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Hidayatullah National Law University, Raipur

End-Term Examination, April-2010


Semester - II
ECONOMICS (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. What is meant by National Income. Discuss the various methods of


measuring national income.

2. Discuss Keynesian theory of Employment. What is the basic difference between


Classical theory of employment and Keynesian theory of employment?

3. What is Inflation? Discuss the causes of inflation and also remedial measures to
control inflation.

4. Discuss functions of Central bank of a country.

5. Write short Notes on any two of the following:


a. Fiscal Policy
b. Credit Control
c. Commercial Banking

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
POLITICAL SCIENCE (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Hobbes political philosophy concerning sovereignty, laws, rights and liberties is


premised on his perception of human nature, the life they lived in the state of
nature, and the nature and structure of the social contract made between the
individuals. Discuss.

2. To Mahatma Gandhi while it was the means that justified the end; for Machiavelli
it was the end that justified the means. Critically examine the statement by
comparing and contrasting both Machiavelli and Mahatma Gandhis views on
religion, politics, morality and ethics.

3. Critically examine John Lockes views on social contract, and compare and contrast
the same with the social contract of Thomas Hobbes and Jean Jacques Rousseau.

4. Discuss in detail Jawaharlal Nehrus views on democracy and secularism.

5. Write short notes on any two of the following:


a) Montesquieus Theory of Separation of Power
b) Platos Philosopher King
c) Aristotles Best Attainable State

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
SOCIOLOGY (MAJOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Critically analyze the Spencers theory of evolution of society with suitable


examples.

2. Discuss the relevance of Schutzs Phenomenology in studying social issues.

3. Critically examine the concept of capitalism through the lenses of Post


modernity with suitable examples.

4. Analyse the Postmodern Condition in relation to Big Science and Little Science
and its impact on humanities and social political thought.

5. Write two short notes from the following:


a. Characteristics of Deconstruction
b. Relative Deprivation
c. Habitus

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - IV
JURISPRUDENCE - I
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Critically examine the following statement, explain the 'Living Law' concept of
Ehrlich and also point out the scope of its application in Indian legal system;

"To attempt to imprison the law of a time or of a people within the sections of a
code is about as reasonable as to attempt to confine a stream within a pond. The
water that is put in the pond is no longer a living stream but a stagnant pool,
and but little water can be put in the pond."

2. "The science of jurisprudence is concerned with positive laws, or with laws


strictly so called, as considered without regard to their goodness or badness".

Critically evaluate the Austinian notion of jurisprudence and its legitimacy,


more specifically in light of the experience of Nazi regime in Germany and 1975-
1977 emergency in India.

3. Lon L. Fuller rejects the notion of natural law as a body of authoritative "higher-
law" axims against which human enactments must be measured instead he
speaks of the theory or study of good order and workable arrangements.

In light of the above observation critically examine the Fullerian thesis of the
inner morality of law.

4.
i. Discuss the merits and demerits of justice according to law. Can
there be justice without law?

ii. Discuss the uses and importance of the study of jurisprudence.

5. We must be prepared to use the legal system to defend a core of morality,


because "society means a community of ideas; without shared ideas on politics,
morals and ethics no society can exist they can not be kept private from the
society in which we live."

In light of the above statement discuss the Hart-Devlin debate on the issue of
enforcement of morals through criminal law.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
LAW OF CONTRACT - I
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Define Contract and explain the following statement with relevant cases-
All contracts are agreements but all agreements are not contracts. Marks-10

2.
a. Define Consideration and elaborate the principle An agreement without
consideration is void. What are the exceptions to this general principle?
Marks-6
b. Mother of Ram, gave her property to Ram and directed him to give Rs. 500
per annum to his brother Shyam. An agreement was also made between Ram
and Shyam in which Ram promised to give Rs. 500 per annum to Shyam. But
Ram did not keep his promise. Shaym filed a suit against Ram to recover the
amount. Ram argued that Shyam has given no consideration for the promise
made by him and thus it is not enforceable. Decide the case? Marks-4

3.
a. What is undue influence? What is the effect of undue influence on a contract?
Marks- 4
b. X is 17 years old but he represented that he has attained the age of 19 years.
He borrowed money from the money-lender to whom he has made such
representation and executed a promissory note therefore. Thereafter he filed
a suit seeking cancellation of the promissory note. Whether he will get
success? Is any remedy available to the money-lender? Will there be any
difference in the answer if the money-lender had knowledge at the time of
execution of promissory note that X was minor? Marks- 4

c. A sells a horse to B by auction. A knows the fact that the horse is of unsound
mind but he says nothing to B about this fact. B files a suit to revoke the
contract on the basis of fraud. Whether B will win the case? Marks- 2
4.
a. Discuss the doctrine of frustration with relevant case laws? Marks- 7

b. M contracts with N to sing at his theatre and N pays her Rs. 1000/- in
advance. M fell ill seriously and became unable to sing on the fixed date. N
files a suit against her demanding the return of the advance money and also
for recovering damages for the loss arising to him due to breach of contract.
Decide. Marks-3

5. Differentiate between the following- (any 4) Marks-10


a. Temporary Injunction and Perpetual Injunction
b. Fraud and Misrepresentation
c. Wagering agreement and Contingent Contract
d. Contract and Quasi Contract
e. Prohibitory Injunction and Mandatory Injunction
f. Void agreement and Voidable contract
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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VI
IPR (GENERAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Define the followings in thirty words:-

(i) Service Mark (ii) Trade Dress


(iii) Passing off (iv) Utility model
(iv) Synergism (vi) Specification
(vii) Anticipation (viii) Bio-piracy
(ix) Notional Skilled Addressee (x) Cognate invention

2. Write the difference:-


i. Trade Mark and property mark.
ii. Registered Trade Mark and Non-Registered Trade Mark.
iii. Pre-grant opposition and Post-Grant opposition.
iv. Patent System and Sui generis system.
v. Person skilled in art and motional skilled addressee.

3.
a. Fill the blanks:

i. The knowledge in public domain is known as __________ .


ii. The main test of trade mark is __________ .
iii. Obvious combination of known devices is called as __________ .
iv. Invention is the new process or product which includes inventive
step and __________ .
v. Constitutional validity of section 3 (d) of Patent Act was challenged
on the ground of __________ .

b. Match the followings:-

(i) PCT Publication (a) 48 months.


(ii) Complete specification (b) 15 months.
(iii) Withdrawal of application (c) 12 months.
(iv) Examination Report (d) 18 months.
(v) Request of Examination (e) 3 months.
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4.
a. A produces a new after-shave lotion to be sold in clear lime shaped bottles
to show off the lime coloured scent. It has the fresh smell of lime. A
intends to apply to register shape of the bottle, the colour of the liquid it
contain and the smell as a trade mark. Can a do so?

b. Rajesh combines the well known device of telephone and television by


which one can not only hear the other person's voice but also see him.
Rajesh claims a patent for his invention. The controller of patents.
Refuses the grant of the patent on the ground that this new device is
merely a combination of well-know devices of telephone and television and
lack inventive ingenuity. Do you agree with this decision? Give reason.

5.
a. When does a trade mark become distinctive? Explain with the help of
statutory provisions and decided cases.

b. "Invention must not be obvious for the person who is skilled in the art."
Explain the statement in the light of different types of technology.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
CORPORATE FINANCE (HONS.-II)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Answers should be analytical in approach. (iv) Answer should be legible.
(v) Answer should be well structured.
(vi) Answer should draw support from practical instances as well as relevant authorities.

1. Indian depository receipts (IDRs) are yet to pick up as attractive option.


Discuss the regulatory framework regarding IDRs in the context of the above
statement.

2. Non Performing Assets (NPAs) have long been perceived as a problem and
various strategies adopted for solving it has not worked successfully. In this
backdrop securitization comes as a ray of hope through Securitization and
Reconstruction of Financial Assets and Enforcement of Securities Interest Act,
2002.

Analyze the statement.

3. Issue of debentures poses a different kind of challenge for any regulator as


compared to issue of shares. Analyze the statement in the context of regulatory
framework for issue of debentures in India.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
INTERNATIONAL TRADE LAW (HONS.-II)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. Write short notes any five of the following: (5 x 4 = 20)

a) Differentiate GATT 1947 and GATT 1994.


b) Amendment of WTO Agreement.
c) MFN principle
d) Importance of EC- Asbestos Case WT/DS135/AB/R
e) Regional Trade Agreements: Rationale and Benefits
f) Theory of absolute advantage
g) Domestic Support
2.
a. Country A has entered into free trade agreement with country B and C.
Country A decides to take safeguard measures against import of steel
products. It imposes safeguard duty of 40% against import of steel from
all countries except country B and C. Is the safeguard measure taken by
country A compatible with Agreement on Safeguards. Discuss in light of
the following facts (10)

i. Safeguard measure was imposed due to absolute increase in


imports from all sources which included imports from country B
and C.
ii. Much of the injury to the domestic industry was caused by imports
from country B and C.

b. Domestic industry of country A requested its investigating authority to


initiate antidumping investigation. It submitted some evidence for injury
but did not have evidence for dumping and insufficient evidence for causal
link. Investigating authority initiated the investigation without seeking
more evidence. Is the investigation compatible with the Antidumping
Agreement? (10)

3. Write short notes on following:


a. What do you mean by Like Products? Can National Treatment be
claimed for products that are not like?
b. Technical barriers to Trade (TBT) (2 x 10 =20)

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
C.G. FEDERALISM (HONS.-II)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Refer case-laws where required.

1. Discuss the meaning of Executive Power under the federal scheme of Indian
Constitution. Critically examine the constitutional provisions relating to the
administrative relations between the Centre and States in India.

2. Write a note on Panchayati Raj Institution in India. Critically examine the 73 rd


& 74th Constitution Amendment Act, 1992, with respect to Local Self
Government. Discuss whether the local self government can be considered as a
threetier government in the scheme of Indian federalism.

3. Write Short Notes on any Four of the Following:


a. Doctrine of Pith and Substance.
b. Role of Finance Commission in the Indian Federal set-up.
c. Grants-in-Aid
d. Territorial Jurisdiction.
e. Role of Planning Commission in India.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
IPR PATENT (HONS.-II)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. Who may file the patent? Describe the true and first inventor with the help of
relevant case laws.

2. Describe the various power of controller, which he can use before the grant of
patent under the patent Act 1970.

3. If it can be shown that the 'new result' was long sought for, the person skilled in
the art had been working without success to attain it and had long regarded it as
a problem, and then the invention of the patentee successfully solved the
problem, then such a state of affairs constituted evidenced of the strongest kind
that the prior knowledge did not in fact give on answer due to the solution.
Explain the statement.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - X
CLS CORPORATE REGULATION (HONS.-II)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. How far it is true that ICDR guidelines 2009 have proved to be one of the
solutions to improve the Capital Market? Whereas many more frauds are still
going on and what is the reason behind it?

2. Who are the intermediaries in the Capital Market Operation? What power is
vested with SEBI to regulate the affairs of Intermediaries? Does Reserve Bank
of India played any role in the regulatory affairs of Intermediaries? Explain.

3. How do you consider that Global Depository Receipts is the off shoots of
American Depository Receipts? What are the rules framed by SEBI for the
purpose of obtaining GDR from the market? Elucidate your answer with live
examples.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - X
NATIONAL REGULATION OF INTERNATIONAL TRADE (HONS.-II)

Max. Marks: 40 Max. Time: 3:00 Hrs.


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

1. Highlight the important aspects of the foreign Trade Policy of India 2009-2014.

2. How does the Government of India regulate the quality of products imported in
India and exported out of India?

3. Discuss various schemes to promote export of goods and services from India.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - X
IPR COPYRIGHT (HONS.-II)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. What is dramatic work. How it is protected under the Copyright Act 1957.
Explain it with the help of judicial decisions.

2. "The author of the work is the first owner of copyright". Discuss the above
statement in the light of provisions of Copyright Act 1957.

3. What are the rights of Copyright owner under Copyright Act 1957.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
FAMILY LAW - I
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Ameena was the only daughter of the very rich business man, Zaffrullah Khan. He had
a big textile showroom in the main city of Indore. He was taking care of his business for
himself and there was no one else to help him. Ameena was doing her final year B.E in
a reputed college in the city of Indore. She was good in sports and all other co-
curricular activities. Her father gave her all necessary freedom and encouraged her in
participating in all activities. Her mother Khadeeja was deadly against all these things
and was nagging her husband to arrange for her marriage immediately as she was
going to complete her course. Because of that Zaffrullah Khan selected a very good and
handsome guy called Mohamed to marry his daughter. Mohamed was the son of a rich
businessman and a distant relative of Zaffrullah Khan. Parents of Mohamed and
Ameena decided that the marriage can be performed immediately after Ameena
completes her studies. Mohameds parents promised that they will wait till that time.

One day, as usual, Zaffrullah Khan went for his work. But unfortunately met with an
accident and fractured his leg. Doctors said he wont move out of his bed atleast for 6
months. Zaffrullah Khan was much worried about his business. Ameena consoled him
by saying that he need not worry about all these things, and she can take care of his
business as she has completed her studies and was totally free now. As there was no
other option, Zaffrullah Khan also agreed. His Manager, Mr Azim was asked to help
her. Though Azim was not well educated he had good experience in the business and he
was much trusted by Zaffrullah Khan. With his help Ameena efficiently managed her
fathers business.

Azeem was attracted by the beauty, brilliance and fine qualities of Ameena. Though she
was rich she was very polite and humble. Ameena was very much attracted by the
sincerity and efficient managerial capacity of Azim. Though he was very poor, he was a
true and trustworthy person. The attraction and liking for each other developed day by
day and matured into love. They decided to marry each other.

Ameena thought her father will not object to her marriage, but was shocked when she
came to know that her father had made all arrangements for her marriage with
Mohamed. Ameena and Azim, beset with grief, felt that now it will be difficult for them
to convince Zaffrullah Khan. So they decided, first they will get married and then
inform him and get his blessings. So a valid Nikkah was performed between Azim and
Ameena. Zaffrullah Khan, the moment he came to know about his daughters hasty
marriage, got heart attack and was admitted to a hospital in critical stage. Both Azeem
and Ameena felt guilty for their hasty decision. Zaffrullah Khan had a discussion with
Azim. Somehow, he convinced Azim and asked him to forget about the marriage and
gave a huge sum of money to him to leave his daughter. In a state of depression Azim
left the city, leaving Ameena with her father. Ameena was so shocked by the behaviour
of Azim that she felt ditched by him. The marriage between Ameena and Azim was not
consummated and they never lived as husband and wife. Page-1
Ameena was forced into marriage with Mohamed by her parents. Because of the
precarious health conditions of her father and since the whereabouts of Azim was not
known, she had no other option except to yield to the pressure of her parents. But even
after her marriage with Mohamed, she was not able to forget Azim.
After a period of 4 months Azim returned and said that he was interested in continuing
his married life with Ameena, and insisted that Ameena should come and live with him.
But at that time Ameena was pregnant by Mohamed. In a state of confusion, Ameena
left for her fathers place.

In the above circumstances, Azim filed an apllication before the court of law, saying that
his marriage with Ameena was a valid marriage and her second marriage with
Mohamed was a bigamous marriage.
Mohamed contended that the so-called hasty marriage between Azim and Ameena was
no marriage at all. There was no consent of the parents or the guardians to the
marriage. Marriage was not consummated. Hence, his marriage with Ameena was valid
and not bigamous.

Under the given circumstances:

a) Discuss the validity of the marriage between Ameena and Azim. Whether the
offence of bigamy is committed by Ameena and Mohamed. (5 marks)
b) What are the essentials of a valid marriage under the Muslim Law? (5 marks)

2. Zohra Khatoon was brought up by her maternal grandfather Amjad, as she lost her
parents in the childhood itself. She had no other relative except her grandfather. She
was given in marriage to a person called Jamil Akhtar on 12-4-2004. Jamil Akhtar was
an employee of Central Institute of Psychiatric, Kanker drawing salary of Rs. 10,000/-
per month. It was agreed between the parties that the prompt dower will be rupees
20,000 and the deferred dower will be rupees 40,000 to be paid on the event of divorce.
Amjad was very happy that he had given his grandaughter to a nice person who has a
decent job and decent salary. With that happiness he died.

Life went on very smoothly for Zohra Khatoon for few years. A child was born out of the
marriage. But after that because of bad company Jamil Akhtar got into drinking and all
other bad habits. Slowly he started neglecting his wife and child. Whenever he is drunk
he used to abuse his wife with all filthy languages and beat her mercilessly. Zohra
Khatoon tolerated everything because she had no place to go or no one to support. Jamil
Akhtar sold all the valubles at home. He sold even a small piece of land which was given
to Zohra Khatoon by her grandfather. One day when Jamil Akhtar was heavily drunk
he abused Zohra Khatoon that only she brought all ill luck in his life and thrashed her.
Unable to bear it anymore she left the matrimonial home. With her 3 year old son she
was left in the street.
One person called Natraj, who was known to her grandfather sympathized her and took
her to his house. Left with no other option, Zohra Khatoon went with him. But later
Natraj started misusing her helpless situation. In these circumstances unable to
maintain herself and her child Zohra Khatoon initiated a proceeding against Jamil
Akhtar under Section 125 of the Code of Criminal Procedure for monthly maintenance.
Immediately Jamil Akhtar settled a meagre amount as maintenance and returned some
jewellery which was brought by her at the time of marriage to Zohra Khatoon.

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Then Jamil Akhtar contended before the court of law that Zohra Khatoon is not entitled
for monthly maintenance under the Code of Criminal Procedure because he has already
divorced her and according to the provisions of The Muslim Women (Protection of
Rights on Divorce) Act, 1986, he has already settled the maintenance amount to her.
She is also not entitled for any dower amount because she is living in adultery with
Mr. Natraj.

Under the above mentioned circumstances, decide:

a) Whether Zohra Khatoon is entitled for maintenance under the Criminal Procedure
Code?
According to The Muslim Women (protection of Rights on Divorce) Act, 1986, what is
the obligation on the husband to maintain his divorced wife? (5 marks)

b) Whether Zohra Khatoon is entitled for the dower amount. Explain the classification
of dower under the Muslim law and also describe the nature of dower under Muslim
Law. (5 marks)

3. The marriage between Meenakshi and Kalyan took place in the temple of Balaji
according to Hindu rites and ceremonies. It was a very happy married life except that
there were no children out of the marriage. Even after 7 years of married life Meenakshi
was not able to bear a child. She consulted many doctors, she went to many temples,
and she consulted many fortune tellers too. One famous fortune teller told her that in
this birth she has no chance of giving birth to a child. After this she started pressurizing
her husband to go for a second marriage. He flatly refused and said only Meenakshi can
be his wife in this birth and no one else. After prolonged medical treatment Meenakshi
conceived but the child was born dead. Now the mentally depressed Meenakshi strongly
believed the words of the fortune teller and was very adamant that her husband should
marry another girl. With the consent of all the elders she arranged for the marriage of
her husband with her own sister Shanthi. Since there was also a custom prevailing in
their community which permitted a man marrying the sister of his wife the elders also
agreed for it. Much against the wish of Kalyan the marriage took place. Only to save
his wife from her depression due to the loss of the child he agreed for the marriage. But
after the second marriage the life was absolutely fine. Meenakshi again conceived and
gave birth to a male child. Shanthi also had two children born out of the marriage.
Now Kalyan, Meenakshi, and Shanthi are no more. Now there is a property dispute
between the children of Shanthi and the son of Meenakshi.

The contention of the son of Meenakshi is that the children of Shanti cannot claim to the
property of Kalyan as they are illegitimate children.

Under the above circumstances: (According to the Hindu Marriage Act 1955)

i. Discuss about the status of the Kalyans second marriage with Shanthi and the
status of the children born out of the marriage. Do the children born out of the
second marriage have any right over the property of their father? ( 5 marks)

ii. When, the status of an illegitimate child can be notionally elevated to the status of a
legitimate child and when it is not possible? (5 marks)

4. Compare and contrast the nature of Hindu Marriage with that of Muslim Marriage.

Page-3
5. Adesh and Akhilesh were twin brothers. Adesh was taking care of his fathers Real
Estate business and Akhilesh was a software Engineer. Adesh married Anusha, who
was a Civil Engineer, and Akhilesh married Deepika, who was also a software
Engineer. Their marriage was solemnized on the same day according to the Hindu rites
and ceremonies.

After marriage, Anusha was blessed with a babyboy and Deepika with a babygirl. The
entire family rejoiced and was very happy. Both Akhilesh and Deepika got a good job in
the U.S.A and were preparing themselves to leave for America. Deepika was making all
necessary purchases. Once when she went out for shopping in her scooty, she met with
an accident and died on the spot. The whole family was grief-striken. Akhilesh was
plunged in deep depression. He was absolutely not able to manage the newborn child.
The child was comfortable only with Anusha.

Every one consoled Akhilesh and advised him to proceed with his job in the U.S.A. His
parents strongly felt, only if he went to America, he could forget his sorrow and his
bereavement caused by the sad and unfortunate incident. They felt, eventually, he
should marry again and start a new life. In the mean time the child got attached to
Anusha, and Anusha also felt a deeper attachment for the child. Akhilesh also felt that
in a foreign country, in a totally new circumstance, he wont be able to manage with the
child, if taken along. Adesh and Anusha were ready to adopt the child. Elders also felt
that it will be for the good of Akhilesh, so that he could start his life anew. Akhilesh also
condescended to the proposal. On the day of Akhileshs departure to America, in front of
all the relatives, the child was handed over to Adesh and Anusha, and they adopted the
child.

Akhilesh lived in America for 3 years. Those three years period of time radically
changed his life. He came back to normal life and agreed for the second marriage,
arranged by his parents. He came back to India for his marriage. After marriage he and
his new wife Vinitha stayed in India for 3 months. During his stay in India he spent a
lot of time with his son, Aditya. Both Vinitha and Akhilesh decided that they will take
Aditya with them to U.S.A. But Adesh and Anusha did not agree to it. They said, they
had taken Aditya in adoption, and now he was their child.

Akhilesh argued that it was only in the welfare of the child that they wanted to take
him along. In the U.S.A he could possibly give him the best comforts and the high
standards of living. He also said there were no ceremonies performed according to their
caste custom. There was no evidence in writing whatsoever.. So the adoption could not
be valid.
Under the above circumstances:

1. Discuss, whether the adoption of Aditya by Adesh and Anusha is valid, under the
Hindu Adoption and Maintenance Act, 1956? (5 marks)

2. What are the essentials of a valid adoption under the Hindu Adoption and
Maintenance Act, 1956? (5 marks)

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
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. Critically examine this statement "Though the parliamentary form of


government envisaged under the constitution of India vests the real executive
powers in the council of ministers, the President is not a mere figure head
decided of all powers without any aid and advice of the council of ministers".

2.
a. Whether the opinion of the Chief Justice of India in regard to the
appointment of judges to the Supreme Court and High Courts is entitled
to Primacy? Can the President disregard the said opinion when it is in
conflict? Discuss with Constitutional provisions and the case law on the
point.

b. D, a judge of the High Court was transferred by the Presidential order to


another High Court. D challenges the transfer on the ground that the
order was issued without his consent and without the concurrence of the
Chief Justices of the two state High courts concerned and of the Chief
Justice of India examine the legal issues involved.

3. Write short notes on the followings:-


a. Exclusive jurisdiction of Supreme Court
b. Appellate jurisdiction of SC.

4. "Post, telegraphs, telephones, wireless, broadcasting and other like forms of


communication". Entry 31 List-I
"Public health and sanitation" Entry List-II

Keeping in view the above entries in vii schedule of the constitution, discuss the
validity of the Public Nuisance Act, 1992 enacted by the state of Chhattisgarh,
which authorities the District Magistrates to issue order regulating and even
prohibiting the use of sound amplifiers, loudspeakers and other means of
roadside entertainments/amusements if it is so required in public interest.
Acting under the above law, the D.M. Raipur banned the use of sound
amplifiers/loudspeakers after 10.30 pm.

5. Write notes on any two:-


a. Ordinance making power
b. Pardoning power
c. Office of profit.

************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VI
ADR
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. What is meant by Foreign Award under New York convention? Explain the
procedure to enforce these awards in India.

2. It is incumbent on the tribunal to decide the dispute in accordance with the rules
designated by the parties- Describe the Party autonomy to choose the rules of law
as applicable to the substance of the dispute and the default power of the arbitral
tribunal to apply the substantive law.

3. Discuss the ex-officio jurisdiction of the court to set aside an arbitral award.

4. In arbitration, the competence of the arbitrator comes from the agreement between
the parties; and it is the parties who give to what is essentially a private tribunal
the authority to decide dispute between them- Comment.

5. Explain the legal framework of Lok Adalat and how does the existing court system
in India integrate different ADR procedures for the settlement of disputes?

***************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - X
HUMAN RIGHTS
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. "All men are born free, they remain free and have equal rights". Discuss.

2. Highlight the three generations of human rights.

3. Discuss the contribution of the United Nations in the promotion and protection
of Human Rights.

4. The Human Rights Council has assumed the role and responsibilities of the
International commission on Human Rights. Comment.

5. Discuss the Constitutional safeguards for the protection of human rights in


India.

*************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
CORPORATE RECONSTRUCTION (HONS.-I)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. Problem of Industrial sickness seems to know no end. Discuss why, if at all, time
has come for us to get out of this hopelessness.

2. Takeover code in India has so frequently been amended as to give an impression


that it has outlived its utility. Analyze the statement.

3. Analyze the challenges posed to the merger initiatives in banking industry in the
backdrop of regulatory framework meant for this purpose.

**************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
INTERNATIONAL INVESTMENT LAW (HONS.-I)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. Explain the nature and scope of the principle of Permanent Sovereignty over
Natural Resources (PSNR) as it is applied in international investment law. Refer
to the relevant doctrines.

2. Do you think that the controls instituted by the host state on environmental
grounds can be regarded as takings which are compensable? Explain the
requirement relating to environmental protection with reference to S.D. Myers
Vs Canada and the Schufeldt Claim. Do you also consider that the multi-
national corporations are liable for extra-territorial control by the home-states?
Refer to the case Doe Vs. Unocal.

3. Discuss the impact that emergencies have on the investment treaty obligations.
Refer to the concepts of necessity and force majeure and the cases of CMS Vs.
Argentine Republic, LG&E, and National Oil Corporation Vs Libyan Sun Oil.
Point out the relevant provisions of International Law Commissions Draft
Articles of State Responsibility.

**************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
COMPENSATORY DISCRIMINATION (HONS.-I)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.

1. "So sadly and oppressively deep-rooted is caste in our country that it has cut
across even the barriers of religion. The caste system has penetrated other
religious and dissentient Hindu sects to whom the practice of caste should be
anathema and we find that practitioner of other religious faiths and Hindus
dissentients are sometimes as rigid adherents to the system of caste as the
conservative Hindus".

In light of the above observation critically evaluate the recent demand of


reservation from the Muslim Community.

2. "The compensatory discriminatory provisions relating to women are neither


enough nor well intentioned".

Discuss the recent controversy on Women Reservation Bill before the


Parliament. Do you think that it should be passed in the present form or it
should allow reservation within reservation?

3. The wrong implementation of reservation policy has resulted into creation of a


special beneficiary class among the SEBCs. It has also created vested interest
and thereby politicalisation of the whole issue.

Do you think that creamy layer formula should be applicable to the SCs/STs
also?

***************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
IPR-TRADEMARKS (HONS.-I)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Substantiate your answers with the help of relevant cases and provisions.

Q 1. 'Passing off does not confer monopoly rights to any names, marks, get-up or
other indica. It does not recognize them as property in its own right'.
Explain. How is passing off different from infringement? What is the importance
and significance of trade dress? Elucidate your answers with the help of case
laws and live examples.

Q 2. With reference to general principles of registration give the procedure for


registration and opposition of trademark. Why should general principles be kept
in mind before registration where absolute and relative grounds are mentioned
separately? Give relevant cases. (10+5+5)

Q. 3 Write Short Note on any Four, (a) is compulsory:


a) Can part of trademark or trade name be used as a separate trademark?
Give your opinion on the issue referring to Google-Bharatmatrimony
Controversy.
b) Deceptive similarity
c) Honest Concurrent User
d) Geographical Indication
e) Trade Dress (4x5 = 20)

****************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VI
BANKING LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. Q.No. 01 is Compulsory.
(ii) All questions carry equal marks.

Q.1 The Bansal Bank (Private) Ltd, which is carrying on business at Chhattisgarh, originated
from Bansal and Company Ltd. Bilaspur, incorporated in November 1944 with the main
object of carrying on money-lending business. In May 1946, the company was converted
into a banking company and in November 1946 its name was changed into Bansal Bank
(Private) Ltd. All its shares are held by its three directors who are closely related. The
Banking Companies Act, 1949, came into force on 16-3-1949. On 14-9-1949, the Bank
applied to the Reserve Bank of India for a license to carry on banking business. The
Officers of the Reserve Bank inspected the said bank in July 1952. A report of that
inspection was prepared on 11-10-1952. The inspection appears to have revealed the
existence of certain defects in the working of the bank. The Reserve Bank therefore
decided to keep in abeyance the consideration of the question of issuing a license evidently
with a view to watch the progress of the bank in eradicating the defects pointed out by the
inspection report.
The defects noticed were the subject matter of subsequent correspondence between the
Bansal Bank (Private) Ltd. and the Reserve Bank of India. A fresh inspection was carried
out in September 1956 under the provisions of the Banking Regulation Act. That
inspection report also revealed certain defects. The RBI was evidently not satisfied that
the affairs of the Petitioner bank were being conducted in the interests of the depositors.
The question of the grant of license was taken up. The RBI directed the Bank to show
cause for the same. A copy of the inspection report was provided to Bansal bank also.
After considering the representation of the Bansal bank the RBI by its letter dated 18-3-
1957, declined to grant the license to carry on banking business in terms of the first
proviso to Sub-section (2) of Section 22 of the Banking Regulation Act, 1949.
Decide and support your answer with the relevant provisions.

Q.2 Discuss the role and power of High Court in the winding up of Banking Companies.

Q.3 (a) Highlight the significance & failure of lead bank scheme.
(b) 'Social Control' imposed severe restrictions on the management & administration
of Banking Companies. Discuss how the priority sectors lending was promoted
through social control on Banks.

Q.4 The relationship between Banker & Customer is as elusive as the word customer;
however banks undertake to exercise their services in various capacities. Discuss
Q.5. Write short note on any Four:
a. Drawee
b. Moratorium
c. Indorsement
d. Dishonor of Negotiable Instrument.
e. Cash Reserve Ratio

*************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
ECONOMICS (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. While discussing salient features of Indian economy discuss the problems of


development.

2. Give an overview of Indian agriculture in 21st century.

3. Discuss the trend, composition and direction of foreign trade in India.

4. Explain the role of public sector enterprises in Indian economy. Also give your
own view on privatization.

5. Write short notes on any two of the following:-


a) Public Sector enterprises in India
b) Poverty in India
c) National Income in India

**************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - IV
LAW OF CONTRACT - II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Bailment implies a sort of relationship in which the personal property of one


person temporarily goes into the possession of the other'

Comment on the above Statement and bring out the essential feature of
bailment.

A customer gave his banker a sum of money for transmission by telegraphic


transfer to his own firm at another place. The bank decided to hold the money
for their balance of account against the customer. Is the bank liable to customer?

2.
a. What do you mean by sub-agent? When can a sub-agent be employed?
Illustrate your answer.

b. A directs his solicitor to sell his estate by auction and to employ an


auctioneer for the purpose. B names C an auctioneer to conduct the sale.
Is C a sub-agent?

3. Discuss fully the effect of non-registration on the rights of the partnership. X


and Y purchased a taxi to ply it in partnership. They had done business for a
year. When X, without the consent of Y disposed of the taxi, Y brought a suit for
recovery of his share in sale proceeds. X set up the defense that the partnership
was not registered and as such the suit was not maintainable.

4.
a. Does the authority of a partner to bind the firm continue even after the
dissolution of the firm?

b. How does partnership differ from joint venture?

c. What are the essentials of a partnership?

5. What is meant by agencies by ratification? What are the essentials of valid


ratification? And also discuss the effect of the ratification?

*************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
SOCIOLOGY (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Do you agree with the statement survival of the fittest? Give explanations in
the light of Spencers theory of Social Darwinism.

2. Discuss the applicability and importance of Phenomenological Sociology in


studying social phenomena/issues/problems.

3. Critically examine the concept of capitalism through the lenses of Post


modernity with suitable examples.

4. Analyses the Postmodern Condition in relation to Big Science and Little Science
and its impact on humanities and social political thought.

5. Write two short notes from the following:


a. Structural Typology of Social Systems
b. Talcott Parsonss Analysis of Sociobiology
c. Various aspects of middle range theory

***************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - IV
IPC (LAW OF CRIMES)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. What offence or offences have been committed by A, in the following case:

a. A, a thief attempts to take out the purse of B, who has a loaded pistol in his
pocket. As soon as the thief puts his hand into Bs pocket, the pistol goes off and
B is shot dead.

b. A, a cobbler, aged about 20 years , who inflicted an injury on the neck of deceased
B, aged 22 years with a pen knife from behind was convicted under section 304
(II) of the Penal Code for culpable homicide not amounting to murder. The
tragedy took place as a result of quarrel between two boys over a loan of Rs.
10.00. The deceased was taken to the hospital and died fifteen days after as a
result of septic poisoning from the wound.

Do you approve or disapprove of As conviction under section 304 (II) I.P.C for
culpable homicide not amounting to murder? Give reasons in support of your
contention. If you were a judge for what offence would you convict A. Give
reasoned arguments for your views?

2.
a. A , a minor girl who was a student of B.Sc second year class in Hindu college
Delhi, asked by B on telephone to meet her, in Bs car at a bus stop in North
Delhi. A went to that place and finding B awaiting got into that car of her own
accord. B took her to certain place and then to the office of the Registrar of
Marriages and got the agreement of marriage registered. Thereafter, both
remained as husband and wife. There was no evidence that any force or
inducement was used. On the contrary, it appeared that insistence of marriage
came from As (girls) side. After a few days B, was arrested on a complaint made
by A s father for kidnapping as A was minor at the relevant time.

Is B, guilty of kidnapping? Will it make any difference if B, had telephoned A, to


meet him and had proposed for marriage? Explain with the help of cases, if any.

b. Ms. X, went to a police station at about 9.00 p.m. on 1st January, 1994 along with
her two companions to lodge a complaint for kidnapping. While they were
leaving the premises, a police constable Y, asked Ms. X to wait at the police
station and told her companions to move out. The direction was complied with.
Immediately thereafter, Y, took Ms X, into a latrine situated at the rear of the
main building, of the police station and raped her in spite of protests and
resistance on her part.

In a charge for rape Y, takes plea of consent on the part of the woman for the act
of intercourse and hence pleads not guilty. Decide the case as a Magistrate giving
reason for your judgment. You may take help of authorities in support of your
views.

What is difference between consent and submission? Illustrate with the help of
examples.
3.
a. A stole a handbag from a house and while carrying it away was seen by B. On
being challenged A , threw the bag and wounded B, with a knife. What offence or
offences, if any has been committed by A ?

Will it make any difference in liability :


i. If B would have allowed A to carry the bag on payment of Rs. 100;
ii. If A would have managed to carry the bag after wounding B;
iii. If A threw the bag and managed to escape.

b. Romeo was the lover of Juliet. He was unhappy that Juliet recently was paying
him less attention since her husband John had returned to Kualalumpur after
completing a post-graduate course in California. Romeo decided to even the
score with John. He concealed a six-inch long and sharp kitchen knife under his
sweater and went to Johns flat situated on the 2nd floor of a condominium block.
Romeo rang the doorbell. John opened the door. He knew Romeo but had no idea
that he had been having an affair with Julliet. So, John greeted Romeo warmly.
However, Romeos hatred for John rose up within. He pulled out the knife and
stabbed John twice, inflicting one wound in Johns neck and another on the
upper part of his right arm. John staggered backwards with blood flowing
profusely from each wound. Romeo advanced towards him brandishing the knife.
John, in panic and pain, summoned up his reserves of energy, turned, ran to the
balcony and jumped over it. In falling to the ground his right arm was fractured
and the two knife wounds were further torn.

Neighbors summoned an ambulance, which arrived from a nearby hospital in 15


minutes. John who was still conscious refused to be taken to the hospital. This
was because during his stay in California he had fallen under the influence of a
small sect and had been persuaded that all modern medical treatment was
contrary to the natural order of life and so should never be resorted to. The
ambulance attendants could not do much beyond making John comfortable
where he laid in the face of his adamant refusal to be taken to the hospital. After
an hour of considerable loss of blood, John died.

The subsequent post-mortem examination revealed that if John had been treated
in the hospital during that one hour his chances of survival would have been
some 80%.

Discuss Romeos liability for the death of John. Will refusal of John to medical
treatment, which might have saved his life, relieve Romeos liability ? Discuss.
4.
a. State the circumstances with illustrations under which an abettor may be
punished for an offence different from that which was abetted.
b. RIGHT OF PRIVATE DEFENSE IS NOT A SWORD BUT A SHIELD - Give
justification of the above statement.

5. Briefly discuss the facts, legal arguments and judgment of the case NAZ FOUNDATION
Vs GOVERNMENT OF NCT OF DELHI AND OTHERS.(Delhi Law Times) 2009.
*************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VI
CORPORATE LAW-II
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Mergers & Acquisitions are an integral part of the new economic paradigm, especially in
todays booming Indian economy. Many companies are enchanting advantage of
Mergers & Acquisitions as a strategy for growth, and occasionally for an exit. The
inclination of companies towards the merger and acquisition activities has resulted in
serious concern for ministry of corporate affairs. The reconstruction process i.e., merger
usually is delayed by the objections raised during the proposal of the scheme. The Apex
court witnessed the reconstruction as a result of family disputes of the promoters of the
company or to meet the financial needs or to compete the global market. J.J.Irani
Committee Report recommended for the new framework to govern the merger and
acquisition activities. Cross border merger is still idol from the provisions of company
law though it is proposed in the new Companies Bill. By this we deduce how significant
the merger and acquisition activity is a study in the present context. Under the light of
Companies Act, 1956 and with the help of decided cases explain the following problems
of merger.

a. Whether exchange ratio approved by shareholders of amalgamating company can


be questioned by a small group of dissenting shareholders?
b. Does the non disclosure of the fact that the chartered accountant entrusted with
the valuation of the shares was also a director of the amalgamating company
amounts to contravention of section 393(1)(a).

2. Explain the constitution, powers and functions of Regulatory Body constituted for
regulating the capital market in India, under the provisions of SEBI Act, 1992.

3. Discuss the role of audit committee, and the auditors with reference to the Corporate
Governance in India. And briefly explain the basic principles of Good Corporate
Governance.

4. Explain the circumstances in which a company may be wound up voluntarily and the
conditions to be fulfilled for bringing about a members voluntary winding-up.

5. A group of shareholders of Pixar Movies Ltd. filed an application before the Company
Law Board (CLB) alleging various acts of Oppression and Mismanagement by Mr.
McGrath, the Managing Director of his associates. During the course of hearing before
the CLB, the authorized representative of the said company contended that the alleged
transactions had taken place several years ago and the company has already removed
the Managing Director, who was responsible for such transactions and hence there is no
case before the CLB to interfere in the working of the company. Against the submissions
on behalf of the company, the applicants submitted that although the oppression was
done in past and the Managing Director has been removed, but the company is still
controlled by the persons, who are in league with the erstwhile Managing Director and
are working as his henchmen.

In the light of the above facts, state the merits of the applicants arguments and the
powers of the Company Law Board with the support of the decided cases.
*************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
DIRECT TAX (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Q.No. 3 and 4 is unavoidable; attempt any two questions from the rest.
(ii) Answer should be within 300 words (iii) All questions carry equal marks.
(iv) Relevancy and legal reasoning is obligatory for answering the questions.
(v) Conjecture that the students are well sentient with the financial act 2010-
2011 and the rates prevailing in this assessment year.

1. Distinguish between previous year and assessment year. Is there any


compulsion to close the books of accounts on 31st March each year? Discuss. The
normal rule is that income of a previous year is assessable to tax in the following
assessment year. Is there any exception to this normal rule? Discuss.

2. Shiva, the Karta of a HUF went to Germany for his family affairs on April 14,
2002. He had never been out of India before. He however, came to India for 65
days on June 30, 2004 and returned back to Germany again.

During the period of his stay at Germany, he used to manage his family from
there by sending verbal and written instructions.

Determine the residential status of the family for the assessment years 2003-04,
2004-05 and 2005-06.

3. Discuss whether the following incomes are assessable to tax in India in the
hands of a non-resident assesses on deemed accrual basis;

a. Income by selling goods of a business of Canada through a branch office in


India.
b. Income by exporting plant & machinery.
c. Fees received in USA from a Non-Resident for technical services rendered
to the business carried on by such non-resident in India.
d. Interest received in Canada for lending money to a resident individual for
the purchase of plant & machinery to be used by the individual for the
setting up of a business in Canada.

4. From the following particulars of income and other relevant matters of 'X' for the
year 200910, compute his total income and tax liability.

a. Basic Salary Rs. 9, 5000 per month.


b. Dearness allowance (not forming part of salary) Rs. 2,100 per month.

Page-1
c. Dearness pay (forming part of salary) Rs. 1,050 per month.
d. House rent allowance Rs. 600 per month (he stay in a rented house in
Kolkata paying monthly rent of Rs. 1,200).
e. Arrear dearness allowance received (relating to the year 2008-09) Rs.
1,200.
f. Loan received from employer Rs. 50,000/- (taken for the purpose of
marriage of his daughter).
g. He contributes to the recognized provident fund @14% of salary (basic
salary + dearness pay). His employer also contributes a similar amount.
Interest @ 13.5% per annum amounting Rs. 8,100 is credited to this fund
during the year.
h. His employer has deposited income tax of Rs. 2,400 and professional tax
Rs. 600 in his name after deducting these sum from his salary.
i. He has invested a sum of Rs. 10,000 in NSC and Rs. 5,000 in fixed deposit
with UCO Bank.
j. He has earned bank interest of Rs. 7,5000 and i9nterest from US 64
Banks of Rs. 5,400 during the year.

5. Define "transfer" as per Income Tax Act 1961. Discuss when transactions are
not regarded as "transfer" for the purpose of computing income under of "Capital
Gain."

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

Page-2
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester VIII & X
MARITIME LAW (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. The right of innocent passage is the result of an attempt of reconcile the


freedom of ocean navigation with the theory of territorial waters-Jessup.
Examine how far the concept of innocent passage as explained in UNCLOS III
has succeeded in reconciling the concept of Freedom of Navigation and the
Coastal States sovereignty over adjacent waters.

2. How is a Bill of Lading different from a Charter Party? Briefly examine the
important functions of Bill of Lading.

3. The ship has not arrived until she is actually in a dock or berth Explain the
concept of Arrived Ship and differentiate between Lay time and Demurrage.

4. Describe the evolution and development of Admiralty jurisdiction in India in the


light of Elisabeth case.

5. Charter parties are entered into on standard terms, established by agreement


and used by charterers and ship owners. However, there are few rules as to what
may or may not be agreed in Charter Parties. Briefly explain the general
principles from the areas of possible variation in a voyage Charter Party?

**************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester VIII & X
WTO (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. Country A initiated antidumping investigation against imports of cotton
textiles from country B. Exporters from Country B felt that investigation
was not being conducted as per the requirements of the antidumping
agreement. Therefore they requested their government to approach the
dispute settlement mechanism. Before country A could take antidumping
measures Country B asked country A for consultations. Consultations
failed. Country B asked the dispute settlement body to set up Panel. By
the time Panel was set up Country A imposed antidumping duties on
imports of cotton textiles from country A. As a lawyer for country A
advise the government how it can defend itself before the Panel.-----------(5)

b. What do you understand by the principle of National Deference. Discuss


its role under the WTO Agreement. -------------------------------------------------(5)

2. What are the rules relating to customs valuation under the WTO Agreement and
what is the purpose of having such rules?--------------------------------------------------10)

3.
a. Government of India wants to ban the import of genetically modified
tomato from Japan. As a legal advisor to the government of India advise
what it should so as not to violate the provisions of the WTO Agreement.--
---------------------------------------------------------------------------------------------------(5)

b. What are the differences between technical regulations, standards and


conformity assessment procedures? Can a country have technical
regulations and standards which are higher than the existing
international standards? ----------------------------------------------------------------(5)

4. Do you agree that the WTO dispute settlement mechanism is an improvement


over the existing international dispute settlement systems? Give reasons for
your answer.-----------------------------------------------------------------------------------------(10)

5. Write Short Notes on any two of the following:


a. Positive list approach under GATS.
b. General Exceptions under GATS.
c. Import Licensing Procedures.

**************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester VIII & X
COMPETITION LAW (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1.
a. SUN Direct and Reliance BIG TV are the two Companies providing DTH Service
in Chhattisgarh, in 2010 they entered into an agreement, in which they agreed
that SUN Direct will not provide their service in Raipur, likewise the BIG TV
will not operate in Bilaspur Examine the validity of this agreement on the
basis of Indian Competition Act. (2 Marks)

b. SUN Direct, a DTH Service company entered into an agreement with Agrawal
Electricals, Raipur to sell the SUN DTH, one of the clause in their agreement is
that Agrawal Electricals should not sell any DTH Product other than SUN Direct

Examine the validity of this agreement on the basis of Indian Competition Act.
(2 Marks)

c. Briefly explain the law relating to anticompetitive agreements under the Indian
Competition Act. (6 Marks)

2.
a. Dominant position of a company/firm is not considered per se bad under the
Indian Competition Act, but only its abuse Justify the statement along with
suitable reasons. (2 Marks)

b. Explain the provisions under the Indian Competition Act for the determination
of dominant position and for the regulation of its abuse. (7 Marks)

3. Explain the circumstances under which a combination between two or more companies
will come within the purview of Competition Act, 2002 and its regulatory framework.

4.
a. Determination of Appreciable adverse effect and Relevant Market are the major
task of Competition Commission in any investigation Explain what you mean
by Appreciable adverse effect and Relevant Market, what are the factors to be
taken into account while determining the Appreciable adverse effect and
Relevant Market? (8 Marks)

b. Explain the provisions relating to Competition Appellate Tribunal (2 Marks)

5. Write Short notes on:-

a. Competition Commission of India (5 Marks)


b. Competition Advocacy (3 Marks)
c. Define Cartel and Predatory Price. (2 Marks)

************
Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester VIII & X
WOMEN & LAW (OPTIONAL)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Swami Vivekanand has aptly remarked: "Just as a bird could not fly with one
wing only, a nation would not march farward if women are left behind." Being
conscious of the need of the time the framers and founding fathers of our
constitution incorporated certain sacrosanct ideals in the form of comprehensive
rights for women so as to metamorphose the abstract ideals into a concrete form.
Discuss

2. "The Muslim women (Protection of Rights on Divorce) Act 1986" was enacted in
reaction of dynamic stand and reformative approach adopted by the Supreme
Court of India in the case of Mohd. Ahmad V. Shahabano Begum. Do you think
that the enactment of parliamentary law secures the right of muslim divorced
wife in the same way and with same magnitude with which shahbano case was
decided?

3. What do you mean by sexual harassment? What is the history of the


development of sexual harassment law? What guidelines has been provided by
the Supreme Court the case of Vishaka V. State of Rajasthan? Discuss

4. Supreme Court of India has given green signal to the Maharashtra Govt. Act on
Jan., 18, 2009 by their judgment rendering live in relationship as valid as
marriages. Critically examine the above judgment and how live in relationship is
a threat so the institution of marriage?

5. "Law should be used as an instrument of distributive justice to achieve a fair


division of wealth among the members of society based upon the principle: from
each according to his capacity, to each according to his needs" critically examine
the above statement in relation to industrial legislations ensuring gender justice
in India.
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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
POLITICAL SCIENCE (MINOR)
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Critically examine Aristotles conception of state and his views on the best
attainable state.

2. Hobbes political philosophy concerning sovereignty, laws, rights and liberties is


premised on his perception of human nature, the life they lived in the state of
nature, and the nature and structure of the social contract made between the
individuals. Discuss.

3. Rousseaus Sovereign is Hobbes Leviathan with its head chopped off.


Substantiate the statement in the light of the absolute powers Rousseau accorded to
the General Will in comparison to those of the Leviathan of Hobbes.

4. Critically examine Gandhis views on non-violence, satyagraha and swedeshi and


outline its significance in the contemporary world scenario.

5. Write short notes on any two of the following:


a) Machiavellis Preachings to the Prince on Preservation of State
b) Aristotles views on Slavery
c) Gandhi views on Satyagraha

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
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. The concept of retrenchment under the Industrial Disputes Act, 1947 is not confined to
termination of services on account of labour surplus only but encompasses within it all
terminations except those specifically excluded in the definition.

Critically examine the above statement bringing out the correct legal position on the
subject. Also state the circumstances in which retrenchment by the employer of his
workman can be held bad in law entitling the workman ordinarily to reinstatement
with back wages.

2. What are the essential characteristics of strike? How you can differentiate it from lock
out? Do the following fall within the definition of strike:

i. Go-slow
ii. Sympathetic strike.
iii. Pen down strike.

3. Write notes on:


a. Works committee
b. Conciliation officer
c. Labour court
d. Tribunal

4. An activity to be an industry it is not necessary that it must be carried on by private


enterprise or must be commercial or result in profit. This result is reached by extending
the meaning of undertaking to cover activities not strictly trade or business but objects
very similar.

Critically examine the correctness of the above statement in the light of provision of
S. 2 (j) of the Industrial Dispute Act, 1947.

5. With reference to the relevant provisions of the Industrial Disputes Act,1947 and the
rules and regulations made there under, advise on following :-

a. An employer in a public utility service Proposes to lock out some employees.


Advise him what he should do?

b. Discuss the consequences of workers participation in strike with special


reference to the question of workers entitlement to wages during the period of
strike.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VI
ADMINISTRATIVE LAW
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Refer case-laws wherever necessary.

1. Write a note on the facts and judgment of the Delhi Laws Act Case (AIR 1951
S.C. 332). Explain how it legitimized the concept of delegated legislation in India
and at the same time imposed outer limits on delegation of legislative powers by
the legislature.

2. Sometimes modification of an existing law by the executive is permissible if such


power is delegated by the legislature to the executive. Explain the different
varieties of Power to Modify or Alter which can be delegated in India.

3. Write Short Notes on any two of the following:


a. Diceys concept of rule of law.
b. Delegated legislation in Britain.
c. Personal Bias.

4. Write a note on Montesquieus Doctrine of Separation of Powers. Discuss the


application of doctrine of separation of powers in U.S.A.

5. Write Short Notes on any two of the following:


a. Reasons for growth of delegated legislation.
b. Essentials of Notice.
c. Judicial Control over delegated legislation with respect to
Constitutionality of Parent Act.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
CIVIL PROCEDURE CODE
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Order 1 deals with the subject of parties to suits and the issues of mis-joinder
and non-joinder of parties. Who can be considered as necessary and proper
parties and when objections as to non-joinder can be raised?

2. Despite the high significance attached to the pleadings, it may be necessary to


amend the pleadings before or during the trial of the case. When amendment
may be allowed? How the courts have applied the relevant provision.

3. The right to administer interrogatories is a valuable right and the party should
not be deprived of that right. Explain when interrogatories may be allowed.
Refer to the cases of Nishi Prem V Javed Akhtar and Raj Narain V Indira
Gandhi.

4. Explain the rules concerning the institution of suits by indigent persons. What
happens when the suit instituted by the indigent person fails?

5. Explain the rule of conclusiveness of foreign judgment as it is incorporated in the


Code.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - II
ENGLISH LITERATURE
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. State how the story of "Two Friends" sets a simple example of mutual fidelity
and loyalty to one's country.
OR
Sketch the character of Gabriel Grub.

2. Commenting on the beauty of its lyrical description, bring out the life story of
"The Cloud".
OR
How does the poem 'A Psalm of Life' fill you with inspiration and noble action?
Can you cite the names of any other poems or works which have moved you the
most?

3. What advice does Francis Bacon give about learning and life in 'OF STUDIES'?
OR
Estimate Charles Lamb as a personal essayist by giving some examples of his
unique blending of humour and pathos.

4. What formative influences drove M.C. Chagla to the legal profession?

5. Show your acquaintance with the life and works of any of the eminent jurists
prescribed in your course.

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - X
PROFESSIONAL ETHICS
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. Briefly discuss the composition, powers and functions of the Bar Council of India
with the help of statutory provisions. How can a member of Bar Council of India
be disqualified? (10 marks)

2. What do you mean by Civil contempt? What acts amount to civil contempt?
Discuss the ingredients of civil contempt with the help of leading cases.
(10 marks)

3. Legal ethics is that branch of moral science which treats of the duties which a
member of the legal profession owes to the public, the Court, to his professional
brethren and to his client..(Ethics) is the study of the meaning and
application of judgments of Good, bad, right , wrong, etc. and every evaluation of
law involves an ethical Judgment. Comment. (10 marks)

4. Critically examine the various defenses in criminal contempt with the help of
case laws. (10 marks)

5. A close and careful interpretation of the extracted section leaves no room for
doubt that the legislature intended that a sentence of fine alone should be
imposed in normal circumstances. The Statute, however, confers special power
on the court to pass a sentence of imprisonment if it thinks that ends of justice
so require, thus, before a court passes the extreme sentence of imprisonment, it
must give special reasons after a proper application of its mind that a sentence
of imprisonment of imprisonment is an exception while sentence of fine is a
rule.

Critically examine the above statement with special reference to remedies


available against the punishment for Contempt of court. (10 marks)

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Hidayatullah National Law University, Raipur
End-Term Examination, April-2010
Semester - VIII
Cr.P.C.
Max. Marks: 40 Max. Time: 3:00 Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.

1. The power of police to arrest a person without warrant is amended by the Code
of Criminal Procedure (Amendment) Act 2008 (through not enforced yet).
Explain the amendments in section 41 of Cr.P.C. 1973 by the above said
Amendment Act 2008.

2. What is charge? Discuss the contents and procedure regarding charge. Whether
court can alter or add the charge.

3. The most stringent process to make appearance of the accused compulsory in the
court is attachment of property. Discuss its procedure under Cr.P.C. 1973.

4.
a. Trial before a Court of Session (5 marks)
b. Remedy of an investigating officer in case he wants to detain a person
arrested for more than 24 hours. (2 marks)
c. Can a witness be compelled to sign his statement recorded by the police
during investigation under Sec. 161 Cr.P.C.? Elucidate how such
statements are used in evidence. (3 marks)

5. Write Notes on:-


a. Procedure to be adopted in trial of a summon cases. (5 marks)
b. Effect of non appearance or death of complainant in summon case
(2 marks)
c. Define Bail. How it is different from anticipatory bail? Under what
circumstances such bail can be granted. By which Court can such bail be
granted? (3 marks)

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