitutional issues and the case law on the point.
2. The trade, commerce and intercourse throughout the territory of India shall
be free. To what extent can the Parliament or State Legislature prohibit this
freedom?
3. Amending power has been exclusively assigned to the Union Parliament
except when the amendment involves amendment of the federal provisions.
Discuss.

4. What guidelines did the Supreme Court of India lay down on the following
questions in S.R. Bommai V. Union of India (1994) 3 SCC 1 ?
a. Whether a President proclamation dissolving a State Legislative
Assembly is subject to judicial review?
b. Under what circumstances can the Supreme Court restore the
dissolved state assembly?
c. How Secularism can be a determining factor in imposing presidents
rule in a State?
5. Write short note on any two of the following:a. Advisory Jurisdiction of Supreme Court.
b. Office of Profit.
c. Original Jurisdiction of Supreme Court.

Hidayatullah National Law University,


Raipur
End Term Examination, April-2012
SEMESTER IV

ECONOMICS (MAJOR)
Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. The Constitution of each country lays down a specific budget procedure and
thus the budget of every country is framed, passed and executed in
accordance with the specified procedure.
Explain in detail the budgetary procedure of India.
2.

a. Define inflation. How is inflation measured? Explain the methods of


measuring inflation with example.
(3
Marks)
b. A period of prolonged, persistent and continuous inflation results in
the economic, political, social and moral disruption of society. Discuss
in detail Economic effects of Inflation.
(7
Marks)

3. Distinguish between direct and indirect taxes. How do they differ in their
equity effects? Explain with the help of diagrams.
4.
a. RBI has been using various monetary measures from time to time
including some non-traditional measures for price stabilization and
other monetary policy objectives

Discuss the measures adopted by the RBI.


Marks)
b. What are the limitations of the monetary policy?
Marks)
5. Write short notes on any 2 of the following :i. FRBM Act
ii. Business Cycle
iii. Importance of Public Finance

(7

(3

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

Hidayatullah National Law University, Raipur


End Term Examination, April-2012
SEMESTER IV

TRANSFER OF PROPERTY
Max. Marks: 40

Max. Time: 3:00 Hrs.

Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.

a. Transferability of property is the general rule; its non-transferability is an


exception. Elaborate.
Marks-6

b. Raj gifts one lakh rupees to Ravi, reserving to himself, with Ravis assent, the
right to take back at pleasure Rs. 10,000 out of one lakh. Discuss about the
validity of the gift.
Marks-2

c. A makes a gift of his property X to B on 1/1/12 by a written deed. Again on


15/1/12 A sells the same property X to C for a consideration of Rs. 5000 with
the intention to commit a fraud with C . What is the remedy available to C?
Marks-2

2.
a. The one who is first in time, is better in law is a general principle. What are the
exceptions to this principle?
Marks-6
b. A made a gift to her nephews daughter B (a living person) for life time, and
then absolutely to Bs male child (unborn), if she will have any. In the absence of
any male child, to Bs daughter (unborn) for her life time and after Bs daughters
life time to C (a living person) absolutely. Discuss the validity of the transfer.
Marks-4
3.

a. Explain the Doctrine of Part Performance? Elaborate with the help of some
leading case laws. Is there any difference between English and Indian law
relating to part performance?
Marks- 6

b. A suit is pending in relation to a property named China Town between Rahul


and Prem. Prem transfers that property to Anjali, who is not aware about the
pendency of suit. The decree in the suit is passed in favour of Rahul. Whether
Anjali will be divested of her rights over that property?
Marks- 4

4.
a. Write short notes on any two of the followings:
Marks-6

i. Feeding the grant by estoppel


ii. Fraudulent transfer
iii. Donation Mortis Causa
b. A is the owner of two properties X and Y. A mortgages X to B for securing
the repayment of Rs. 2000 and then mortgages both X and Y to C for securing
the repayment of Rs. 4000. Later on property X is sold to D and property Y to
E. The value of both the properties is Rs. 5000 each. C recovers Rs. 4000 from
E. Whether E can ask contribution from D in the repayment of subsequent
mortgage money, if yes then for what amount?
Marks- 4
5.

a. What is mortgagors right to redeem? What do you mean by a clog on equity of


redemption? Elaborate with some suitable instances.
Marks-6

b. A transfers property to his wife with a condition that in case of her death during
his life time the same property shall be transferred to B. A and his wife dies
together, under circumstances which make it impossible to prove that she died
before him. Whether the transfer made in favour of B will take place?
Marks-4

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